September 18, 2023, FR Notice (30-Day)

Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices

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proceedings, the Blanca Spur was
transferred from IPH to SLRG without
Board authority, (id., Ex. C), before the
bankruptcy trustee for SLRG sold the
Blanca Spur to CP Rio Grande under a
purchase and sale agreement in January
2023, also without prior Board authority
as required by 11 U.S.C. 1172. (Id. at 5.)
CP Rio Grande indicates Mr. Vondrak
cannot be located, and according to the
Illinois Secretary of State’s listing of
businesses registered in Illinois, IPH
was involuntarily dissolved on June 10,
2022.3 There is no indication that any
former IPH personnel are involved with
CP Rio Grande. Similarly, PBR is listed
as having been dissolved on October 8,
2021,4 and SLRG’s bankruptcy was
discussed in greater detail in Colorado
Pacific Rio Grande Railroad, FD 36656,
slip op. at 1–2 (STB served Jan. 5, 2023).
Under these circumstances, the Board
will not require any further action
regarding the earlier acquisitions and
transfers of the Blanca Spur.
The acquisition of a rail line by a
Class III carrier requires prior approval
from the Board under 49 U.S.C.
10902(a). Under 49 U.S.C. 10502(a),
however, the Board must exempt a
transaction or service from regulation
upon finding that (1) the regulation is
not necessary to carry out the rail
transportation policy (RTP) under 49
U.S.C. 10101 and (2) either the
transaction or service is of limited scope
or regulation is not needed to protect
shippers from the abuse of market
power.
The Board finds that an after-the-fact
exemption should be granted for CP Rio
Grande’s acquisition of the Blanca Spur.
Detailed scrutiny of the proposed
transaction through an application for
review under 49 U.S.C. 10902 is not
necessary here to carry out the RTP, and
an exemption would promote the RTP
by minimizing the need for regulatory
control over the transaction (49 U.S.C.
10101(2)), ensuring the development
and continuation of a sound rail
transportation system able to compete
with other modes of transportation and
meet the needs of the public and
national defense (49 U.S.C. 10101(4)),
minimizing the need for regulatory
barriers for entry into and exit from the
3 Business Entity Search, Ill. Sec’y of State,
apps.ilsos.gov/businessentitysearch/ (click ‘‘Name’’
under ‘‘Choose a Search Method’’ and enter ‘‘Iowa
Pacific Holdings’’ in the ‘‘Search for’’ box, click
submit, then click the ‘‘IOWA PACIFIC HOLDINGS,
LLC’’ entity which has ‘‘INVOLUNTARY
DISSOLUTION’’ next to it) (last visited Sept. 5,
2023).
4 Id. (click ‘‘Name’’ under ‘‘Choose a Search
Method’’ and enter ‘‘Permian Basin Railways’’ in
the ‘‘Search for’’ box, click submit, then click the
‘‘PERMIAN BASIN RAILWAYS, INC.’’ entity with
‘‘DISSOLVED’’ next to it) (last visited Sept. 5, 2023).

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industry (49 U.S.C. 10101(7)),
encouraging honest and efficient
management of railroads (49 U.S.C.
10101(9)), and providing for the
expeditious handling and resolution of
proceedings required or permitted to be
brought under this part (49 U.S.C.
10101(15)). Other aspects of the RTP
will not be adversely affected.
Regulation of the transaction is not
needed to protect shippers from an
abuse of market power. CP Rio Grande
purchased the Blanca Spur out of
bankruptcy for the purpose of investing
in the track and developing business for
existing and new shippers. Granting the
exemption would ensure that service
along the Blanca Spur can continue
because CP Rio Grande will have a
common carrier obligation to provide
service upon reasonable request along
the track.
Under 49 CFR 1105.6(c)(1), this
action, which will not result in
significant changes in carrier operations,
is categorically excluded from
environmental review. Similarly, under
49 CFR 1105.8(b)(1), no historic report
is required because the subject
transaction is for continued rail service,
CP Rio Grande has indicated no plans
to alter railroad properties 50 years old
or older, and any future abandonment of
the Blanca Spur would be subject to
Board jurisdiction.
It is ordered:
1. Under 49 U.S.C. 10502, the Board
exempts CP Rio Grande’s acquisition
and operation of the Blanca Spur from
the prior approval requirements of 49
U.S.C. 10902.
2. Notice of this exemption will be
published in the Federal Register.
3. This decision will be effective on
October 18, 2023. Petitions for stay must
be filed by September 28, 2023.
Petitions to reopen must be filed by
October 9, 2023.
Decided: September 11, 2023.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023–20072 Filed 9–15–23; 8:45 am]
BILLING CODE 4915–01–P

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64021

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–25]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
summarized below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On July 5, 2023, FRA
published a notice providing a 60-day
period for public comment on the ICR.
DATES: Interested persons are invited to
submit comments on or before October
18, 2023.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(757) 897–9908 or arlette.mussington@
dot.gov or telephone: (571) 609–1285.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On July 5, 2023, FRA
published a 60-day notice in the Federal
Register soliciting comment on the ICR
for which it is now seeking OMB
approval. See 88 FR 43002. FRA
received no comments related to the
proposed collection of information.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
SUMMARY:

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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices

1320.12(a); see also 60 FR 44978, 44983
Aug. 29, 1995. OMB believes the 30-day
notice informs the regulated community
to file relevant comments and affords
the agency adequate time to digest
public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit
their respective comments to OMB
within 30 days of publication to best
ensure having their full effect.
Comments are invited on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information will have practical utility;
(2) the accuracy of FRA’s estimates of
the burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways to minimize the
burden of information collection
activities on the public, including the
use of automated collection techniques
or other forms of information
technology.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Railroad Communications.
OMB Control Number: 2130–0524.
Abstract: The railroad
communications regulations in 49 CFR
part 220 prescribe the minimum
requirements governing wireless
communications used in rail operations
as well as establish the prohibitions,
restrictions, and requirements that
apply to the use of personal and
railroad-supplied cellular telephones
and other electronic devices. FRA
amended its radio standards and
procedures to: promote compliance by
making the regulations more flexible;
require wireless communications
devices, including radios, for specified
classifications of railroad operations and
roadway workers; and retitle this part to
reflect its coverage of other means of
wireless communications, such as
cellular telephones and data radio
terminals, to convey emergency and
need-to-know information. The
amended regulations established safe,
uniform procedures covering the use of
radio and other wireless
communications within the railroad
industry.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 746 railroads.

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Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
4,119,004.
Total Estimated Annual Burden:
95,902 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $6,048,539.14.
FRA informs all interested parties that
it may not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023–20131 Filed 9–15–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2023–0021]

Agency Information Collection Activity
Under OMB Review: Title VI as It
Applies to Federal Transit
Administration (FTA) Grant Programs
Federal Transit Administration,
Department of Transportation.
ACTION: Notice of request for comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to approve the extension
of a currently approved information
collection: Title VI as it Applies to FTA
Grant Programs.
DATES: Comments must be submitted
before November 17, 2023.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Website: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site. (Note: The U.S.
Department of Transportation’s (DOT’s)
electronic docket is no longer accepting
electronic comments.) All electronic
submissions must be made to the U.S.
Government electronic docket site at
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–366–7951.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
SUMMARY:

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West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: You must include the
agency name and docket number for this
notice at the beginning of your
comments. Submit two copies of your
comments if you submit them by mail.
For confirmation that FTA has received
your comments, include a selfaddressed stamped postcard. Note that
all comments received, including any
personal information, will be posted
and will be available to internet users,
without change, to www.regulations.gov.
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published April 11, 2000, (65
FR 19477), or you may visit
www.regulations.gov. Docket: For access
to the docket to read background
documents and comments received, go
to www.regulations.gov at any time.
Background documents and comments
received may also be viewed at the U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Docket
Operations, M–30, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andrew Golba at (202) 366–1065, or
email: [email protected].
SUPPLEMENTARY INFORMATION: Interested
parties are invited to send comments
regarding any aspect of this information
collection, including: (1) the necessity
and utility of the information collection
for the proper performance of the
functions of the FTA; (2) the accuracy
of the estimated burden; (3) ways to
enhance the quality, utility, and clarity
of the collected information; and (4)
ways to minimize the collection burden
without reducing the quality of the
collected information. Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval of this
information collection.
Title: Title VI as It Applies to FTA
Grant Programs OMB Number: 2132–
0540.
Background: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d)
states:
‘‘No person in the United States shall,
on the grounds of race, color, or national

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