82 FR 13039 - 30-day Notice of Intent To Seek Extension of Approval: Information Collection Activities (Complaints, Petitions for Declaratory Orders, and Petitions for Relief Not Otherwise Specified)
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 44 (March 8, 2017)
Federal Register Volume 82, Issue 44 (March 8, 2017)
| Page Range | 13039-13040 | |
| FR Document | 2017-04555 |
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)] [Notices] [Pages 13039-13040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04555] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 30-day Notice of Intent To Seek Extension of Approval: Information Collection Activities (Complaints, Petitions for Declaratory Orders, and Petitions for Relief Not Otherwise Specified) AGENCY: Surface Transportation Board. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501- 3521 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of an extension of the information collections required for (1) complaints filed under 49 U.S.C. 10701-10707, 11101-11103, 11701-11707 (rail), 14701-14707 (motor, water & intermediaries), and 15901-15906 (pipelines) and 49 CFR part 1111; (2) petitions for declaratory orders under 5 U.S.C. 554(e) and 49 U.S.C. 1321; and (3) catch-all petitions (for relief not otherwise specified) under 49 U.S.C. 1321 and 49 CFR part 1117. Under these statutory and regulatory sections, the Board provides procedures for persons to make a broad range of claims and to seek a broad range of remedies before the Board. The information collections relevant to these complaints and petitions are described separately below. The Board previously published a notice about this collection in the Federal Register. 81 FR 86061 (Nov. 29, 2016). That notice allowed for a 60-day public review and comment period. No comments were received. DATES: Comments on this information collection should be submitted by April 7, 2017. ADDRESSES: Written comments should be identified as ``Paperwork Reduction Act Comments, Surface Transportation Board: Information Collection Activities.'' These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Chad Lallemand, Surface Transportation Board Desk Officer, by email at [email protected]; by fax at (202) 395- 6974; or by mail to Room 10235, 725 17th Street NW., Washington, DC 20503. Please also direct a copy of comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or to [email protected]. FOR FURTHER INFORMATION CONTACT: 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]. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339.] SUPPLEMENTARY INFORMATION: For each collection, 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 Collections Collection Number 1 Title: Complaints under 49 CFR part 1111. OMB Control Number: 2140-0029. STB Form Number: None. Type of Review: Extension with change. Respondents: Affected shippers, railroads and communities that seek redress for alleged violations related to unreasonable rates, unreasonable practices, service issues, and other statutory claims. Number of Respondents: Approximately five.\1\ --------------------------------------------------------------------------- \1\ In this notice, the Board has updated its estimate of the number of respondents and responses based on the number of complaints filed with the Board in calendar years 2014-2016. Staff believes this more accurately reflects future filings. Accordingly, its estimate of the number of respondents and responses has changed from three, as set forth in its 60-day notice, to five. --------------------------------------------------------------------------- Estimated Time per Response: 467 hours. Frequency: On occasion. In calendar years 2014-2016, respondents filed approximately five complaints per year with the Board. Total Burden Hours (annually including all respondents): 2,335 (estimated hours per complaint (467) x total number of complaints (5)). Total ``Non-hour Burden'' Cost: $7,310 (estimated non-hour burden cost per complaint ($1,462) x total number of complaints (5)). Needs and Uses: Under the Board's regulations, persons may file complaints before the Board pursuant to 49 CFR part 1111 seeking redress for alleged violations of provisions of the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995). The required content of a complaint is outlined at 49 CFR 1111(a). In the last few years, the most significant complaints filed at the Board allege that railroads are charging unreasonable rates or that they are engaging in unreasonable practices in violation of 49 U.S.C. 10701, 10704, or 11701. The collection by the Board of these complaints, and the agency's action in conducting proceedings and ruling on the complaints, enables the Board to meet its statutory duty to regulate the rail industry. Collection Number 2 Title: Petitions for declaratory orders. OMB Control Number: 2140-0031. STB Form Number: None. Type of Review: Extension with change. Respondents: Affected shippers, railroads and communities that seek a declaratory order from the Board to terminate a controversy or remove uncertainty. Number of Respondents: Approximately 15.\2\ --------------------------------------------------------------------------- \2\ In this notice, the Board has updated its estimate of the number of respondents and responses based on the number of petitions for declaratory orders filed with the Board in calendar years 2014- 2016. Staff believes this more accurately reflects future filings. Accordingly, its estimate of the number of respondents has changed from 11, as set forth in the 60-day filing, to 15, and the number of responses has changed from 12 to 15. --------------------------------------------------------------------------- Estimated Time per Response: 183 hours. Frequency: On occasion. In calendar years 2014-2016, respondents filed approximately 15 petitions for declaratory orders per year with the Board. [[Page 13040]] Total Burden Hours (annually including all respondents): 2,745 hours (183 estimated hours per petition x total number of petitions (15)). Total ``Non-hour Burden'' Cost: $18,540 (estimated non-hour burden cost per petition ($1,236) x total number of petitions (15)). Needs and Uses: Under 5 U.S.C. 554(e) and 49 U.S.C. 1321, the Board may issue a declaratory order to terminate a controversy or remove uncertainty. Because petitions for declaratory orders cover a broad range of requests, the Board does not prescribe specific instructions for the filing of them. The collection by the Board of petitions for declaratory orders enables the Board to meet its statutory duty to regulate the rail industry. Collection Number 3 Title: Petitions for relief not otherwise provided. OMB Control Number: 2140-0030. STB Form Number: None. Type of Review: Extension with change. Respondents: Affected shippers, railroads and communities that seek to address transportation-related issues under the Board's jurisdiction that are not otherwise specifically provided for under the Board's other regulatory provisions. Number of Respondents: Approximately four.\3\ --------------------------------------------------------------------------- \3\ In this notice, the Board has updated its estimate of the number of respondents and responses based on the number of catch-all petitions filed with the Board in calendar years 2014-2016. Staff believes this more accurately reflects future filings. Accordingly, its estimate of the number of respondents and responses has changed from five, as set forth in its 60-day notice, to four. --------------------------------------------------------------------------- Estimated Time per Response: 24.5 hours. Frequency: On occasion. In calendar years 2014-2016, approximately four petitions of this type were filed with the Board. Total Burden Hours (annually including all respondents): 98 (estimated hours per petition (24.5) x total number of petitions (4)). Total ``Non-hour Burden'' Cost: $280 (estimated non-hour burden cost per petition ($70) x total number of petitions (four)). Needs and Uses: Under 49 U.S.C. 1321 and 49 CFR part 1117 (the Board's catch-all petition provision), shippers, railroads, and the public in general may seek relief (such as petitions seeking waivers of the Board's regulations) not otherwise specifically provided for under the Board's other regulatory provisions. Under section 1117.1, such petitions should contain three items: (a) A short, plain statement of jurisdiction, (b) a short, plain statement of petitioner's claim, and (c) request for relief. The collection by the Board of these petitions enables the Board to more fully meet its statutory duty to regulate the rail industry. 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. 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: March 3, 2017. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017-04555 Filed 3-7-17; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices 13039
IV. Conclusion ADDRESSES: Written comments should Estimated Time per Response: 467
It is therefore noticed, pursuant to be identified as ‘‘Paperwork Reduction hours.
Act Comments, Surface Transportation Frequency: On occasion. In calendar
Section 806(e)(1)(G) of the Payment,
Board: Information Collection years 2014–2016, respondents filed
Clearing and Settlement Supervision
Activities.’’ These comments should be approximately five complaints per year
Act,19 that the Commission DOES NOT
directed to the Office of Management with the Board.
OBJECT to Advance Notice (SR–OCC– Total Burden Hours (annually
2017–801) and that OCC is and Budget, Office of Information and
Regulatory Affairs, Attention: Chad including all respondents): 2,335
AUTHORIZED to implement the (estimated hours per complaint (467) ×
proposed change. Lallemand, Surface Transportation
Board Desk Officer, by email at OIRA_ total number of complaints (5)).
By the Commission. SUBMISSION@OMB.EOP.GOV; by fax at Total ‘‘Non-hour Burden’’ Cost:
Eduardo A. Aleman, (202) 395–6974; or by mail to Room $7,310 (estimated non-hour burden cost
Assistant Secretary. 10235, 725 17th Street NW., per complaint ($1,462) × total number of
[FR Doc. 2017–04498 Filed 3–7–17; 8:45 am] Washington, DC 20503. Please also complaints (5)).
direct a copy of comments to Chris Needs and Uses: Under the Board’s
BILLING CODE 8011–01–P
Oehrle, Surface Transportation Board, regulations, persons may file complaints
395 E Street SW., Washington, DC before the Board pursuant to 49 CFR
20423–0001, or to pra@stb.gov. part 1111 seeking redress for alleged
SURFACE TRANSPORTATION BOARD violations of provisions of the Interstate
FOR FURTHER INFORMATION CONTACT: For Commerce Act, as amended by the ICC
30-day Notice of Intent To Seek further information regarding this Termination Act of 1995, Public Law
Extension of Approval: Information collection, contact Michael Higgins, 104–88, 109 Stat. 803 (1995). The
Collection Activities (Complaints, Deputy Director, Office of Public required content of a complaint is
Petitions for Declaratory Orders, and Assistance, Governmental Affairs, and outlined at 49 CFR 1111(a). In the last
Petitions for Relief Not Otherwise Compliance at (202) 245–0284 or at few years, the most significant
Specified) Michael.Higgins@stb.gov. [Assistance complaints filed at the Board allege that
for the hearing impaired is available railroads are charging unreasonable
Surface Transportation Board.
AGENCY: through the Federal Information Relay rates or that they are engaging in
Notice and request for
ACTION: Service (FIRS) at 1–800–877–8339.] unreasonable practices in violation of 49
comments. SUPPLEMENTARY INFORMATION: For each U.S.C. 10701, 10704, or 11701. The
collection, comments are requested collection by the Board of these
SUMMARY: As part of its continuing effort
concerning: (1) The accuracy of the complaints, and the agency’s action in
to reduce paperwork burdens, and as
Board’s burden estimates; (2) ways to conducting proceedings and ruling on
required by the Paperwork Reduction
enhance the quality, utility, and clarity the complaints, enables the Board to
Act of 1995, 44 U.S.C. 3501–3521 (PRA),
of the information collected; (3) ways to meet its statutory duty to regulate the
the Surface Transportation Board (STB
minimize the burden of the collection of rail industry.
or Board) gives notice that it is
information on the respondents,
requesting from the Office of Collection Number 2
including the use of automated
Management and Budget (OMB) Title: Petitions for declaratory orders.
collection techniques or other forms of
approval of an extension of the OMB Control Number: 2140–0031.
information technology, when
information collections required for (1) STB Form Number: None.
appropriate; and (4) whether the
complaints filed under 49 U.S.C. 10701– Type of Review: Extension with
collection of information is necessary
10707, 11101–11103, 11701–11707 change.
for the proper performance of the
(rail), 14701–14707 (motor, water & Respondents: Affected shippers,
functions of the Board, including
intermediaries), and 15901–15906 railroads and communities that seek a
whether the collection has practical
(pipelines) and 49 CFR part 1111; (2) declaratory order from the Board to
utility. Submitted comments will be
petitions for declaratory orders under 5 terminate a controversy or remove
summarized and included in the
U.S.C. 554(e) and 49 U.S.C. 1321; and uncertainty.
Board’s request for OMB approval.
(3) catch-all petitions (for relief not Number of Respondents:
otherwise specified) under 49 U.S.C. Description of Collections Approximately 15.2
1321 and 49 CFR part 1117. Under these Estimated Time per Response: 183
Collection Number 1
statutory and regulatory sections, the hours.
Board provides procedures for persons Title: Complaints under 49 CFR part Frequency: On occasion. In calendar
to make a broad range of claims and to 1111. years 2014–2016, respondents filed
seek a broad range of remedies before OMB Control Number: 2140–0029. approximately 15 petitions for
the Board. The information collections STB Form Number: None. declaratory orders per year with the
relevant to these complaints and Type of Review: Extension with Board.
petitions are described separately change.
below. The Board previously published Respondents: Affected shippers, in calendar years 2014–2016. Staff believes this
railroads and communities that seek more accurately reflects future filings. Accordingly,
a notice about this collection in the its estimate of the number of respondents and
Federal Register. 81 FR 86061 (Nov. 29, redress for alleged violations related to responses has changed from three, as set forth in its
2016). That notice allowed for a 60-day unreasonable rates, unreasonable 60-day notice, to five.
mstockstill on DSK3G9T082PROD with NOTICES
public review and comment period. No practices, service issues, and other 2 In this notice, the Board has updated its estimate
comments were received. statutory claims. of the number of respondents and responses based
Number of Respondents: on the number of petitions for declaratory orders
DATES: Comments on this information filed with the Board in calendar years 2014–2016.
collection should be submitted by April Approximately five.1 Staff believes this more accurately reflects future
7, 2017. filings. Accordingly, its estimate of the number of
1 In this notice, the Board has updated its estimate respondents has changed from 11, as set forth in the
of the number of respondents and responses based 60-day filing, to 15, and the number of responses
19 12 U.S.C. 5465(e)(1)(G). on the number of complaints filed with the Board has changed from 12 to 15.
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![13040 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
Total Burden Hours (annually A short, plain statement of jurisdiction, and safety considerations that should be
including all respondents): 2,745 hours (b) a short, plain statement of investigated by the Board. In particular,
(183 estimated hours per petition × total petitioner’s claim, and (c) request for SMART/TD claims that DCR, a company
number of petitions (15)). relief. The collection by the Board of with fewer resources than NSR, cannot
Total ‘‘Non-hour Burden’’ Cost: these petitions enables the Board to adequately maintain the Line’s rails and
$18,540 (estimated non-hour burden more fully meet its statutory duty to bridges as they have been maintained by
cost per petition ($1,236) × total number regulate the rail industry. NSR. SMART/TD notes that the Line
of petitions (15)). Under the PRA, a Federal agency crosses three bridges, two of those
Needs and Uses: Under 5 U.S.C. conducting or sponsoring a collection of bridges are 100 years old and the
554(e) and 49 U.S.C. 1321, the Board information must display a currently remaining bridge is 60 years old. It notes
may issue a declaratory order to valid OMB control number. A collection that one of the bridges was recently out
terminate a controversy or remove of information, which is defined in 44 of service for 30 days and questions
uncertainty. Because petitions for U.S.C. 3502(3) and 5 CFR 1320.3(c), whether DCR could have restored the
declaratory orders cover a broad range includes agency requirements that bridge in the same expeditious manner
of requests, the Board does not prescribe persons submit reports, keep records, or as NSR, given DCR’s ‘‘limited finances.’’
specific instructions for the filing of provide information to the agency, third It further asserts that the Line is
them. The collection by the Board of parties, or the public. Section 3507(b) of deteriorating and maintenance will
petitions for declaratory orders enables the PRA requires, concurrent with an become increasingly expensive.
the Board to meet its statutory duty to agency’s submitting a collection to OMB SMART/TD also claims that there are no
regulate the rail industry. for approval, a 30-day notice and insurance minimums in place for
comment period through publication in smaller carriers and that it fears that
Collection Number 3 the Federal Register concerning each local taxpayers might be forced to carry
Title: Petitions for relief not otherwise proposed collection of information, the burden in case of a disaster.
provided. including each proposed extension of an SMART/TD also asserts that the lease
OMB Control Number: 2140–0030. existing collection of information. will result in replacing a ‘‘qualified,
STB Form Number: None. Dated: March 3, 2017. experienced, and knowledgeable’’ labor
Type of Review: Extension with Jeffrey Herzig, force with ‘‘untrained and unfamiliar’’
change. employees, which, according to
Clearance Clerk.
Respondents: Affected shippers, SMART/TD, raises safety concerns.
[FR Doc. 2017–04555 Filed 3–7–17; 8:45 am]
railroads and communities that seek to According to SMART/TD, these
BILLING CODE 4915–01–P
address transportation-related issues concerns implicate the national rail
under the Board’s jurisdiction that are transportation policy (RTP) goal of
not otherwise specifically provided for ‘‘operat[ing] transportation facilities and
SURFACE TRANSPORTATION BOARD
under the Board’s other regulatory equipment without detriment to the
provisions. [Docket No. FD 36071] public health and safety.’’ 49 U.S.C.
Number of Respondents: 10101(8). Moreover, citing the RTP
Approximately four.3 Delmarva Central Railroad Company— policy goal of ‘‘encourag[ing] fair wages
Estimated Time per Response: 24.5 Lease and Operation Exemption With and safe and suitable working
hours. Interchange Commitment—Norfolk conditions in the railroad industry,’’ 49
Frequency: On occasion. In calendar Southern Railway Company U.S.C. 10101(11), SMART/TD asserts
years 2014–2016, approximately four On November 17, 2016, Delmarva that DCR will employ ‘‘an inferior,
petitions of this type were filed with the Central Railroad Company (DCR), at that unqualified labor force that is willing to
Board. time a noncarrier, filed a verified notice accept less money because they are less
Total Burden Hours (annually of exemption under 49 CFR 1150.31 to qualified,’’ and that DCR’s employees’
including all respondents): 98 lease and operate approximately 161.59 wages and benefits will be inferior to
(estimated hours per petition (24.5) × miles of rail line (the Line) owned by those of Class I railroad employees.
total number of petitions (4)). Norfolk Southern Railway Company DCR filed a reply on December 27,
Total ‘‘Non-hour Burden’’ Cost: $280 (NSR). Notice of the exemption was 2016. In response to SMART/TD’s
(estimated non-hour burden cost per served and published in the Federal suggestion that DCR cannot safely
petition ($70) × total number of Register on December 2, 2016 (81 FR operate the Line, DCR notes that it is
petitions (four)). 87,122).1 under the control of Carload, a
Needs and Uses: Under 49 U.S.C. On December 14, 2016, SMART/TD noncarrier holding company that owns
1321 and 49 CFR part 1117 (the Board’s Delaware State Legislative Board and operates other Class III carriers. See,
catch-all petition provision), shippers, (SMART/TD) petitioned the Board to e.g., Carload Express, Inc.—
railroads, and the public in general may revoke the lease and operation Continuance in Control Exemption—
seek relief (such as petitions seeking exemption.2 SMART/TD asserts that the Ohio Terminal Ry., FD 35704 (STB
waivers of the Board’s regulations) not DCR’s lease and operation has economic served Jan. 11, 2013). As such, DCR
otherwise specifically provided for states that its owners, managers, and
under the Board’s other regulatory 1 DCR’s parent, Carload Express, Inc. (Carload), personnel are already familiar with the
provisions. Under section 1117.1, such filed a verified notice of exemption to continue in safety regulations administered by the
control of DCR upon DCR’s becoming a Class III Federal Railroad Administration (FRA).
petitions should contain three items: (a) carrier. See Carload Express, Inc.—Continuance in
DCR states that it will operate the Line
mstockstill on DSK3G9T082PROD with NOTICES
Control Exemption—Delmarva Cent. R.R., Docket
3 In this notice, the Board has updated its estimate No. FD 36072. Notice of that exemption was also in accordance with FRA regulations.
of the number of respondents and responses based served and published in the Federal Register on DCR further explains that the
on the number of catch-all petitions filed with the December 2, 2016. (81 FR 87,123). concerns about bridge maintenance are
Board in calendar years 2014–2016. Staff believes 2 No stay was sought or imposed. Because the
unwarranted. DCR states that NSR has
this more accurately reflects future filings. effective date was not stayed, the exemption
Accordingly, its estimate of the number of became effective on December 17, 2016. DCR later
maintained the bridges in full
respondents and responses has changed from five, notified the Board that it has since consummated compliance with FRA standards and
as set forth in its 60-day notice, to four. the transaction. safe operating practices. DCR notes that,
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Document Created: 2017-03-08 05:06:43
Document Modified: 2017-03-08 05:06:43
| 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 April 7, 2017. | |
| Contact | 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] [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339.] | |
| FR Citation | 82 FR 13039 |
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