80 FR 38508 - Information Collection Activities: Statutory Licensing and Consolidation Authority
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 128 (July 6, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 128 (July 6, 2015)
| Page Range | 38508-38509 | |
| FR Document | 2015-16447 |
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)] [Notices] [Pages 38508-38509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16447] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Licensing and Consolidation Authority AGENCY: Surface Transportation Board, DOT. ACTION: 60-day notice and request for comments. ----------------------------------------------------------------------- SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the information collections required from those seeking licensing authority under 49 U.S.C. 10901-03 and consolidation authority under Sec. Sec. 11323-26. Under these Title 49 provisions, rail carriers and non-carriers are required to file an application with the Board, or seek an exemption (through petition or notice) from the full application process under Sec. 10502, before they may construct, acquire, or operate a line of railroad; abandon or discontinue operations over a line of railroad; or consolidate their interests through a merger or common-control arrangement. The relevant information collections are described in more detail below. Comments are requested concerning: The accuracy of the Board's burden estimates; ways to enhance the quality, utility, and clarity of the information collected; 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 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 Collections Title: Statutory Licensing and Consolidation 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 or an exemption from filing an application for such authority. Number of Respondents: 64.\1\ --------------------------------------------------------------------------- \1\ Approximately 40% of the filings were additional filings submitted by railroads that had already submitted filings during the time period. Therefore, the number of respondents (64) is approximately 40% less than the number of filings (106). --------------------------------------------------------------------------- Frequency: On occasion. Table--Number of Responses in FY 2011 ------------------------------------------------------------------------ Number of filings under 49 U.S.C. Type of filing 10901-03 and 11323-26 ------------------------------------------------------------------------ Applications......................................... 2 Petitions *.......................................... 18 Notices *............................................ 103 ------------------------------------------------------------------------ * Under Sec. 10502, petitions for exemption and notices of exemption are permitted in lieu of an application. Total Burden Hours (annually including all respondents): 4,049 hours (sum total of estimated hours per response x number of responses for each type of filing). [[Page 38509]] Table--Estimated Hours per Response ------------------------------------------------------------------------ Number of hours per response Type of filing under 49 U.S.C. 10901-03 and 11323-26 ------------------------------------------------------------------------ Applications......................................... 524 Petitions *.......................................... 58 Notices *............................................ 19 ------------------------------------------------------------------------ * Under Sec. 10502, petition for exemptions and notices of exemption are permitted in lieu of an application. Total ``Non-hour Burden'' Cost (such as filing fees): None identified. Filings are submitted electronically to the Board. Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995), persons seeking to construct, acquire or operate a line of railroad and railroads seeking to abandon or to discontinue operations over a line of railroad or, in the case of two or more railroads, to consolidate their interests through merger or a common-control arrangement are required to file an application for prior approval and authority with the Board. See 49 U.S.C. 10901-03 and 11323-26. Under 49 U.S.C. 10502, persons may seek an exemption from many of the application requirements of Sec. Sec. 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 enables the Board to meet its statutory duty to regulate the referenced rail transactions. See Table--Statutory and Regulatory Provisions below. Retention Period: Information in these collections is maintained by Board for 10 years, after which it is transferred to the National Archives as permanent records. DATES: Comments on this information collection should be submitted by September 4, 2015. ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or to [email protected]. When submitting comments, please refer to ``Statutory Licensing and Consolidation Authority.'' For further information regarding this collection, contact [email protected] or Chris Oehrle at (202) 245-0271. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] Filings made in responses to this collection are available on the Board's Web site at www.stb.dot.gov. SUPPLEMENTARY INFORMATION: Under Sec. Sec. 10901-03 and 11323-26, an application is required to seek authority under these sections, unless an applicant receives an exemption under 49 U.S.C. 10502. Respondents seeking such authority from the Board must submit certain information required under the Board's related regulations. The table below shows the statutory and regulatory provisions under which the Board requires the information collections that are the subject of this notice. Table--Statutory and Regulatory Provisions * ---------------------------------------------------------------------------------------------------------------- Certificate required Statutory provision Regulations ---------------------------------------------------------------------------------------------------------------- Construct, Acquire, or Operate 49 U.S.C. 10901.................... 49 CFR Part 1150. Railroad Lines. Short Line purchases by Class II and 49 U.S.C. 10902.................... 49 CFR 1150.41-45. Class III Rail Carriers. Abandonments and Discontinuances...... 49 U.S.C. 10903.................... 49 CFR Part 1152. Railroad Acquisitions, Trackage 49 U.S.C. 11323-26................. 49 CFR Part 1180. Rights, and Leases. ---------------------------------------------------------------------------------------------------------------- * STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_stbrules.html). Under the PRA, a Federal agency conducting or sponsoring 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. Under Sec. 3506(c)(2)(A) of the PRA, Federal agencies are required to provide, prior to an agency's submitting a collection to OMB for approval, a 60-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: June 29, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015-16447 Filed 7-2-15; 8:45 am] BILLING CODE 4915-01-P
![38508 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices
(2) Flashes for a period of at least 60 exempt AML from providing recall railroad; abandon or discontinue
seconds but no longer than 90 seconds upon notification of noncompliance as operations over a line of railroad; or
detection of any condition specified in required by 49 U.S.C. 30118 and consolidate their interests through a
S4.4(a) after the ignition locking system is remedying the recall noncompliance as
activated to the ‘‘On’’ (‘‘Run’’) position. After merger or common-control arrangement.
each period of prescribed flashing, the
required by 49 U.S.C. 30120 should be The relevant information collections are
telltale must remain continuously granted. described in more detail below.
illuminated as long as a malfunction exists NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and Comments are requested concerning:
and the ignition locking system is in the
‘‘On’’ (‘‘Run’’) position. This flashing and 30120(h)) that permit manufacturers to The accuracy of the Board’s burden
illumination sequence must be repeated each file petitions for a determination of estimates; ways to enhance the quality,
time the ignition locking system is placed in inconsequentiality allow NHTSA to utility, and clarity of the information
the ‘‘On’’ (‘‘Run’’) position until the situation exempt manufacturers only from the collected; ways to minimize the burden
causing the malfunction has been duties found in sections 30118 and of the collection of information on the
corrected. . . . 30120, respectively, to notify owners, respondents, including the use of
V. Summary of AML’s Analyses: AML purchasers, and dealers of a defect or automated collection techniques or
stated its belief that the subject noncompliance and to remedy the other forms of information technology,
noncompliance is inconsequential to defect or noncompliance. Therefore, any when appropriate; and whether the
motor vehicle safety for the following decision on this petition only applies to collection of information is necessary
reasons: the subject vehicles that AML no longer
(A) AML stated that although the for the proper performance of the
controlled at the time it determined that functions of the Board, including
malfunction indicator does not re-
the noncompliance existed. However, whether the collection has practical
illuminate immediately after the vehicle
any decision on this petition does not utility. Submitted comments will be
is restarted, it generally will illuminate
relieve vehicle distributors and dealers summarized and included in the
shortly thereafter, and in any event it
of the prohibitions on the sale, offer for Board’s request for OMB approval.
will illuminate in no more than about
sale, or introduction or delivery for
40 seconds, even in vehicles containing Description of Collections
introduction into interstate commerce of
the noncompliance. Once a vehicle has
the noncompliant vehicles under their
started and is accelerating above 23 mph Title: Statutory Licensing and
control after AML notified them that the
for a period of 15 seconds, the TPMS Consolidation Authority.
subject noncompliance existed.
will seek to confirm the sensors fitted to OMB Control Number: 2140–0023.
the vehicle. If a sensor is not fitted, the Authority: 49 U.S.C. 30118, 30120:
TPMS will detect this within a further delegations of authority at 49 CFR 1.95 and STB Form Number: None.
501.8.
period of 15–20 seconds (up to a Type of Review: Extension without
maximum of 25 seconds) and the TPMS Jeffrey Giuseppe, change.
malfunction indicator will illuminate Director, Office of Vehicle Safety Compliance. Respondents: Rail carriers and non-
correctly. Once the malfunction [FR Doc. 2015–16439 Filed 7–2–15; 8:45 am] carriers seeking statutory licensing or
indicator is illuminated, it will remain BILLING CODE 4910–59–P consolidation authority or an exemption
illuminated throughout that ignition
from filing an application for such
cycle, regardless of the vehicle’s speed.
(B) AML also stated that if the TPMS authority.
DEPARTMENT OF TRANSPORTATION
fails to detect the wheel sensors, the Number of Respondents: 64.1
TPMS monitor will display on the Surface Transportation Board Frequency: On occasion.
TPMS pressures screen ‘‘—’’ warning
the driver that the status of the wheel Information Collection Activities:
Statutory Licensing and Consolidation TABLE—NUMBER OF RESPONSES IN
sensor is unconfirmed. Once the vehicle FY 2011
starts moving, the system will then Authority
accurately determine if a sensor is AGENCY: Surface Transportation Board, Number of filings
present or not. DOT. under 49 U.S.C.
(C) AML says that the noncompliance Type of filing
60-day notice and request for
ACTION: 10901–03 and
is confined to one particular aspect of 11323–26
comments.
the functionality of the otherwise
compliant TPMS malfunction indicator. SUMMARY: As required by the Paperwork Applications .................... 2
All other aspects of the low-pressure Reduction Act of 1995, 44 U.S.C. 3501– Petitions * ........................ 18
monitoring system functionality are 3519 (PRA), the Surface Transportation Notices * .......................... 103
fully compliant with the requirements Board (STB or Board) gives notice of its * Under § 10502, petitions for exemption and
of FMVSS No. 138. intent to seek from the Office of notices of exemption are permitted in lieu of
(D) AML is not aware of any customer Management and Budget (OMB) an an application.
complaints, field communications, extension of approval for the
Total Burden Hours (annually
incidents or injuries related to this information collections required from
condition. those seeking licensing authority under including all respondents): 4,049 hours
AML has additionally informed 49 U.S.C. 10901–03 and consolidation (sum total of estimated hours per
NHTSA that all unsold vehicles in authority under §§ 11323–26. response × number of responses for each
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AML’s custody and control will have Under these Title 49 provisions, rail type of filing).
the TPMS Electronic Control Unit carriers and non-carriers are required to
reprogrammed prior to being sold. file an application with the Board, or 1 Approximately 40% of the filings were
In summation, AML believes that the seek an exemption (through petition or additional filings submitted by railroads that had
already submitted filings during the time period.
described noncompliance of the subject notice) from the full application process Therefore, the number of respondents (64) is
vehicles is inconsequential to motor under § 10502, before they may approximately 40% less than the number of filings
vehicle safety, and that its petition, to construct, acquire, or operate a line of (106).
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![Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38509
TABLE—ESTIMATED HOURS PER their interests through merger or a Board, 395 E Street SW., Washington,
RESPONSE common-control arrangement are DC 20423–0001, or to PRA@stb.dot.gov.
required to file an application for prior When submitting comments, please
Number of hours approval and authority with the Board. refer to ‘‘Statutory Licensing and
per response See 49 U.S.C. 10901–03 and 11323–26. Consolidation Authority.’’ For further
Type of filing under 49 U.S.C. Under 49 U.S.C. 10502, persons may information regarding this collection,
10901–03 and
11323–26 seek an exemption from many of the contact PRA@stb.dot.gov or Chris Oehrle
application requirements of §§ 10901– at (202) 245–0271. [Federal Information
Applications .................... 524 03 and 11323–26 by filing with the Relay Service (FIRS) for the hearing
Petitions * ........................ 58 Board a petition for exemption or notice impaired: (800) 877–8339.] Filings made
Notices * .......................... 19 of exemption in lieu of an application. in responses to this collection are
* Under § 10502, petition for exemptions and The collection by the Board of these available on the Board’s Web site at
notices of exemption are permitted in lieu of applications, petitions, and notices www.stb.dot.gov.
an application. enables the Board to meet its statutory
SUPPLEMENTARY INFORMATION: Under
Total ‘‘Non-hour Burden’’ Cost (such duty to regulate the referenced rail
§§ 10901–03 and 11323–26, an
as filing fees): None identified. Filings transactions. See Table—Statutory and
application is required to seek authority
are submitted electronically to the Regulatory Provisions below.
under these sections, unless an
Board. Retention Period: Information in these
applicant receives an exemption under
collections is maintained by Board for
Needs and Uses: Under the Interstate 49 U.S.C. 10502. Respondents seeking
10 years, after which it is transferred to
Commerce Act, as amended by the ICC such authority from the Board must
the National Archives as permanent
Termination Act of 1995, Public Law submit certain information required
records.
104–88, 109 Stat. 803 (1995), persons under the Board’s related regulations.
seeking to construct, acquire or operate DATES: Comments on this information The table below shows the statutory and
a line of railroad and railroads seeking collection should be submitted by regulatory provisions under which the
to abandon or to discontinue operations September 4, 2015. Board requires the information
over a line of railroad or, in the case of ADDRESSES: Direct all comments to collections that are the subject of this
two or more railroads, to consolidate Chris Oehrle, Surface Transportation notice.
TABLE—STATUTORY AND REGULATORY PROVISIONS *
Statutory
Certificate required Regulations
provision
Construct, Acquire, or Operate Railroad Lines ............................................................................... 49 U.S.C. 10901 ....... 49 CFR Part 1150.
Short Line purchases by Class II and Class III Rail Carriers ......................................................... 49 U.S.C. 10902 ....... 49 CFR 1150.41–45.
Abandonments and Discontinuances .............................................................................................. 49 U.S.C. 10903 ....... 49 CFR Part 1152.
Railroad Acquisitions, Trackage Rights, and Leases ...................................................................... 49 U.S.C. 11323–26 .. 49 CFR Part 1180.
* STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_
stbrules.html).
Under the PRA, a Federal agency DEPARTMENT OF TRANSPORTATION service by filing with the Board: An
conducting or sponsoring a collection of offer of financial assistance (OFA) to
information must display a currently Surface Transportation Board subsidize or purchase a rail line for
valid OMB control number. A collection which a railroad is seeking
Information Collection Activities: abandonment (49 U.S.C. 10904),
of information, which is defined in 44
Statutory Authority To Preserve Rail including a request for the Board to set
U.S.C. 3502(3) and 5 CFR 1320.3(c), Service
includes agency requirements that terms and conditions of the financial
persons submit reports, keep records, or AGENCY: Surface Transportation Board, assistance; a request for a public use
provide information to the agency, third DOT. condition (§ 10905); or a trail-use
60-day notice and request for
ACTION: request (16 U.S.C. 1247(d)). Similarly,
parties, or the public. Under
comments. when a line is placed on a system
§ 3506(c)(2)(A) of the PRA, Federal
diagram map identifying it as an
agencies are required to provide, prior SUMMARY: As required by the Paperwork anticipated or potential candidate for
to an agency’s submitting a collection to Reduction Act of 1995, 44 U.S.C. 3501– abandonment, affected shippers,
OMB for approval, a 60-day notice and 3519 (PRA), the Surface Transportation communities, or other interested
comment period through publication in Board (STB or Board) gives notice of its persons may seek to preserve rail
the Federal Register concerning each intent to seek from the Office of service by filing with the Board a feeder
proposed collection of information, Management and Budget (OMB) an line application to purchase the
including each proposed extension of an extension of the information collections identified rail line (§ 10907). When a
existing collection of information. required under 49 U.S.C. 10904–05 and line is so placed on the map, the feeder
Dated: June 29, 2015. 10907, and 16 U.S.C. 1247(d). line applicant need not demonstrate that
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Under these statutory provisions, the the public convenience and necessity
Jeffrey Herzig,
Board administers programs designed to require or permit the sale of the line, but
Clearance Clerk. preserve railroad service or rail rights- need only pay the constitutional
[FR Doc. 2015–16447 Filed 7–2–15; 8:45 am] of-way. When a line is proposed for minimum value to acquire it.
BILLING CODE 4915–01–P abandonment, affected shippers, Additionally, the railroad owning the
communities, or other interested rail line subject to abandonment must,
persons may seek to preserve rail in some circumstances, provide
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Document Created: 2015-12-15 13:17:22
Document Modified: 2015-12-15 13:17:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 60-day notice and request for comments. | |
| Dates | Comments on this information collection should be submitted by September 4, 2015. | |
| FR Citation | 80 FR 38508 |
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