30 Day Notice

Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
IV. Conclusion
It is therefore noticed, pursuant to
Section 806(e)(1)(G) of the Payment,
Clearing and Settlement Supervision
Act,19 that the Commission DOES NOT
OBJECT to Advance Notice (SR–OCC–
2017–801) and that OCC is
AUTHORIZED to implement the
proposed change.
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–04498 Filed 3–7–17; 8:45 am]
BILLING CODE 8011–01–P

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)
Surface Transportation Board.
Notice and request for
comments.

AGENCY:
ACTION:

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.

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SUMMARY:

19 12

U.S.C. 5465(e)(1)(G).

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17:34 Mar 07, 2017

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 OIRA_
SUBMISSION@OMB.EOP.GOV; 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 pra@stb.gov.
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
Michael.Higgins@stb.gov. [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.
ADDRESSES:

Jkt 241001

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

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13039

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) ×
total number of complaints (5)).
Total ‘‘Non-hour Burden’’ Cost:
$7,310 (estimated non-hour burden cost
per complaint ($1,462) × 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
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.
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.
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.

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

Total Burden Hours (annually
including all respondents): 2,745 hours
(183 estimated hours per petition × total
number of petitions (15)).
Total ‘‘Non-hour Burden’’ Cost:
$18,540 (estimated non-hour burden
cost per petition ($1,236) × 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.

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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
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) ×
total number of petitions (4)).
Total ‘‘Non-hour Burden’’ Cost: $280
(estimated non-hour burden cost per
petition ($70) × 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)
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.

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17:34 Mar 07, 2017

Jkt 241001

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

SURFACE TRANSPORTATION BOARD
[Docket No. FD 36071]

Delmarva Central Railroad Company—
Lease and Operation Exemption With
Interchange Commitment—Norfolk
Southern Railway Company
On November 17, 2016, Delmarva
Central Railroad Company (DCR), at that
time a noncarrier, filed a verified notice
of exemption under 49 CFR 1150.31 to
lease and operate approximately 161.59
miles of rail line (the Line) owned by
Norfolk Southern Railway Company
(NSR). Notice of the exemption was
served and published in the Federal
Register on December 2, 2016 (81 FR
87,122).1
On December 14, 2016, SMART/TD
Delaware State Legislative Board
(SMART/TD) petitioned the Board to
revoke the lease and operation
exemption.2 SMART/TD asserts that the
DCR’s lease and operation has economic
1 DCR’s parent, Carload Express, Inc. (Carload),
filed a verified notice of exemption to continue in
control of DCR upon DCR’s becoming a Class III
carrier. See Carload Express, Inc.—Continuance in
Control Exemption—Delmarva Cent. R.R., Docket
No. FD 36072. Notice of that exemption was also
served and published in the Federal Register on
December 2, 2016. (81 FR 87,123).
2 No stay was sought or imposed. Because the
effective date was not stayed, the exemption
became effective on December 17, 2016. DCR later
notified the Board that it has since consummated
the transaction.

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and safety considerations that should be
investigated by the Board. In particular,
SMART/TD claims that DCR, a company
with fewer resources than NSR, cannot
adequately maintain the Line’s rails and
bridges as they have been maintained by
NSR. SMART/TD notes that the Line
crosses three bridges, two of those
bridges are 100 years old and the
remaining bridge is 60 years old. It notes
that one of the bridges was recently out
of service for 30 days and questions
whether DCR could have restored the
bridge in the same expeditious manner
as NSR, given DCR’s ‘‘limited finances.’’
It further asserts that the Line is
deteriorating and maintenance will
become increasingly expensive.
SMART/TD also claims that there are no
insurance minimums in place for
smaller carriers and that it fears that
local taxpayers might be forced to carry
the burden in case of a disaster.
SMART/TD also asserts that the lease
will result in replacing a ‘‘qualified,
experienced, and knowledgeable’’ labor
force with ‘‘untrained and unfamiliar’’
employees, which, according to
SMART/TD, raises safety concerns.
According to SMART/TD, these
concerns implicate the national rail
transportation policy (RTP) goal of
‘‘operat[ing] transportation facilities and
equipment without detriment to the
public health and safety.’’ 49 U.S.C.
10101(8). Moreover, citing the RTP
policy goal of ‘‘encourag[ing] fair wages
and safe and suitable working
conditions in the railroad industry,’’ 49
U.S.C. 10101(11), SMART/TD asserts
that DCR will employ ‘‘an inferior,
unqualified labor force that is willing to
accept less money because they are less
qualified,’’ and that DCR’s employees’
wages and benefits will be inferior to
those of Class I railroad employees.
DCR filed a reply on December 27,
2016. In response to SMART/TD’s
suggestion that DCR cannot safely
operate the Line, DCR notes that it is
under the control of Carload, a
noncarrier holding company that owns
and operates other Class III carriers. See,
e.g., Carload Express, Inc.—
Continuance in Control Exemption—
Ohio Terminal Ry., FD 35704 (STB
served Jan. 11, 2013). As such, DCR
states that its owners, managers, and
personnel are already familiar with the
safety regulations administered by the
Federal Railroad Administration (FRA).
DCR states that it will operate the Line
in accordance with FRA regulations.
DCR further explains that the
concerns about bridge maintenance are
unwarranted. DCR states that NSR has
maintained the bridges in full
compliance with FRA standards and
safe operating practices. DCR notes that,

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