81 FR 47486 - 60-Day Notice of Intent To Seek Extension of Approval: Class I Railroad Annual Report
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 140 (July 21, 2016)
Federal Register Volume 81, Issue 140 (July 21, 2016)
| Page Range | 47486-47487 | |
| FR Document | 2016-17235 |
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)] [Notices] [Pages 47486-47487] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17235] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 60-Day Notice of Intent To Seek Extension of Approval: Class I Railroad Annual Report AGENCY: Surface Transportation Board. ACTION: Notice and request for comments. ----------------------------------------------------------------------- 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 the collection of Class I Railroad Annual Reports, described below. DATES: Comments on this information collection should be submitted by September 19, 2016. 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 ``Paperwork Reduction Act Comments, Class I Railroad Annual Report.'' For further information [[Page 47487]] regarding this collection, contact Pedro Ramirez at (202) 245-0333 or at [email protected]. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339.] SUPPLEMENTARY INFORMATION: 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: Class I Railroad Annual Report. OMB Control Number: 2140-0009. Form Number: R1. Type of Review: Extension without change. Respondents: Class I railroads. Number of Respondents: Seven. Estimated Time per Response: No more than 800 hours. This estimate includes time spent reviewing instructions; searching existing data sources; gathering and maintaining the data needed; completing and reviewing the collection of information; and converting the data from the carrier's individual accounting system to the Board's Uniform System of Accounts, which ensures that the information will be presented in a consistent format across all reporting railroads. See 49 U.S.C. 11141-43, 11161-64; 49 CFR 1200-1201. Frequency of Response: Annual. Total Annual Hour Burden: No more than 5,600 hours annually. Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost'' burdens associated with this collection have been identified. The information is submitted electronically. Needs and Uses: Annual reports are required to be filed by Class I railroads under 49 U.S.C. 11145. The reports show operating expenses and operating statistics of the carriers. Operating expenses include costs for right-of-way and structures, equipment, train and yard operations, and general and administrative expenses. Operating statistics include such items as car-miles, revenue-ton-miles, and gross ton-miles. The reports are used by the Board, other Federal agencies, and industry groups to monitor and assess railroad industry growth, financial stability, traffic, and operations, and to identify industry changes that may affect national transportation policy. Information from this report is also entered into the Board's Uniform Rail Costing System (URCS), which is a cost measurement methodology. URCS, which was developed by the Board pursuant to 49 U.S.C. 11161, is used as a tool in rail rate proceedings (in accordance with 49 U.S.C. 10707(d)) to calculate the variable costs associated with providing a particular service. The Board also uses this information to more effectively carry out other regulatory responsibilities, including: acting on railroad requests for authority to engage in Board-regulated financial transactions such as mergers, acquisitions of control, and consolidations, see 49 U.S.C. 11323-24; analyzing the information that the Board obtains through the annual railroad industry waybill sample, see 49 CFR 1244; measuring off-branch costs in railroad abandonment proceedings, in accordance with 49 CFR 1152.32(n); developing the ``rail cost adjustment factors,'' in accordance with 49 U.S.C. 10708; and conducting investigations and rulemakings. 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. Under 44 U.S.C. 3506(c)(2)(A), 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. Information from certain schedules contained in these reports is compiled and published on the Board's Web site, http://www.stb.dot.gov. Information in these reports is not available from any other source. Dated: July 18, 2016. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016-17235 Filed 7-20-16; 8:45 am] BILLING CODE 4915-01-P
![47486 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
Ryan also operates charter services in eliminating duplicate administrative This action is categorically excluded
the Phoenix, Las Vegas, and Los Angeles and managerial functions. Silverado from environmental review under 49
markets utilizing 52 motor coaches and anticipates improved public service CFR 1105.6(c).
4 minibuses. Silverado states that through the debt restructure that will Board decisions and notices are
Michelangelo is also the owner and allow Silverado to access lower interest available on our Web site at
managing member of White Tie costs so that it can more readily replace WWW.STB.DOT.GOV.
International LLC, a non-regulated aging vehicles and purchase newer It is ordered:
motor carrier that provides intrastate vehicles on more favorable terms. With 1. The proposed transaction is
sedan and limousine charters and tours respect to fixed charges, Silverado approved and authorized as described
in the Sedona, Ariz. area. asserts the debt restructure will reduce above, subject to the filing of opposing
Silverado seeks Board authority for its fixed charges by improving its financial comments.
acquisition and control of Michelangelo position and reducing future interest 2. If opposing comments are timely
and Ryan through a stock purchase costs associated with vehicle and other filed, the findings made in this notice
agreement. Specifically, Silverado states financing. Regarding the effect of the will be deemed vacated.
that it would acquire full control of transaction on employees, Silverado 3. This notice will be effective
Michelangelo’s operations, equipment, states that the proposed transaction will September 7, 2016, unless opposing
and operating authority, as well as the consolidate some headquarter and comments are filed by September 6,
operations, equipment, and operating administrative functions, but expects 2016.
authority of Ryan, and that these 4. A copy of this notice will be served
that its improved financial returns will
operations would be merged under the on: (1) The U.S. Department of
strengthen its ability to retain
Silverado brand and management. Transportation, Federal Motor Carrier
employees and expand future
Silverado states that Bronson would Safety Administration, 1200 New Jersey
employment opportunities.
receive cash and a 14.45% ownership of Avenue SE., Washington, DC 20590; (2)
Silverado further claims that the U.S. Department of Justice, Antitrust
stock.4 Silverado explains that it plans competition will not be materially
to restructure approximately $38 Division, 10th Street & Pennsylvania
adversely impacted by the proposed Avenue NW., Washington, DC 20530;
million in current debt of Silverado and transaction. Citing agency precedent
Michelangelo. and (3) the U.S. Department of
finding low entry barriers in the Transportation, Office of the General
Under 49 U.S.C. 14303(b), the Board interstate bus industry, Silverado states
must approve and authorize a Counsel, 1200 New Jersey Avenue SE.,
that the areas of Los Angeles and Las Washington, DC 20590.
transaction that it finds consistent with Vegas, where its services overlap with
the public interest, taking into Michelangelo and Ryan, have robust Decided: July 18, 2016.
consideration at least: (1) The effect of carrier competition. Specifically, By the Board, Chairman Elliott, Vice
the proposed transaction on the Silverado asserts that competing bus Chairman Miller, and Commissioner
adequacy of transportation to the public; carriers in the Los Angeles area that Begeman.
(2) the total fixed charges that result; operate charter and/or tour services Tia Delano,
and (3) the interest of affected carrier include Tourcoach, Gold Coast Tours, Clearance Clerk.
employees. Silverado submitted Pacific Coachways, and Transportation [FR Doc. 2016–17228 Filed 7–20–16; 8:45 am]
information, as required by 49 CFR Charter Services, among other carriers. BILLING CODE 4915–01–P
1182.2, including information to Similarly, Silverado states that Las
demonstrate that the proposed Vegas also has a large number of carriers
transaction is consistent with the public providing charter and/or tour services. SURFACE TRANSPORTATION BOARD
interest under 49 U.S.C. 14303(b), and a Specifically, according to Silverado,
statement that the aggregate gross competing bus carriers in the Las Vegas 60-Day Notice of Intent To Seek
operating revenues of Silverado and area include Arrow Stage Lines, Lewis Extension of Approval: Class I
Michelangelo exceeded $2 million for Brothers, Grand Canyon Coaches, Alan Railroad Annual Report
the preceding 12-month period, see 49 Waxler Group Charter services, and Surface Transportation Board.
AGENCY:
U.S.C. 14303(g).5 other operators. The operations of
Silverado addresses the adequacy of Notice and request for
ACTION:
Michelangelo and Ryan also overlap in comments.
transportation to the public by stating these markets as well as in Phoenix.
that the proposed transaction would not SUMMARY: As required by the Paperwork
The Board finds that the acquisition
result in significant changes to the Reduction Act of 1995, (PRA), the
described in the application (including
nature or scope of services that are Surface Transportation Board (STB or
Silverado’s acquisition of the five
currently conducted by Silverado, Board) gives notice of its intent to seek
subsidiaries, Michelangelo’s acquisition
Michelangelo, or Ryan. Silverado states approval from the Office of Management
of Ryan, and Silverado’s acquisition of
that the transaction would allow for the and Budget (OMB) for an extension of
Michelangelo and Ryan), is consistent
continuation of operations while the collection of Class I Railroad Annual
with the public interest and should be
tentatively approved and authorized. If Reports, described below.
approval of its acquisition of control Ryan. The
Board generally does not grant retroactive authority. any opposing comments are timely DATES: Comments on this information
See supra n.2. The Board will tentatively approve filed, these findings will be deemed collection should be submitted by
and authorize Michelangelo’s acquisition of control vacated, and, unless a final decision can September 19, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
of Ryan as part of the overall transaction at issue
here, but only as of the date of service of this
be made on the record as developed, a ADDRESSES: Direct all comments to
decision, not retroactively. procedural schedule will be adopted to Chris Oehrle, Surface Transportation
4 Silverado’s application included a chart with reconsider the application. See 49 CFR Board, 395 E Street SW., Washington,
stockholders’ names, shares, and percentage of 1182.6(c). If no opposing comments are DC 20423–0001, or to PRA@stb.dot.gov.
ownership before and after the proposed filed by the expiration of the comment When submitting comments, please
transaction.
5 Applicants with gross operating revenues period, this notice will take effect refer to ‘‘Paperwork Reduction Act
exceeding $2 million are required to meet the automatically and will be the final Comments, Class I Railroad Annual
requirements of 49 CFR 1182. Board action. Report.’’ For further information
VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1](https://thefederalregister.org/doc/81_FR_47626/page/1.svg)
![Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 47487
regarding this collection, contact Pedro Board, other Federal agencies, and SURFACE TRANSPORTATION BOARD
Ramirez at (202) 245–0333 or at industry groups to monitor and assess
pedro.ramirez@stb.dot.gov. [Assistance railroad industry growth, financial [Docket No. AB 1011 (Sub-No. 3X)]
for the hearing impaired is available stability, traffic, and operations, and to Northern Lines Railway Company,
through the Federal Information Relay identify industry changes that may LLC—Discontinuance of Service
Service (FIRS) at 1–800–877–8339.] affect national transportation policy. Exemption—in Stearns and Benton
SUPPLEMENTARY INFORMATION: Comments Information from this report is also Counties, Minn.
are requested concerning: (1) The entered into the Board’s Uniform Rail
accuracy of the Board’s burden Costing System (URCS), which is a cost On July 1, 2016, Northern Lines
estimates; (2) ways to enhance the measurement methodology. URCS, Railway, LLC (NLR) filed with the
quality, utility, and clarity of the which was developed by the Board Surface Transportation Board (Board) a
information collected; (3) ways to pursuant to 49 U.S.C. 11161, is used as petition under 49 U.S.C. 10502 for
minimize the burden of the collection of a tool in rail rate proceedings (in exemption from the provisions of 49
information on the respondents, accordance with 49 U.S.C. 10707(d)) to U.S.C. 10903 to discontinue rail service
including the use of automated calculate the variable costs associated over approximately three miles of rail
collection techniques or other forms of line (the Subject Segments) in East St.
with providing a particular service. The
information technology, when Cloud, Stearns and Benton Counties,
Board also uses this information to more
appropriate; and (4) whether the Minn.
collection of information is necessary effectively carry out other regulatory
responsibilities, including: acting on NLR is not the owner of the Subject
for the proper performance of the Segments. The Subject Segments are
functions of the Board, including railroad requests for authority to engage
owned by BNSF Railway Company
whether the collection has practical in Board-regulated financial
(BNSF).1 The Subject Segments connect
utility. Submitted comments will be transactions such as mergers,
to BNSF main lines between milepost
summarized and included in the acquisitions of control, and 73 and milepost 75 and include: (a) All
Board’s request for OMB approval. consolidations, see 49 U.S.C. 11323–24; tracks accessed by Main 1 from Tracks
analyzing the information that the Board 9967 and 9966; (b) Track 0132 along
Description of Collection obtains through the annual railroad with Track 0146 and Track 0146’s
Title: Class I Railroad Annual Report. industry waybill sample, see 49 CFR connecting industries within the wye
OMB Control Number: 2140–0009. 1244; measuring off-branch costs in complex at main line milepost 74; and
Form Number: R1. railroad abandonment proceedings, in
Type of Review: Extension without (c) Track 0162, also known as Transfer
accordance with 49 CFR 1152.32(n); 2.
change.
Respondents: Class I railroads. developing the ‘‘rail cost adjustment NLR states that BNSF has advised
Number of Respondents: Seven. factors,’’ in accordance with 49 U.S.C. NLR that some of the Subject Segments,
Estimated Time per Response: No 10708; and conducting investigations based on information on BNSF’s
more than 800 hours. This estimate and rulemakings. possession, do contain federally granted
includes time spent reviewing Under the PRA, a federal agency that rights-of-way. Any documentation in
instructions; searching existing data conducts or sponsors a collection of NLR’s possession will be made available
sources; gathering and maintaining the information must display a currently promptly to those requesting it.
data needed; completing and reviewing The interest of railroad employees
valid OMB control number. A collection
the collection of information; and will be granted by the conditions set
of information, which is defined in 44
converting the data from the carrier’s forth in Oregon Short Line Railroad—
U.S.C. 3502(3) and 5 CFR 1320.3(c), Abandonment Portion Goshen Branch
individual accounting system to the includes agency requirements that
Board’s Uniform System of Accounts, Between Firth & Ammon, in Bingham &
persons submit reports, keep records, or Bonneville Counties, Idaho, 360 I.C.C.
which ensures that the information will
provide information to the agency, third 91 (1979).
be presented in a consistent format
parties, or the public. Under 44 U.S.C. By issuance of this notice, the Board
across all reporting railroads. See 49
U.S.C. 11141–43, 11161–64; 49 CFR 3506(c)(2)(A), federal agencies are is instituting an exemption proceeding
1200–1201. required to provide, prior to an agency’s pursuant to 49 U.S.C. 10502(b). A final
Frequency of Response: Annual. submitting a collection to OMB for decision will be issued by October 19,
Total Annual Hour Burden: No more approval, a 60-day notice and comment 2016.
than 5,600 hours annually. period through publication in the Because this is a discontinuance
Total Annual ‘‘Non-Hour Burden’’ Federal Register concerning each proceeding and not an abandonment
Cost: No ‘‘non-hour cost’’ burdens proposed collection of information, proceeding, trail use/rail banking and
associated with this collection have including each proposed extension of an public use conditions are not
been identified. The information is existing collection of information. appropriate. Because there will be
submitted electronically. Information from certain schedules environmental review during
Needs and Uses: Annual reports are abandonment, this discontinuance does
contained in these reports is compiled
required to be filed by Class I railroads not require an environmental review.
under 49 U.S.C. 11145. The reports and published on the Board’s Web site,
Any offer of financial assistance
show operating expenses and operating http://www.stb.dot.gov. Information in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(OFA) under 49 CFR 1152.27(b)(2) to
statistics of the carriers. Operating these reports is not available from any subsidize continued rail service will be
expenses include costs for right-of-way other source. due no later than October 31, 2016, or
and structures, equipment, train and Dated: July 18, 2016.
yard operations, and general and Brendetta S. Jones,
1 NLR was granted authority to lease and operate
administrative expenses. Operating the Subject Segments in Northern Lines Ry., LLC—
Clearance Clerk. Lease and Operation Exemption—Burlington
statistics include such items as car- Northern and Santa Fe Ry., FD 34627 (STB served
[FR Doc. 2016–17235 Filed 7–20–16; 8:45 am]
miles, revenue-ton-miles, and gross ton- Jan. 6, 2005) (as modified by the decision in the
miles. The reports are used by the BILLING CODE 4915–01–P same docket served June 3, 2005).
VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1](https://thefederalregister.org/doc/81_FR_47626/page/2.svg)
Document Created: 2018-02-08 07:59:22
Document Modified: 2018-02-08 07:59:22
| 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 | Notice and request for comments. | |
| Dates | Comments on this information collection should be submitted by September 19, 2016. | |
| FR Citation | 81 FR 47486 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR