[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 498-499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28993]


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SURFACE TRANSPORTATION BOARD


30-Day Notice of Intent To Seek Approval for Information 
Collections: Joint Notice of Intent To Arbitrate and Notice of 
Availability for Arbitrator Roster

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the 
Surface Transportation Board (STB or

[[Page 499]]

Board) gives notice of its intent to seek approval from the Office of 
Management and Budget (OMB) for an extension of the information 
collections of the Joint Notice of Intent to Arbitrate and Notice of 
Availability for Arbitrator Roster, as described separately below.

DATES: Comments on these information collections should be submitted by 
February 5, 2024.

ADDRESSES: Written comments should be identified as ``Paperwork 
Reduction Act Comments, Arbitration Procedures under 49 CFR 1108.'' 
Written comments for this 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, Arbitration Procedures under 49 CFR 
1108.'' For further information regarding this collection, contact 
Michael Higgins, Deputy Director, Office of Public Assistance, 
Governmental Affairs, and Compliance, at (202) 245-0284 or at 
[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 73388 (Oct. 25, 
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 Information Collections

    OMB Control Number: 2140-0038.

Information Collection 1

    Title: Joint Notice of Intent to Arbitrate.
    STB Form Number: None.
    Type of Review: Extension without change.
    Respondents: Parties seeking to submit to arbitration certain 
matters before the Board.
    Number of Respondents: One.
    Estimated Time per Response: One hour.
    Frequency: On occasion.
    Total Burden Hours (annually including all respondents): One hour.
    Total ``Non-hour Burden'' Cost: None identified. Filings are 
submitted electronically to the Board.
    Needs and Uses: Under 49 CFR 1108.5, arbitration commences with a 
written complaint that contains a statement that the relevant parties 
are participants in the Board's arbitration program, or that the 
complainant is willing to arbitrate the dispute pursuant to the Board's 
arbitration procedures. The respondent's answer to the written 
complaint must then indicate the respondent's participation in the 
Board's arbitration program or its willingness to arbitrate the dispute 
at hand pursuant to the Board's arbitration procedures.
    As an alternative to filing a written complaint, parties may submit 
a joint notice to the Board, indicating the consent of both parties to 
submit an issue in dispute to the Board's arbitration program. In the 
joint notice, parties state the issue(s) that they are willing to 
submit to arbitration. The notice must contain a statement that would 
indicate that all relevant parties are participants in the Board's 
arbitration program pursuant to Sec.  1108.3(a), or that the relevant 
parties are willing to arbitrate voluntarily a matter pursuant to the 
Board's arbitration procedures, and the relief requested. The notice 
must also indicate whether parties have agreed to a three-member 
arbitration panel or a single arbitrator and must indicate whether the 
parties have mutually agreed to a lower amount of potential liability 
in lieu of the monetary award cap that would otherwise be applicable. 
The joint notice encourages greater use of arbitration to resolve 
disputes at the Board.

Information Collection 2

    Title: Notice of Availability for Arbitrator Roster.
    STB Form Number: None.
    Type of Review: Extension without change.
    Respondents: Potential arbitrators.
    Number of Respondents: 23.
    Estimated Time per Response: One hour.
    Frequency: Annually.
    Total Burden Hours (annually including all respondents): 23 hours.
    Total ``Non-hour Burden'' Cost: None identified. Filings are 
submitted electronically to the Board.
    Needs and Uses: Under 49 CFR 1108.6(b), an arbitration roster is 
compiled by the Chairman, and potential interested, qualified persons 
who wish to be placed on the Board's arbitration roster must submit 
notice of their availability to be added to the roster. The Chairman 
may augment the roster at any time to include eligible arbitrators and 
remove from the roster any arbitrators who are no longer available or 
eligible. Potential arbitrators must also update their availability and 
information annually, if they wish to remain available for the 
arbitration roster. The arbitration rosters are available to the public 
on the Board's website at https://www.stb.gov/resources/litigation-alternatives/arbitration/#arbitration-procedures.
    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: December 29, 2023.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-28993 Filed 1-3-24; 8:45 am]
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