82_FR_39143 82 FR 38986 - 60-Day Notice of Intent To Seek Extension of Approval: Applications for Land-Use-Exemption Permits

82 FR 38986 - 60-Day Notice of Intent To Seek Extension of Approval: Applications for Land-Use-Exemption Permits

SURFACE TRANSPORTATION BOARD

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

Page Range38986-38987
FR Document2017-17306

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 Applications for Land-Use-Exemption Permits (for Solid Waste Rail Transfer Facilities).

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38986-38987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17306]


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SURFACE TRANSPORTATION BOARD


60-Day Notice of Intent To Seek Extension of Approval: 
Applications for Land-Use-Exemption Permits

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 Applications for Land-Use-Exemption Permits (for 
Solid Waste Rail Transfer Facilities).

DATES: Comments on this information collection should be submitted by 
October 13, 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: Applications for Land-Use-Exemption Permits.''

FOR FURTHER INFORMATION CONTACT: For further information regarding 
Land-Use-Exemption Permits, contact [email protected], or submit your 
question at https://www.stb.gov/Ect1/ecorrespondence.nsf/incoming?OpenForm. [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: Applications for Land-Use-Exemption Permits.
    OMB Control Number: 2140-0018.
    STB Form Number: None.
    Type of Review: Extension without change.
    Respondents: Any applicant seeking a land-use-exemption permit.
    Number of Respondents: One.
    Estimated Time Per Response: 160 hours.
    Frequency: On occasion.
    Total Burden Hours (annually including all respondents): 160 hours.
    Total ``Non-hour Burden'' Cost: An estimated $200,000 to hire an 
environmental consultant to work with Board staff on the required 
environmental report.
    Needs and Uses: Pursuant to 49 U.S.C. 10501(c)(2), as amended by 
the Clean Railroads Act of 2008 (CRA), 49 U.S.C. 10908-10910, the Board 
adopted final rules in Solid Waste Rail Transfer Facilities, EP 684 
(STB served Nov. 20, 2012). Under these rules, a person seeking a Land-
Use-Exemption Permit must file an application including substantial 
facts and argument as to why

[[Page 38987]]

a permit is necessary and, as required by the National Environmental 
Policy Act, an environmental report and/or an environmental impact 
statement. To date, the Board has not received any applications under 
these rules.
    Under 49 CFR 1155.20, an applicant is required to file a notice of 
intent to apply for a land-use-exemption permit before filing its 
application. A suggested form for this notice may be found in Appendix 
A to 49 CFR part 1155. Further, under 49 CFR 1155.21(e), an application 
must include a draft Federal Register notice. A suggested form for the 
draft Federal Register notice may be found at Appendix B to part 1155.
    This collection is needed to develop a record in land-use-
exemption-permit proceedings, a process mandated by Congress in the 
CRA. The Board uses the information in this collection to accurately 
assess the merits of a permit application.
    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: August 11, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-17306 Filed 8-15-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                    38986                      Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

                                                    collection techniques or other forms of                 charges and to establish demurrage-                   ADDRESSES:    Direct all comments to
                                                    information technology, when                            related rules.                                        Chris Oehrle, PRA Officer, Surface
                                                    appropriate; and (4) whether the                           A railroad and its customers may                   Transportation Board, 395 E Street SW.,
                                                    collection of information is necessary                  enter into demurrage contracts without                Washington, DC 20423–0001, or to pra@
                                                    for the proper performance of the                       providing notice, but, in the absence of              stb.gov. When submitting comments,
                                                    functions of the Board, including                       such contracts, demurrage will be                     please refer to ‘‘Paperwork Reduction
                                                    whether the collection has practical                    governed by the railroad’s demurrage                  Act Comments: Applications for Land-
                                                    utility. Submitted comments will be                     tariff. Under 49 CFR 1333.3, a railroad’s             Use-Exemption Permits.’’
                                                    summarized and included in the                          ability to charge demurrage pursuant to               FOR FURTHER INFORMATION CONTACT: For
                                                    Board’s request for OMB approval.                       its tariff is conditional on its having               further information regarding Land-Use-
                                                                                                            given, prior to rail car placement, actual            Exemption Permits, contact pra@
                                                    Description of Collection                               notice of the demurrage tariff to the                 stb.gov, or submit your question at
                                                       Title: Demurrage Liability Disclosure                person receiving rail cars for loading                https://www.stb.gov/Ect1/
                                                    Requirements.                                           and unloading. Once a shipper receives                ecorrespondence.nsf/
                                                       OMB Control Number: 2140–0021.                       a notice as to a particular tariff,                   incoming?OpenForm. [Assistance for
                                                       STB Form Number: None.                               additional notices are only required                  the hearing impaired is available
                                                       Type of Review: Extension with                       when the tariff changes materially. The               through the Federal Information Relay
                                                    change (relating to the change in burden                parties use the information in these                  Service (FIRS) at 1–800–877–8339.]
                                                    hours based on the estimated decrease                   disclosure requirements to avoid
                                                                                                            demurrage disputes, and the Board uses                SUPPLEMENTARY INFORMATION: Comments
                                                    in (a) the number of respondents from                                                                         are requested concerning: (1) The
                                                    650 to 575 and (b) the time per response                the information to resolve demurrage
                                                                                                            disputes that come before the agency.                 accuracy of the Board’s burden
                                                    from eight hours to one hour, due to fact                                                                     estimates; (2) ways to enhance the
                                                    that the unique burdens associated with                    Under the PRA, a federal agency that
                                                                                                            conducts or sponsors a collection of                  quality, utility, and clarity of the
                                                    the initiation of the collection no longer                                                                    information collected; (3) ways to
                                                    exist).                                                 information must display a currently
                                                                                                            valid OMB control number. A collection                minimize the burden of the collection of
                                                       Respondents: Freight railroads subject                                                                     information on the respondents,
                                                                                                            of information, which is defined in 44
                                                    to the Board’s jurisdiction.                                                                                  including the use of automated
                                                                                                            U.S.C. 3502(3) and 5 CFR 1320.3(c),
                                                       Number of Respondents: 575                                                                                 collection techniques or other forms of
                                                                                                            includes agency requirements that
                                                    (including seven Class I [i.e., large]                                                                        information technology, when
                                                                                                            persons submit reports, keep records, or
                                                    railroads).                                                                                                   appropriate; and (4) whether the
                                                                                                            provide information to the agency, third
                                                       Estimated Time per Response: One                     parties, or the public. Section 3507(b) of            collection of information is necessary
                                                    hour.                                                   the PRA requires, concurrent with an                  for the proper performance of the
                                                       Frequency: Occasionally. The notice                  agency’s submitting a collection to OMB               functions of the Board, including
                                                    requirement is triggered in two                         for approval, a 30-day notice and                     whether the collection has practical
                                                    circumstances: (1) When a shipper                       comment period through publication in                 utility. Submitted comments will be
                                                    initially arranges with a railroad for                  the Federal Register concerning each                  summarized and included in the
                                                    transportation of goods pursuant to the                 proposed collection of information.                   Board’s request for OMB approval.
                                                    railroad’s tariff; or (2) when a railroad
                                                    changes the terms of its demurrage                        Dated: August 11, 2017.                             Description of Collection
                                                    tariff.                                                 Jeffrey Herzig,
                                                                                                                                                                     Title: Applications for Land-Use-
                                                       Total Burden Hours (annually                         Clearance Clerk.                                      Exemption Permits.
                                                    including all respondents): 864.6 hours.                [FR Doc. 2017–17340 Filed 8–15–17; 8:45 am]              OMB Control Number: 2140–0018.
                                                    Board staff estimates that: (1) Seven                   BILLING CODE 4915–01–P                                   STB Form Number: None.
                                                    Class I railroads will each take on 15                                                                           Type of Review: Extension without
                                                    new customers each year (105 hours);                                                                          change.
                                                    (2) each of the seven Class I railroads                 SURFACE TRANSPORTATION BOARD                             Respondents: Any applicant seeking a
                                                    will update its demurrage tariffs every                                                                       land-use-exemption permit.
                                                                                                            60-Day Notice of Intent To Seek
                                                    three years (2.3 hours annualized); (3)                                                                          Number of Respondents: One.
                                                                                                            Extension of Approval: Applications
                                                    568 non-Class I railroads will each take                                                                         Estimated Time Per Response: 160
                                                                                                            for Land-Use-Exemption Permits
                                                    on one new customer a year (568 hours);                                                                       hours.
                                                    and (4) each non-Class I railroad will                        Surface Transportation Board.
                                                                                                            AGENCY:                                                  Frequency: On occasion.
                                                    update its demurrage tariffs every three                      Notice and request for
                                                                                                            ACTION:                                                  Total Burden Hours (annually
                                                    years (189.3 hours annualized).                         comments.                                             including all respondents): 160 hours.
                                                       Total ‘‘Non-hour Burden’’ Cost: No                                                                            Total ‘‘Non-hour Burden’’ Cost: An
                                                    non-hourly cost burdens associated with                 SUMMARY:    As part of its continuing effort          estimated $200,000 to hire an
                                                    this collection have been identified. The               to reduce paperwork burdens, and as                   environmental consultant to work with
                                                    notice may be provided electronically.                  required by the Paperwork Reduction                   Board staff on the required
                                                       Needs and Uses: Demurrage is a                       Act of 1995, the Surface Transportation               environmental report.
                                                    charge that railroads assess their                      Board (STB or Board) gives notice that                   Needs and Uses: Pursuant to 49
                                                                                                            it is requesting from the Office of
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                                                    customers for detaining rail cars beyond                                                                      U.S.C. 10501(c)(2), as amended by the
                                                    a specified amount of time. It both                     Management and Budget (OMB) an                        Clean Railroads Act of 2008 (CRA), 49
                                                    compensates railroads for expenses                      extension of approval for the collection              U.S.C. 10908–10910, the Board adopted
                                                    incurred for that rail car, and serves as               of Applications for Land-Use-Exemption                final rules in Solid Waste Rail Transfer
                                                    a penalty for undue car detention to                    Permits (for Solid Waste Rail Transfer                Facilities, EP 684 (STB served Nov. 20,
                                                    promote efficiency. Demurrage is                        Facilities).                                          2012). Under these rules, a person
                                                    subject to the Board’s jurisdiction under               DATES: Comments on this information                   seeking a Land-Use-Exemption Permit
                                                    49 U.S.C. 10702 and 10746, which                        collection should be submitted by                     must file an application including
                                                    require railroads to compute demurrage                  October 13, 2017.                                     substantial facts and argument as to why


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                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                              38987

                                                    a permit is necessary and, as required by               List (List). Conducted under the                      with other Federal agencies that serve
                                                    the National Environmental Policy Act,                  auspices of the Special 301 program, the              on the Special 301 Subcommittee of the
                                                    an environmental report and/or an                       List identifies online and physical                   Trade Policy Staff Committee.
                                                    environmental impact statement. To                      marketplaces that reportedly engage in                   The United States encourages owners
                                                    date, the Board has not received any                    and facilitate substantial copyright                  and operators of markets reportedly
                                                    applications under these rules.                         piracy and trademark counterfeiting. In               involved in piracy and counterfeiting to
                                                       Under 49 CFR 1155.20, an applicant                   2010, USTR began publishing the                       adopt business models that rely on the
                                                    is required to file a notice of intent to               Notorious Markets List separately from                licensed distribution of legitimate
                                                    apply for a land-use-exemption permit                   the annual Special 301 Report as an                   content and products and to work with
                                                    before filing its application. A suggested              ‘‘Out-of-Cycle Review.’’                              rights holders and enforcement officials
                                                    form for this notice may be found in                    DATES:                                                to address infringement. USTR also
                                                    Appendix A to 49 CFR part 1155.                            October 2, 2017 at midnight EST:                   encourages responsible government
                                                    Further, under 49 CFR 1155.21(e), an                    Deadline for submission of written                    authorities to intensify their efforts to
                                                    application must include a draft Federal                comments.                                             investigate reports of piracy and
                                                    Register notice. A suggested form for the                  October 16, 2017 at midnight EST:                  counterfeiting in such markets, and to
                                                    draft Federal Register notice may be                    Deadline for submission of rebuttal                   pursue appropriate enforcement actions.
                                                    found at Appendix B to part 1155.                       comments and other information USTR                   The List does not purport to reflect
                                                       This collection is needed to develop                 should consider during the review.                    findings of legal violations, nor does it
                                                    a record in land-use-exemption-permit                   ADDRESSES: You should submit written                  reflect the United States Government’s
                                                    proceedings, a process mandated by                      comments through the Federal                          analysis of the general intellectual
                                                    Congress in the CRA. The Board uses                     eRulemaking Portal: http://                           property rights (IPR) protection and
                                                    the information in this collection to                   www.regulations.gov. Follow the                       enforcement climate in the country or
                                                    accurately assess the merits of a permit                instructions for submitting comments in               countries concerned. For an analysis of
                                                    application.                                            section III below. For alternatives to on-            the IPR climate in particular countries,
                                                       Under the PRA, a federal agency that                 line submissions, please contact USTR                 please refer to the annual Special 301
                                                    conducts or sponsors a collection of                    at Special301@ustr.eop.gov before                     Report, published each spring no later
                                                    information must display a currently                    transmitting a comment and in advance                 than 30 days after USTR submits the
                                                    valid OMB control number. A collection                  of the relevant deadline.                             National Trade Estimate to Congress.
                                                    of information, which is defined in 44
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      II. Public Comments
                                                    U.S.C. 3502(3) and 5 CFR 1320.3(c),
                                                                                                            Christine Peterson, Director for                         USTR invites written comments
                                                    includes agency requirements that
                                                                                                            Intellectual Property and Innovation, at              concerning examples of online and
                                                    persons submit reports, keep records, or
                                                                                                            Special301@ustr.eop.gov. You can find                 physical notorious markets, including
                                                    provide information to the agency, third
                                                                                                            information about the Special 301                     foreign trade zones that allegedly
                                                    parties, or the public. Under 44 U.S.C.
                                                                                                            Review, including the Notorious                       facilitate substantial trademark
                                                    3506(c)(2)(A), federal agencies are
                                                                                                            Markets List, at www.USTR.gov.                        counterfeiting and copyright piracy. To
                                                    required to provide, prior to an agency’s
                                                                                                            SUPPLEMENTARY INFORMATION:                            facilitate the review, written comments
                                                    submitting a collection to OMB for
                                                    approval, a 60-day notice and comment                   I. Background                                         should be as detailed as possible.
                                                    period through publication in the                                                                             Comments must clearly identify the
                                                                                                               The United States is concerned with                market and the reasons why the
                                                    Federal Register concerning each                        trademark counterfeiting and copyright
                                                    proposed collection of information,                                                                           commenter believes that the market
                                                                                                            piracy on a commercial scale because                  should be included in the List.
                                                    including each proposed extension of an                 they cause significant financial losses
                                                    existing collection of information.                                                                           Commenters should include the
                                                                                                            for rights holders, legitimate businesses             following information, as applicable:
                                                      Dated: August 11, 2017.                               and governments, undermine critical                      • If a physical market, the market’s
                                                    Jeffrey Herzig,                                         U.S. comparative advantages in                        name and location, e.g., common name,
                                                    Clearance Clerk.                                        innovation and creativity to the                      street address, neighborhood, shopping
                                                    [FR Doc. 2017–17306 Filed 8–15–17; 8:45 am]             detriment of American workers, and                    district, city, etc., and the identity of the
                                                    BILLING CODE 4915–01–P                                  potentially pose significant risks to                 principal owners/operators.
                                                                                                            consumer health and safety as well as                    • If an online market:
                                                                                                            privacy and security. The Notorious                      Æ The domain name(s) past and
                                                    OFFICE OF THE UNITED STATES                             Markets List identifies select online and             present, available registration
                                                    TRADE REPRESENTATIVE                                    physical marketplaces that reportedly                 information, and name(s) and
                                                                                                            engage in or facilitate substantial                   location(s) of the hosting provider(s)
                                                    [Docket Number USTR–2017–0015]                          copyright piracy and trademark                        and operator(s).
                                                                                                            counterfeiting.                                          Æ Information on the volume of
                                                    2017 Special 301 Out-of-Cycle Review                       Beginning in 2006, USTR identified                 Internet traffic associated with the Web
                                                    of Notorious Markets: Comment                           notorious markets in the annual Special               site, including number of visitors and
                                                    Request                                                 301 Report. In 2010, pursuant to the                  page views, average time spent on the
                                                    AGENCY:  Office of the United States                    Administration’s 2010 Joint Strategic                 site, estimate of the number of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Trade Representative.                                   Plan on Intellectual Property                         infringing goods offered, sold or traded
                                                    ACTION: Request for comments.                           Enforcement, USTR announced that it                   and number of infringing files streamed,
                                                                                                            would publish the List as an Out-of-                  shared, seeded, leeched, downloaded,
                                                    SUMMARY:  The Office of the United                      Cycle Review, separate from the annual                uploaded or otherwise distributed or
                                                    States Trade Representative (USTR)                      Special 301 Report. USTR published the                reproduced, and global or country
                                                    requests written comments that identify                 first List in February 2011. USTR                     popularity rating (e.g., Alexa rank).
                                                    online and physical markets based                       develops the annual List based upon                      Æ Revenue sources such as sales,
                                                    outside the United States that should be                public comments solicited through the                 subscriptions, donations, upload
                                                    included in the 2017 Notorious Markets                  Federal Register and in consultation                  incentives, or advertising and the


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Document Created: 2017-08-16 10:27:01
Document Modified: 2017-08-16 10:27:01
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 October 13, 2017.
ContactFor further information regarding Land-Use-Exemption Permits, contact [email protected], or submit your question at https://www.stb.gov/Ect1/ecorrespondence.nsf/ incoming?OpenForm. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877- 8339.]
FR Citation82 FR 38986 

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