82 FR 38985 - 30-Day Notice of Intent To Seek Extension of Approval: Demurrage Liability Disclosure Requirements

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range		38985-38986
FR Document		2017-17340

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 Demurrage Liability Disclosure Requirements. The Board previously published a notice about this collection in the Federal Register. 60-Day Notice of Intent to Seek Extension of Approval: Demurrage Liability Disclosure Requirements, 82 FR 16,872 (Apr. 6, 2017). That notice allowed for a 60-day public review and comment period. No comments were received.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38985-38986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17340]


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SURFACE TRANSPORTATION BOARD


30-Day Notice of Intent To Seek Extension of Approval: Demurrage 
Liability Disclosure Requirements

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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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 Demurrage Liability Disclosure Requirements. The 
Board previously published a notice about this collection in the 
Federal Register. 60-Day Notice of Intent to Seek Extension of 
Approval: Demurrage Liability Disclosure Requirements, 82 FR 16,872 
(Apr. 6, 2017). 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 
September 15, 2017.

ADDRESSES: Written comments should be identified as ``Paperwork 
Reduction Act Comments, Surface Transportation Board: Demurrage 
Liability Disclosure Requirements.'' 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 comments to Chris Oehrle, PRA 
Officer, 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: 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

[[Page 38986]]

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: Demurrage Liability Disclosure Requirements.
    OMB Control Number: 2140-0021.
    STB Form Number: None.
    Type of Review: Extension with change (relating to the change in 
burden hours based on the estimated decrease in (a) the number of 
respondents from 650 to 575 and (b) the time per response from eight 
hours to one hour, due to fact that the unique burdens associated with 
the initiation of the collection no longer exist).
    Respondents: Freight railroads subject to the Board's jurisdiction.
    Number of Respondents: 575 (including seven Class I [i.e., large] 
railroads).
    Estimated Time per Response: One hour.
    Frequency: Occasionally. The notice requirement is triggered in two 
circumstances: (1) When a shipper initially arranges with a railroad 
for transportation of goods pursuant to the railroad's tariff; or (2) 
when a railroad changes the terms of its demurrage tariff.
    Total Burden Hours (annually including all respondents): 864.6 
hours. Board staff estimates that: (1) Seven Class I railroads will 
each take on 15 new customers each year (105 hours); (2) each of the 
seven Class I railroads will update its demurrage tariffs every three 
years (2.3 hours annualized); (3) 568 non-Class I railroads will each 
take on one new customer a year (568 hours); and (4) each non-Class I 
railroad will update its demurrage tariffs every three years (189.3 
hours annualized).
    Total ``Non-hour Burden'' Cost: No non-hourly cost burdens 
associated with this collection have been identified. The notice may be 
provided electronically.
    Needs and Uses: Demurrage is a charge that railroads assess their 
customers for detaining rail cars beyond a specified amount of time. It 
both compensates railroads for expenses incurred for that rail car, and 
serves as a penalty for undue car detention to promote efficiency. 
Demurrage is subject to the Board's jurisdiction under 49 U.S.C. 10702 
and 10746, which require railroads to compute demurrage charges and to 
establish demurrage-related rules.
    A railroad and its customers may enter into demurrage contracts 
without providing notice, but, in the absence of such contracts, 
demurrage will be governed by the railroad's demurrage tariff. Under 49 
CFR 1333.3, a railroad's ability to charge demurrage pursuant to its 
tariff is conditional on its having given, prior to rail car placement, 
actual notice of the demurrage tariff to the person receiving rail cars 
for loading and unloading. Once a shipper receives a notice as to a 
particular tariff, additional notices are only required when the tariff 
changes materially. The parties use the information in these disclosure 
requirements to avoid demurrage disputes, and the Board uses the 
information to resolve demurrage disputes that come before the agency.
    Under the PRA, a federal agency that conducts or sponsors a 
collection of information must display a currently valid OMB control 
number. A collection of information, which is defined in 44 U.S.C. 
3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons 
submit reports, keep records, or provide information to the agency, 
third parties, or the public. Section 3507(b) of the PRA requires, 
concurrent with an agency's submitting a collection to OMB for 
approval, a 30-day notice and comment period through publication in the 
Federal Register concerning each proposed collection of information.

    Dated: August 11, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-17340 Filed 8-15-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38985

of these Determinations be published in the subject line, which physically SURFACE TRANSPORTATION BOARD
the Federal Register. connects with the line that CCR
currently leases from W&LE, will not 30-Day Notice of Intent To Seek
Alyson Grunder,
affect the existing CCR and W&LE Extension of Approval: Demurrage
Deputy Assistant Secretary for Policy, Bureau Liability Disclosure Requirements
of Educational and Cultural Affairs, relationship.2 As required under 49 CFR
Department of State. 1150.43(h)(1), CCR has disclosed in its Surface Transportation Board.
AGENCY:
[FR Doc. 2017–17327 Filed 8–15–17; 8:45 am] verified notice that the Original Notice and request for
ACTION:
BILLING CODE 4710–05–P Agreement, as modified by the 1st comments.
Agreement Amendment, affects the
interchange points with NSR at a track SUMMARY: As part of its continuing effort
SURFACE TRANSPORTATION BOARD in the vicinity of Von Willer Yard in to reduce paperwork burdens, and as
Cleveland and with W&LE at Falls required by the Paperwork Reduction
[Docket No. FD 36133] Junction in Glenwillow, Ohio. CCR has Act of 1995, the Surface Transportation
provided additional information Board (STB or Board) gives notice that
Cleveland Commercial Railroad
regarding the interchange commitment it is requesting from the Office of
Company, LLC—Amended Lease and
as required by 1150.43(h). Management and Budget (OMB) an
Operation Exemption Containing
extension of approval for the collection
Interchange Commitment—Norfolk CCR also certifies that its projected
of Demurrage Liability Disclosure
Southern Railway Company annual revenues as a result of the Requirements. The Board previously
Cleveland Commercial Railroad transaction will not result in CCR’s published a notice about this collection
Company, LLC (CCR), a Class III rail becoming a Class II or Class I rail carrier in the Federal Register. 60-Day Notice
carrier, has filed a verified notice of and further certifies that its projected of Intent to Seek Extension of Approval:
exemption under 49 CFR 1150.41 to annual revenues will not exceed $5 Demurrage Liability Disclosure
continue to lease and operate million. Requirements, 82 FR 16,872 (Apr. 6,
approximately 25.3 miles of rail line The transaction may be consummated 2017). That notice allowed for a 60-day
from Norfolk Southern Railway on or after August 30, 2017, the effective public review and comment period. No
Company (NSR) between milepost RH date of the exemption (30 days after the comments were received.
2.2+/¥ at Cleveland, Ohio, and exemption was filed). DATES: Comments on this information
milepost RH 27.5+/¥ at Aurora, Ohio. collection should be submitted by
According to CCR, it first entered into If the verified notice contains false or
misleading information, the exemption September 15, 2017.
a lease agreement (Original Agreement)
is void ab initio. Petitions to revoke the ADDRESSES: Written comments should
with NSR on May 13, 2009. See
exemption under 49 U.S.C. 10502(d) be identified as ‘‘Paperwork Reduction
Cleveland Commercial R.R.—Lease and
may be filed at any time. The filing of Act Comments, Surface Transportation
Operation Exemption—Norfolk S. Ry.,
a petition to revoke will not Board: Demurrage Liability Disclosure
FD 35251 (STB served May 29, 2009).
automatically stay the effectiveness of Requirements.’’ These comments should
On September 15, 2016, CCR and NSR
the exemption. Petitions for stay must be directed to the Office of Management
agreed to amend the Original Agreement
and Budget, Office of Information and
(1st Agreement Amendment) to extend be filed no later than August 23, 2017
Regulatory Affairs, Attention: Chad
the agreement’s termination date an (at least 7 days before the exemption
Lallemand, Surface Transportation
additional six years, through December becomes effective).
Board Desk Officer, by email at oira_
31, 2025, and to make other changes.1 An original and ten copies of all submission@omb.eop.gov, by fax at
CCR states that the 1st Agreement pleadings, referring to Docket No. FD (202) 395–6974; or by mail to Room
Amendment will take effect on the 36133, must be filed with the Surface 10235, 725 17th Street NW.,
effective date of this notice of Transportation Board, 395 E Street SW., Washington, DC 20503. Please also
exemption.
Washington, DC 20423–0001. In direct comments to Chris Oehrle, PRA
CCR states that the 1st Agreement
addition, a copy of each pleading must Officer, Surface Transportation Board,
Amendment contains an interchange
be served on John D. Heffner, 395 E Street SW., Washington, DC
commitment in the form of lease credits.
Strasburger & Price, LLP, 1025 20423–0001, or to pra@stb.gov.
According to CCR, these credits were
part of the Original Agreement, which Connecticut Ave. NW., Suite 717, FOR FURTHER INFORMATION CONTACT: For
CCR sought in negotiations to afford it Washington, DC 20036. further information regarding this
greater financial flexibility to, among Board decisions and notices are collection, contact Michael Higgins,
other things, improve the line’s available on our Web site at Deputy Director, Office of Public
infrastructure. CCR states that the lease WWW.STB.GOV. Assistance, Governmental Affairs, and
agreement does not prohibit it from Compliance at (202) 245–0284 or at
Decided: August 11, 2017. michael.higgins@stb.gov. [Assistance for
interchanging with other carriers and it
does not set forth terms under which By the Board, Rachel D. Campbell, the hearing impaired is available
CCR may interchange traffic with third Director, Office of Proceedings. through the Federal Information Relay
parties. CCR states that it regularly Marline Simeon, Service (FIRS) at 1–800–877–8339.]
asabaliauskas on DSKBBXCHB2PROD with NOTICES

interchanges traffic with Wheeling & Clearance Clerk. SUPPLEMENTARY INFORMATION: Comments
Lake Erie Railway Company (W&LE) [FR Doc. 2017–17335 Filed 8–15–17; 8:45 am] are requested concerning: (1) The
and that CCR’s lease and operation of BILLING CODE 4915–01–P
accuracy of the Board’s burden
estimates; (2) ways to enhance the
1 CCR filed a confidential, complete version of the quality, utility, and clarity of the
1st Agreement Amendment with its notice of information collected; (3) ways to
exemption to be kept confidential by the Board
under 49 CFR 1104.14(a) without the need for the 2 See Cleveland Commercial R.R.—Change in minimize the burden of the collection of
filing of an accompanying motion for protective Operators Exemption—Wheeling & Lake Erie Ry., information on the respondents,
order under 49 CFR 1104.14(b). FD 34521 (STB served Aug. 6, 2004). including the use of automated

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Document Created: 2017-08-16 10:27:25
Document Modified: 2017-08-16 10:27:25

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 15, 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 38985