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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices

carrier’s practices. This information
collection regarding fuel cost,
consumption, and surcharge revenues
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. 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: July 10, 2023.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023–14940 Filed 7–13–23; 8:45 am]
BILLING CODE 4915–01–P

SURFACE TRANSPORTATION BOARD
[Docket No. FD 36712]

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Carolina Coastal Railway, Inc.—
Acquisition Exemption—Line of
Clinton Industrial Switching District,
Inc., d/b/a Clinton Terminal Railroad
Company
Carolina Coastal Railway, Inc.
(CLNA), a Class III rail carrier, has filed
a verified notice of exemption under 49
CFR 1180.2(d)(2) to acquire
approximately 3.53 miles of rail line
between milepost 199.0 in Moltonville,
NC, and the end of the track at milepost
202.53 in Clinton, NC (the Line), from
Clinton Industrial Switching District,
Inc., d/b/a Clinton Terminal Railroad
Company (CTR), also a Class III rail
carrier.
The verified notice states that CLNA
will acquire the Line from CTR pursuant
to an Asset Purchase Agreement entered
into on June 28, 2023.1 CLNA intends to
1 A redacted version of the agreement was filed
with the verified notice of exemption. An
unredacted version was filed concurrently under
seal, along with a motion for protective order
pursuant to 49 CFR 1104.14(b). That motion will be
addressed in a separate decision.

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operate the Line as a CLNA division,
under a separate trade name and
reporting marks.
CLNA represents that: (1) the Line
does not connect with the existing rail
lines of CLNA or the lines of any rail
carrier in the CLNA corporate family; (2)
the transaction is not part of a series of
anticipated transactions that would
result in such a connection; and (3) the
transaction does not involve a Class I
rail carrier. The proposed transaction is
therefore exempt from the prior
approval requirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. However, 49 U.S.C. 11326(c)
does not provide for labor protection for
transactions under 49 U.S.C. 11324 and
11325 that involve only Class III rail
carriers. Because this transaction
involves Class III rail carriers only, the
Board, under the statute, may not
impose labor protective conditions for
this transaction.
The transaction may be consummated
on or after July 30, 2023, the effective
date of the exemption (30 days after the
verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than July 21, 2023 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36712, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, one copy of each pleading
must be served on CLNA’s
representative, Thomas J. Litwiler,
Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 800, Chicago, IL 60606–
3208.
According to CLNA, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.

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Decided: July 11, 2023.

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By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023–14982 Filed 7–13–23; 8:45 am]
BILLING CODE 4915–01–P

SURFACE TRANSPORTATION BOARD
30-Day Notice of Intent To Seek
Extension of Approval: Petitions for
Declaratory Orders and Petitions for
Relief Not Otherwise Specified
Notice and request for
comments.

ACTION:

AGENCY: Surface Transportation Board.
SUMMARY: As required by the Paperwork

Reduction Act of 1995 (PRA), the
Surface Transportation Board (STB or
Board) gives notice of its intent to seek
approval from the Office of Management
and Budget (OMB) for extensions of the
collections regarding petitions for
declaratory orders and petitions for
relief not otherwise specified, as
described below.
DATES: Comments on these information
collections should be submitted by
August 14, 2023.
ADDRESSES: Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Surface Transportation
Board, Petitions for Declaratory Orders
and Petitions for Relief Not Otherwise
Specified.’’ Written comments for the
proposed information collection should
be submitted via www.reginfo.gov/
public/do/PRAMain. This information
collection can be accessed by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function. As an alternative,
written comments may be directed to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention: Michael J. McManus,
Surface Transportation Board Desk
Officer: via email at oira_submission@
omb.eop.gov; by fax at (202) 395–1743;
or by mail to Room 10235, 725 17th
Street NW, Washington, DC 20503.
Please also 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, Petitions for
Declaratory Orders and Petitions for
Relief Not Otherwise Specified.’’ For
further information regarding this
collection, contact Michael Higgins,
Deputy Director, Office of Public
Assistance, Governmental Affairs, and
Compliance (OPAGAC), at (866) 254–
1792 (toll-free) or 202–245–0238, or by

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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
emailing to [email protected]. Assistance for
the hearing impaired is available
through the Federal Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: The Board
previously published a notice about this
collection in the Federal Register (88 FR
30827 (May 12, 2023)). That notice
allowed for a 60-day public review and
comment period. No comments were
received.
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 Collections

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Collection Number 1
Title: Petitions for declaratory orders.
OMB Control Number: 2140–0031.
STB Form Number: None.
Type of Review: Extension without
change.
Respondents: Affected shippers,
railroads, communities, and other
stakeholders that choose to seek a
declaratory order from the Board to
terminate a controversy or remove
uncertainty.
Number of Respondents:
Approximately eight.
Estimated Time per Response: 180
hours.
Frequency: On occasion. In calendar
years 2020–2022, approximately 12
petitions for declaratory orders were
filed with the Board per year.
Total Burden Hours (annually
including all respondents): 2,160 hours
(estimated hours per petition (180) ×
total number of petitions (12)).
Total ‘‘Non-Hour Burden’’ Cost: None
identified. Filings are submitted
electronically to the Board.
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 can encompass a
broad range of issues and types of
requests, the Board does not prescribe
specific instructions for their filing. The
collection by the Board regarding

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petitions for declaratory orders that
parties choose to file enables the Board
to meet its statutory duty to regulate the
rail industry.

Dated: July 10, 2023.
Kenyatta Clay,
Clearance Clerk.

Collection Number 2
Title: Petitions for relief not otherwise
provided.
OMB Control Number: 2140–0030.
STB Form Number: None.
Type of Review: Extension without
change.
Respondents: Affected shippers,
railroads, communities, and other
stakeholders that seek to address 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.
Estimated Time per Response: 25
hours.
Frequency: On occasion. In calendar
years 2020–2022, approximately four
petitions of this type were filed with the
Board per year.
Total Burden Hours (annually
including all respondents): 100 hours
(estimated hours per petition (25) × total
number of petitions (4)).
Total ‘‘Non-Hour Burden’’ Cost: None
identified. Filings are submitted
electronically to the Board.
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 waiver 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) 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 that parties
choose to file enables the Board to more
fully meet its statutory duty to regulate
the rail industry.
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,
including each proposed extension of an
existing collection of information.

BILLING CODE 4915–01–P

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45267

[FR Doc. 2023–14942 Filed 7–13–23; 8:45 am]

SURFACE TRANSPORTATION BOARD
[Docket No. EP 526 (Sub-No. 18)]

Notice of Railroad-Shipper
Transportation Advisory Council
Vacancy
Surface Transportation Board
(Board).
ACTION: Notice of vacancy on the
Railroad-Shipper Transportation
Advisory Council (RSTAC) and
solicitation of nominations.
AGENCY:

The Board hereby gives notice
of a vacancy on RSTAC for an at-large
(public interest) representative. The
Board seeks nominations for candidates
to fill this vacancy.
DATES: Nominations are due on August
14, 2023.
ADDRESSES: Nominations may be
submitted via e-filing on the Board’s
website at www.stb.gov. Submissions
will be posted to the Board’s website
under Docket No. EP 526 (Sub-No. 18).
FOR FURTHER INFORMATION CONTACT:
Gabriel Meyer at (202) 245–0150. If you
require an accommodation under the
Americans with Disabilities Act, please
call (202) 245–0245.
SUPPLEMENTARY INFORMATION: The
Board, created in 1996 to take over
many of the functions previously
performed by the Interstate Commerce
Commission, exercises broad authority
over transportation by rail carriers,
including regulation of railroad rates
and service (49 U.S.C. 10701–47,
11101–24), the construction,
acquisition, operation, and
abandonment of rail lines (49 U.S.C.
10901–07), as well as railroad line sales,
consolidations, mergers, and common
control arrangements (49 U.S.C. 10902,
11323–27).
The ICC Termination Act of 1995
(ICCTA), enacted on December 29, 1995,
established RSTAC to advise the Board’s
Chair; the Secretary of Transportation;
the Committee on Commerce, Science,
and Transportation of the Senate; and
the Committee on Transportation and
Infrastructure of the House of
Representatives with respect to rail
transportation policy issues RSTAC
considers significant. RSTAC focuses on
issues of importance to small shippers
and small railroads, including car
supply, rates, competition, and
procedures for addressing claims.
SUMMARY:

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