[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71922-71923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22973]


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SURFACE TRANSPORTATION BOARD


30-Day Notice of Intent To Seek Extension of Approval of 
Collection: Statutory Licensing Authority

ACTION: Notice and request for comments.

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AGENCY: Surface Transportation Board.
SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the 
Surface Transportation Board (STB or Board) gives notice of its intent 
to seek approval from the Office of Management and Budget (OMB) for an 
extension of approval for the information collection required from 
those seeking statutory licensing authority, as described below.

DATES: Comments on this information collection should be submitted by 
November 17, 2023.

ADDRESSES: Written comments should be identified as ``Paperwork 
Reduction Act Comments, Surface Transportation Board, Statutory 
Licensing Authority.'' Written comments for the proposed information 
collection should be submitted via www.reginfo.gov/public/do/PRAMain. 
This information collection can be accessed by selecting ``Currently 
under Review--Open for Public Comments'' or by using the search 
function. As an alternative, written comments may be directed to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Michael J. McManus, Surface Transportation Board 
Desk Officer: via email at [email protected]; by fax at (202) 
395-1743; or by mail to Room 10235, 725 17th Street NW, Washington, DC 
20503.
    Please also direct all comments to Chris Oehrle, PRA Officer, 
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001, or to [email protected]. When submitting comments, please refer to 
``Paperwork Reduction Act Comments, Surface Transportation Board: 
Statutory Licensing Authority.'' For further information regarding this 
collection, contact Michael Higgins, Deputy Director, Office of Public 
Assistance, Governmental Affairs, and Compliance, at (202) 245-0284 or 
[email protected]. If you require an accommodation under the 
Americans with Disabilities Act, please call (202) 245-0245.

SUPPLEMENTARY INFORMATION: The Board previously published a notice 
about this collection in the Federal Register (88 FR 52237 (August 7, 
2023)). That notice allowed for a 60-day public review and comment 
period. No comments were received.
    Comments are requested concerning: (1) the accuracy of the Board's 
burden estimates; (2) ways to enhance the quality, utility, and clarity 
of the information collected; (3) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology, when appropriate; and (4) whether the collection of 
information is necessary for the proper performance of the functions of 
the Board, including whether the collection has practical utility. 
Submitted comments will be summarized and included in the Board's 
request for OMB approval.

Description of Collection

    Title: Statutory Licensing Authority.
    OMB Control Number: 2140-0023.
    STB Form Number: None.
    Type of Review: Extension without change.
    Respondents: Rail carriers and non-carriers seeking statutory 
licensing or consolidation authority, an exemption from filing an 
application for such authority, or interchange commitments.
    Number of Respondents: 85.
    Estimated Time per Response:

                      Estimated Hours per Response
------------------------------------------------------------------------
                                                             Number of
                                                             hours per
                                                          response under
                     Type of filing                          49 U.S.C.
                                                           10901-03 and
                                                             11323-26
------------------------------------------------------------------------
Applications............................................             575
Petitions *.............................................              75
Notices *...............................................              25
Interchange commitments.................................              10
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    Frequency: On occasion.

           Average Annual Number of Responses for FY 2020-2022
------------------------------------------------------------------------
                                                              Average
                                                             number of
                                                            filings per
                     Type of filing                        year under 49
                                                           U.S.C. 10901-
                                                           03 and 11323-
----------------------------------------------------------------26------
Applications............................................               7
Petitions *.............................................              15
Notices *...............................................              88
Interchange commitments.................................               5
------------------------------------------------------------------------

    Total Burden Hours (annually including all respondents): 7,300 
hours (sum of estimated hours per response x number of responses for 
each type of filing).

                                            Total Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Hours per    Annual  number   Total annual
                         Type of filing                              response       of  filings    burden hours
----------------------------------------------------------------------------------------------------------------
Applications....................................................             575               7           4,025
Petitions *.....................................................              75              15           1,125
Notices *.......................................................              25              88           2,200

[[Page 71923]]

 
Interchange commitments.........................................              10               5              50
                                                                 -----------------------------------------------
    Total annual burden hours...................................  ..............  ..............           7,300
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* Under section 10502, petitions for exemption and notices of exemption are permitted in lieu of an application.

    Total ``Non-hour Burden'' Cost: None identified. Filings are 
submitted electronically to the Board. However, for some filings, 
respondents are sometimes required to send documentation or 
consultation letters to various other governmental agencies or parties, 
some of which may involve limited mailing costs, which staff estimates 
in total to be approximately $2,100.
    Needs and Uses: As mandated by Congress, an application for prior 
approval and authority must be filed with the Board by persons seeking 
to construct, acquire, or operate a line of railroad; by railroads 
seeking to abandon or discontinue operations over a line of railroad; 
and, in the case of two or more railroads, by railroads seeking to 
consolidate their interests through merger or a common-control 
arrangement. See 49 U.S.C. 10901-03, 11323-26. Under 49 U.S.C. 10502, 
persons may seek an exemption from many of the application requirements 
of sections 10901-03 and 11323-26 by filing with the Board a petition 
for exemption or notice of exemption in lieu of an application. The 
collection by the Board of these applications, petitions, and notices 
(including collection of disclosures of rail ``interchange 
commitments'' under 49 CFR 1121.3(d), 1150.33(h), 1150.43(h), and 
1180.4(g)(4)) enables the Board to meet its statutory duty to regulate 
the referenced rail transactions. If the actions for which authority is 
sought create agreements with interchange commitments that limit the 
future interchange of traffic with third parties, then certain 
information must be disclosed to the Board about those commitments. 49 
CFR 1121.3(d), 1150.33(h), 1150.43(h), 1180.4(g)(4). The collection of 
this information facilitates the case-specific review of interchange 
commitments and enables the Board's monitoring of their usage 
generally.
    Under the PRA, a federal agency that conducts or sponsors a 
collection of information must display a currently valid OMB control 
number. A collection of information, which is defined in 44 U.S.C. 
3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons 
submit reports, keep records, or provide information to the agency, 
third parties, or the public. Section 3507(b) of the PRA requires, 
concurrent with an agency's submitting a collection to OMB for 
approval, a 30-day notice and comment period through publication in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information.

    Dated: October 13, 2023.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-22973 Filed 10-17-23; 8:45 am]
BILLING CODE 4915-01-P