82_FR_13085 82 FR 13041 - 60-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities (Report of Fuel Cost, Consumption, and Surcharge Revenue)

82 FR 13041 - 60-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities (Report of Fuel Cost, Consumption, and Surcharge Revenue)

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range13041-13042
FR Document2017-04556

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval for the collection of the Report of Fuel Cost, Consumption, and Surcharge Revenue.

Federal Register, Volume 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13041-13042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04556]


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SURFACE TRANSPORTATION BOARD


60-Day Notice of Intent To Seek Extension of Approval: 
Information Collection Activities (Report of Fuel Cost, Consumption, 
and Surcharge Revenue)

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, the Surface 
Transportation Board (STB or Board) gives notice that it is requesting 
from the Office of Management and Budget (OMB) an extension of approval 
for the collection of the Report of Fuel Cost, Consumption, and 
Surcharge Revenue.

DATES: Comments on this information collection should be submitted by 
May 8, 2017.

ADDRESSES: 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, Report of Fuel Cost, Consumption, and Surcharge 
Revenue.''

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 Collection

    Title: Report of Fuel Cost, Consumption, and Surcharge Revenue.
    OMB Control Number: 2140-0014.
    STB Form Number: None.

[[Page 13042]]

    Type of Review: Extension without change.
    Respondents: Class I railroads (railroads with operating revenues 
exceeding $457,913,998 million).
    Number of Respondents: Seven.
    Estimated Time per Response: One hour.
    Frequency: Quarterly.
    Total Burden Hours (annually including all respondents): 28.
    Total ``Non-hour Burden'' Cost: None identified.
    Needs and Uses: Under 49 U.S.C. 10702, the Board has the authority 
to address the reasonableness of a rail carrier's practices. This 
information collection permits the Board to monitor the current fuel 
surcharge practices of the Class I carriers. Failure to collect this 
information would impede the Board's ability to fulfill its statutory 
responsibilities. The Board has authority to collect information about 
rail costs and revenues under 49 U.S.C. 11144 and 11145.
    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.

    Dated: March 3, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-04556 Filed 3-7-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                             13041

                                                  although one of the bridges was closed                     The Board takes safety concerns                    SURFACE TRANSPORTATION BOARD
                                                  for 30 days, this was for routine                       seriously; however, SMART/TD’s
                                                  maintenance and resulted from                           concerns here are vague and speculative               60-Day Notice of Intent To Seek
                                                  construction delays caused by weather                   and do not arise from any demonstrated                Extension of Approval: Information
                                                  conditions. DCR adds that it has                        shortcomings specific to DCR. DCR has                 Collection Activities (Report of Fuel
                                                  inspected the bridges and has the                       expressed a commitment to abide by                    Cost, Consumption, and Surcharge
                                                  knowledge and resources to maintain                     FRA regulations, and its parent,                      Revenue)
                                                  them.                                                   Carload, is familiar with FRA’s                             Surface Transportation Board.
                                                                                                                                                                AGENCY:
                                                     As to concerns about wages and                       requirements. As to maintenance, DCR
                                                  benefits, DCR asserts that it offers some                                                                           Notice and request for
                                                                                                                                                                ACTION:
                                                                                                          states that it has already inspected the
                                                  of the best wages and benefits of any                                                                         comments.
                                                                                                          bridges and has explained the one
                                                  employer on the Delmarva Peninsula.                     extended bridge closure cited by                      SUMMARY:   As part of its continuing effort
                                                  DCR notes that it received more                         SMART/TD. Furthermore, NSR’s                          to reduce paperwork burdens, and as
                                                  applications for employment than there                  contract with DCR obligates DCR to                    required by the Paperwork Reduction
                                                  are available positions. It adds that it                comply with FRA standards of                          Act of 1995, the Surface Transportation
                                                  requires all its employees to abide by all              operation, to maintain the tracks at                  Board (STB or Board) gives notice that
                                                  applicable safety rules and offers                      standards specified by NSR, and to carry              it is requesting from the Office of
                                                  suitable working conditions.                            certain insurance policies covering                   Management and Budget (OMB) an
                                                  Discussion and Conclusions                              incidents that might occur while                      extension of approval for the collection
                                                                                                          operating the Line.                                   of the Report of Fuel Cost,
                                                     Because DCR’s lease and operation                       SMART/TD’s concern about DCR’s                     Consumption, and Surcharge Revenue.
                                                  exemption has gone into effect, SMART/                  having fewer resources than NSR, the                  DATES: Comments on this information
                                                  TD’s request will be treated as a petition              Line’s Class I owner, also does not                   collection should be submitted by May
                                                  to reopen and revoke the exemption                      warrant revocation. Class I carriers                  8, 2017.
                                                  under 49 U.S.C. 10502(d).3 Under 49                     routinely spin-off lines to newly formed              ADDRESSES: Direct all comments to
                                                  U.S.C. 10502(d), an exemption may be                    Class III carriers, and SMART/TD has
                                                  revoked, in whole or in part, if the                                                                          Chris Oehrle, PRA Officer, Surface
                                                                                                          not demonstrated that DCR will be any                 Transportation Board, 395 E Street SW.,
                                                  Board finds that regulation of the                      less prepared to assume the
                                                  transaction is necessary to carry out the                                                                     Washington, DC 20423–0001, or to
                                                                                                          responsibility to maintain and operate                pra@stb.gov. When submitting
                                                  RTP of 49 U.S.C. 10101. Under 49 CFR                    the Line that any other new Class III
                                                  1115.3(b), the petition must state in                                                                         comments, please refer to ‘‘Paperwork
                                                                                                          carrier would be. Moreover, as DCR                    Reduction Act Comments, Report of
                                                  detail whether revocation is supported                  notes, its parent company, Carload, is an
                                                  by material error, new evidence, or                                                                           Fuel Cost, Consumption, and Surcharge
                                                                                                          experienced shortline operator. DCR                   Revenue.’’
                                                  substantially changed circumstances.                    explains that Carload’s railroads ‘‘have
                                                  See N.Y. Cent. Lines—Aban.                                                                                    FOR FURTHER INFORMATION CONTACT: For
                                                                                                          strong safety records and there have
                                                  Exemption—in Montgomery &                                                                                     further information regarding this
                                                                                                          been no FRA or STB reported
                                                  Schenectady Ctys., N.Y., AB 565 (Sub-                                                                         collection, contact Michael Higgins,
                                                                                                          allegations that its shortline employees
                                                  No. 14X) (STB served Jan. 22, 2004).                                                                          Deputy Director, Office of Public
                                                                                                          have been treated unfairly or required to
                                                  The party seeking revocation has the                                                                          Assistance, Governmental Affairs, and
                                                                                                          operate in unsafe conditions;’’ SMART/
                                                  burden of showing that regulation is                                                                          Compliance at (202) 245–0284 or at
                                                                                                          TD has offered no evidence to the
                                                  necessary to carry out the RTP, 49 CFR                                                                        Michael.Higgins@stb.gov. Assistance for
                                                                                                          contrary. SMART/TD has also failed to
                                                  1121.4(f), and petitions to revoke must                                                                       the hearing impaired is available
                                                                                                          show that the labor impact here is
                                                  be based on reasonable, specific                                                                              through the Federal Information Relay
                                                                                                          different from, or greater than, the
                                                  concerns demonstrating that revocation                                                                        Service (FIRS) at 1–800–877–8339.
                                                                                                          impacts typically associated with the
                                                  of the exemption is warranted and more                  acquisition of a rail line by any new                 SUPPLEMENTARY INFORMATION: For each
                                                  detailed scrutiny of the transaction is                 carrier.                                              collection, comments are requested
                                                  necessary. See Consol. Rail Corp.—                         For the foregoing reasons, SMART/TD                concerning: (1) The accuracy of the
                                                  Trackage Rights Exemption—Mo. Pac.                      has not shown that reopening and                      Board’s burden estimates; (2) ways to
                                                  R.R., FD 32662 (STB served June 18,                     revocation are supported by material                  enhance the quality, utility, and clarity
                                                  1998).                                                  error, new evidence, or substantially                 of the information collected; (3) ways to
                                                     Here, SMART/TD fails to establish                    changed circumstances, or that applying               minimize the burden of the collection of
                                                  that revocation of the exemption is                     the Board’s regulation to the transaction             information on the respondents,
                                                  necessary to carry out the RTP.                         is necessary to carry out the RTP.                    including the use of automated
                                                  Although SMART/TD has cited the RTP                     Accordingly, the Board finds no basis to              collection techniques or other forms of
                                                  goals of operating without detriment to                 revoke DCR’s exemption or begin a                     information technology, when
                                                  the public health and safety (49 U.S.C.                 revocation proceeding.                                appropriate; and (4) whether the
                                                  10101(8)) and encouraging fair wages                       It is ordered:                                     collection of information is necessary
                                                  and suitable working conditions (49                        1. SMART/TD’s petition to revoke                   for the proper performance of the
                                                  U.S.C. 10101(11)), it has not shown that                DCR’s exemption is denied.                            functions of the Board, including
                                                  regulation is necessary to carry out these                 2. This decision is effective on its date          whether the collection has practical
                                                  goals.                                                  of service.                                           utility. Submitted comments will be
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            Decided: March 1, 2017.                             summarized and included in the
                                                    3 See e.g., BNSF Ry.—Trackage Rights
                                                                                                            By the Board, Board Members Begeman,
                                                                                                                                                                Board’s request for OMB approval.
                                                  Exemption—Union Pac. R.R., FD 35601, slip op. at
                                                  3–4 (STB served Sept. 11, 2013); Watco Holdings,
                                                                                                          Elliott, and Miller.                                  Description of Collection
                                                  Inc.—Acquis. of Control Exemption—Wis. & S. R.R.,       Raina S. Contee,
                                                  FD 35573, slip op. at 1–2 (STB served Mar. 22,
                                                                                                                                                                  Title: Report of Fuel Cost,
                                                                                                          Clearance Clerk.                                      Consumption, and Surcharge Revenue.
                                                  2012); Elk River R.R.—Constr. & Operation
                                                  Exemption—Clay & Kanawha Ctys., W.Va., FD               [FR Doc. 2017–04472 Filed 3–7–17; 8:45 am]              OMB Control Number: 2140–0014.
                                                  31989, slip op. at 1 n.3 (STB served Apr. 11, 1997).    BILLING CODE 4915–01–P                                  STB Form Number: None.


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                                                  13042                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                     Type of Review: Extension without                    individuals from its prohibition in the                  As stated in the previous notice,
                                                  change.                                                 Federal Motor Carrier Safety                          FMCSA has evaluated the eligibility of
                                                     Respondents: Class I railroads                       Regulations (FMCSRs) against persons                  these applicants and determined that
                                                  (railroads with operating revenues                      with insulin-treated diabetes mellitus                renewing these exemptions would
                                                  exceeding $457,913,998 million).                        (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                                     Number of Respondents: Seven.                        motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                     Estimated Time per Response: One                     commerce. The exemptions enable these                 achieved by complying with the current
                                                  hour.                                                   individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                                     Frequency: Quarterly.                                operate CMVs in interstate commerce.                     The physical qualification standard
                                                     Total Burden Hours (annually                                                                               for drivers regarding diabetes found in
                                                                                                          DATES: Each group of renewed
                                                  including all respondents): 28.                                                                               49 CFR 391.41(b)(3) states that a person
                                                     Total ‘‘Non-hour Burden’’ Cost: None                 exemptions was effective on the dates
                                                                                                          stated in the discussions below and will              is physically qualified to drive a CMV
                                                  identified.
                                                     Needs and Uses: Under 49 U.S.C.                      expire on the dates stated in the                     if that person has no established
                                                  10702, the Board has the authority to                   discussions below.                                    medical history or clinical diagnosis of
                                                  address the reasonableness of a rail                    FOR FURTHER INFORMATION CONTACT: Ms.                  diabetes mellitus currently requiring
                                                  carrier’s practices. This information                   Christine A. Hydock, Chief, Medical                   insulin for control.
                                                  collection permits the Board to monitor                 Programs Division, 202–366–4001,                      III. Discussion of Comments
                                                  the current fuel surcharge practices of                 fmcsamedical@dot.gov, FMCSA,
                                                                                                          Department of Transportation, 1200                      FMCSA received no comments in this
                                                  the Class I carriers. Failure to collect
                                                                                                          New Jersey Avenue SE., Room W64–                      preceding.
                                                  this information would impede the
                                                  Board’s ability to fulfill its statutory                224, Washington, DC 20590–0001.                       IV. Conclusion
                                                  responsibilities. The Board has                         Office hours are from 8 a.m. to 5:30
                                                                                                                                                                  Based upon its evaluation of the 47
                                                  authority to collect information about                  p.m., e.t., Monday through Friday,
                                                                                                                                                                renewal exemption applications and
                                                  rail costs and revenues under 49 U.S.C.                 except Federal holidays. If you have
                                                                                                                                                                that no comments were received,
                                                  11144 and 11145.                                        questions regarding viewing or
                                                                                                                                                                FMCSA confirms its’ decision to exempt
                                                     Under the PRA, a federal agency that                 submitting material to the docket,
                                                                                                                                                                the following drivers from the rule
                                                  conducts or sponsors a collection of                    contact Docket Services, telephone (202)
                                                                                                                                                                prohibiting drivers with ITDM from
                                                  information must display a currently                    366–9826.
                                                                                                                                                                driving CMVs in interstate commerce in
                                                  valid OMB control number. A collection                  SUPPLEMENTARY INFORMATION:                            49 CFR 391.41(b)(3):
                                                  of information, which is defined in 44                                                                          As of April 1, 2016, and in accordance
                                                  U.S.C. 3502(3) and 5 CFR 1320.3(c),                     I. Electronic Access
                                                                                                                                                                with 49 U.S.C. 31136(e) and 31315, the
                                                  includes agency requirements that                          You may see all the comments online                following 24 individuals have satisfied
                                                  persons submit reports, keep records, or                through the Federal Document                          the renewal conditions for obtaining an
                                                  provide information to the agency, third                Management System (FDMS) at: http://                  exemption from the rule prohibiting
                                                  parties, or the public. Under 44 U.S.C.                 www.regulations.gov.                                  drivers with ITDM from driving CMVs
                                                  3506(c)(2)(A), federal agencies are                        Docket: For access to the docket to                in interstate commerce (79 FR 6987; 79
                                                  required to provide, prior to an agency’s               read background documents or                          FR 18388):
                                                  submitting a collection to OMB for                      comments, go to http://
                                                  approval, a 60-day notice and comment                   www.regulations.gov and/or Room                       Dana A. Albert (NY)
                                                  period through publication in the                       W12–140 on the ground level of the                    John R. Benshoff (OH)
                                                  Federal Register concerning each                        West Building, 1200 New Jersey Avenue                 George A. Blanda (NY)
                                                  proposed collection of information,                     SE., Washington, DC, between 9 a.m.                   Terrence K. Cannon (IL)
                                                  including each proposed extension of an                 and 5 p.m., e.t., Monday through Friday,              Trisha J. Davis (ME)
                                                  existing collection of information.                     except Federal holidays.                              Paul D. Ferris (NY)
                                                                                                             Privacy Act: In accordance with 5                  Larry Gaskill (RI)
                                                    Dated: March 3, 2017.                                                                                       Thomas H. Gaskins (NC)
                                                  Jeffrey Herzig,
                                                                                                          U.S.C. 553(c), DOT solicits comments
                                                                                                          from the public to better inform its                  Gary A. Grant (WA)
                                                  Clearance Clerk.                                                                                              Brian C. Halcomb (IL)
                                                                                                          rulemaking process. DOT posts these
                                                  [FR Doc. 2017–04556 Filed 3–7–17; 8:45 am]
                                                                                                          comments, without edit, including any                 Gerald Lee (CA)
                                                  BILLING CODE 4915–01–P                                  personal information the commenter                    Timothy R. Lewis (OR)
                                                                                                          provides, to http://www.regulations.gov,              Gregory J. Littlefield (MN)
                                                                                                          as described in the system of records                 Glen H. Miller (MI)
                                                  DEPARTMENT OF TRANSPORTATION                            notice (DOT/ALL–14 FDMS), which can                   Ryan M. Ottis (ND)
                                                                                                          be reviewed at http://www.dot.gov/                    Steven M. Parsons (WV)
                                                  Federal Motor Carrier Safety                            privacy.                                              William L. Reece (ND)
                                                  Administration                                                                                                Jay R. Rude (AZ)
                                                                                                          II. Background                                        Denise D. Ruffin (MS)
                                                  [Docket No. FMCSA–2011–0382; FMCSA–
                                                  2011–0383; FMCSA–2013–0194; FMCSA–                        On November 25, 2016, FMCSA                         Ryan E. Stretch (MO)
                                                  2014–0012; FMCSA–2014–0013]                             published a notice announcing its                     William F. Sullivan, IV (NY)
                                                                                                          decision to renew exemptions for 47                   John R. Thompson (WI)
                                                  Qualification of Drivers; Exemption                     individuals from the insulin-treated                  Everette L. Twyman (MO)
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                                                  Applications; Diabetes                                  diabetes mellitus prohibition in 49 CFR               John F. Whitesides (NC)
                                                  AGENCY: Federal Motor Carrier Safety                    391.41(b)(3) to operate a CMV in                        The drivers were included in Docket
                                                  Administration (FMCSA), DOT.                            interstate commerce and requested                     No. FMCSA–2013–0194. Their
                                                  ACTION: Notice of final disposition.                    comments from the public (81 FR                       exemptions are effective as of April 1,
                                                                                                          85317). The public comment period                     2016, and will expire on April 1, 2018.
                                                  SUMMARY:  FMCSA announces its                           ended on December 27, 2016, and no                      As of April 6, 2016, and in accordance
                                                  decision to renew exemptions of 47                      comments were received.                               with 49 U.S.C. 31136(e) and 31315, the


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Document Created: 2017-03-08 05:06:46
Document Modified: 2017-03-08 05:06:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments on this information collection should be submitted by May 8, 2017.
ContactFor 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 Citation82 FR 13041 

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