60-day FRN

2023-20552.pdf

Demurrage Liability Disclosure Requirements

60-day FRN

OMB: 2140-0021

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Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Notices
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to
November 21, 2023.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
internet may comment on this notice by
going to www.Regulations.gov. You can
search for the document by entering
‘‘Docket Number: DOS–2023–0028 in
the Search field. Then click the
‘‘Comment Now’’ button and complete
the comment form.
• Email: PRA_BurdenComments@
state.gov.
You must include the information
collection title in any correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed collection
instrument and supporting documents,
to Lauren Vinson who may be reached
on [email protected] or
(202) 485–7635.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Supplemental Questions for Visa
Applicants.
• OMB Control Number: 1405–0226.
• Type of Request: Extension of a
currently approved collection.
• Originating Office: CA/VO.
• Form Number: DS–5535.
• Respondents: Immigrant visa
applicants, nonimmigrant visa
applicants.
• Estimated Number of Respondents:
50,000.
• Estimated Number of Responses:
50,000.
• Average Time per Response: 55
minutes.
• Total Estimated Burden Time:
45,833 hours.
• Frequency: Once per respondent’s
application.
• Obligation to Respond: Required to
obtain or retain a benefit.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques

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or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information
submitted with them, will be available
for public review.
Abstract of Proposed Collection
The Immigration and Nationality Act
(‘‘INA’’), 8 U.S.C. 1101 et seq., sets out
application and eligibility requirements
for an applicant seeking to obtain
nonimmigrant or immigrant visa. Most
of the standards for determining visa
ineligibility are detailed in INA 212(a),
8 U.S.C. 1182(a), which includes
terrorist activities and other security
and related grounds at INA 212(a)(3), 8
U.S.C. 1182(a)(3).
INA 221(a), 8 U.S.C. 1201(a) provides
that a consular officer may issue an
immigrant or nonimmigrant visa to an
individual who has made a proper
application, subject to applicable
conditions and limitations in the INA
and related regulations. Under INA
222(c), 8 U.S.C. 1202(c), every applicant
for a nonimmigrant visa must provide
certain identifying particulars—name,
date of birth and birthplace, nationality,
purpose and length of intended stay in
the United States, marital status—and
‘‘such additional information necessary
to the identification of the applicant, the
determination of his eligibility for a
nonimmigrant visa, and the enforcement
of the immigration and nationality laws
as may be by regulations prescribed.’’
Similar requirements apply to
applicants for immigrant visas, pursuant
to INA 222(a), 8 U.S.C. 1201(a). Under
regulations set out in Ttitle 22 of the
Code of Federal Regulations, visa
applications must be made on a
standard form and a consular officer
‘‘may require the submission of
additional necessary information or
question an applicant on any relevant
matter whenever the consular officer
believes that the information provided
in the application is inadequate to
permit a determination of the
applicant’s eligibility to receive a
nonimmigrant visa.’’ 22 CFR 41.103; see
also 22 CFR 42.63 (immigrant visas).
Consular officers may require
submission of a completed DS–5535 to
supplement the immigrant and
nonimmigrant visa applications forms
by asking the following questions of a
subset of nonimmigrant and immigrant
visa applicants:
• The applicant’s travel history over
the last 15 years;

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• The full names and dates of birth of
any siblings/children/former spouses/
domestic partners not recorded in the
applicant’s visa application form;
• The applicant’s addresses during
the last 15 years, if different from the
applicant’s current address.
• The applicant’s prior passport
numbers; and
• The applicant’s prior occupation(s)
and employers (plus a brief description,
if applicable) looking back 15 years.
Regarding travel history, an applicant
may be requested to provide details of
his or her international or domestic
(within their country of nationality or
residence) travel if the information is
necessary to determine the applicant’s
eligibility for the visa, including cases
involving applicants who have been in
an area while the area was under the
operational control of a terrorist
organization as defined in INA
212(a)(3)(B)(vi), 8 U.S.C.
1182(a)(3)(B)(vi). Applicants may be
asked to recount or explain the details
of their travel and when possible,
provide supporting documentation.
Methodology
Consular officers will be asking these
questions of a subset of nonimmigrant
and immigrant visa applicants
worldwide either orally or by providing
a copy of the questions electronically or
on paper. The applicant can respond
orally, via email, via written response or
via Microsoft e-version. The e-version of
the information collection asks identical
questions to the paper version. There
are slight differences in formatting due
to the different platforms. In some
instances, when a paper copy is
provided the applicant may still be
permitted to return it electronically.
Julie M. Stufft,
Acting Deputy Assistant Secretary, Bureau
of Consular Affairs, Department of State.
[FR Doc. 2023–20565 Filed 9–21–23; 8:45 am]
BILLING CODE 4710–06–P

SURFACE TRANSPORTATION BOARD
60-Day Notice of Intent To Seek
Extension of Approval of Collection:
Demurrage Liability Disclosure
Requirements
Surface Transportation Board.
Notice and request for
comments.

AGENCY:
ACTION:

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 an extension of

SUMMARY:

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65420

Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Notices

the collection of Demurrage Liability
Disclosure Requirements, as described
below.
Comments on this information
collection should be submitted by
November 21, 2023.

DATES:

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, Demurrage
Liability Disclosure Requirements.’’ For
further information regarding this
collection, contact Pedro Ramirez at
(202) 245–0333 or pedro.ramirez@
stb.gov. If you require an
accommodation under the Americans
with Disabilities Act, please call (202)
245–0245.

ADDRESSES:

Comments
are requested concerning each
collection as to (1) whether the
particular collection of information is
necessary for the proper performance of
the functions of the Board, including
whether the collection has practical
utility; (2) the accuracy of the Board’s
burden estimates; (3) ways to enhance

SUPPLEMENTARY INFORMATION:

the quality, utility, and clarity of the
information collected; and (4) 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. Submitted comments will
be included and summarized in the
Board’s request for OMB approval.
Description of Collection
Title: Demurrage Liability Disclosure
Requirements.
OMB Control Number: 2140–0021.
Form Number: None.
Type of Review: Extension without
change.
Respondents: Freight railroads subject
to the Board’s jurisdiction.
Number of Respondents:
Approximately 620 (including six Class
I carriers).
Estimated Time per Response: One
hour for each disclosure.
Frequency: On occasion. The existing
demurrage liability disclosure
requirement is triggered in two
circumstances: (1) when a shipper
initially arranges with a railroad for
transportation of freight pursuant to the
rail carrier’s tariff; or (2) when a rail

carrier changes the terms of its
demurrage tariff.
Total Burden Hours (annually
including all respondents): 1,330.7
hours. Consistent with the existing,
approved information collection, Board
staff estimates that: (1) six Class I
carriers would each take on 18 new
customers each year (108 hours); (2)
each of the six Class I carriers would
update its demurrage tariffs annually (6
hours); (3) 620 non-Class I carriers
(which are already subject to the
existing collection requirements, but
which will not be subject to the new
requirements) would each take on one
new customer a year (620 hours); and
(4) each of the non-Class I carriers
would update its demurrage tariffs every
three years (206.7 hours annualized).
For the requirement that Class I carriers
must directly bill the shipper for
demurrage when the shipper and
warehouseman agree to the arrangement
and so notify the rail carrier, Board staff
estimates that annually six Class I
carriers would each receive 65 directbilling agreements per year at one hour
per agreement (390 hours).
The total hourly burdens are also set
forth in the table below.

TABLE—TOTAL BURDEN HOURS
[Per year]
New customer
burden
(hours)

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Respondents

Tariff
update
burden
(hours)

Burden for
invoicing
agreement
(hours)

Total annual
burden hours

6 Class I Carriers .............................................................................................
620 Non-Class I Carriers .................................................................................

108
620

6
206.7

390
........................

504
826.7

Totals ........................................................................................................

728

212.7

390

1,330.7

Total ‘‘Non-hour Burden’’ Cost: There
are no other costs identified. Any
submissions may be submitted
electronically.
Needs and Uses: Demurrage is subject
to Board regulation under 49 U.S.C.
10702, which requires railroads to
establish reasonable rates and
transportation-related rules and
practices, and under 49 U.S.C. 10746,
which requires railroads to compute
demurrage charges, and establish rules
related to those charges, in a way that
will fulfill the national needs related to
freight car use and distribution and
maintenance of an adequate car supply.
Demurrage is a charge that serves
principally as an incentive to prevent
undue car detention and thereby
encourage the efficient use of rail cars
in the rail network, while also providing
compensation to rail carriers for the
expense incurred when rail cars are

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unduly detained beyond a specified
period of time (i.e., ‘‘free time’’) for
loading and unloading. See Pa. R.R. v.
Kittaning Iron & Steel Mfg. Co., 253 U.S.
319, 323 (1920) (‘‘The purpose of
demurrage charges is to promote car
efficiency by penalizing undue
detention of cars.’’); 49 CFR 1333.1; see
also 49 CFR part 1201, category 106.
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 required only
when the tariff changes materially. The
parties rely on the information in the
demurrage tariffs to avoid demurrage
disputes, and the Board uses the tariffs
to adjudicate demurrage disputes that

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come before it. Class I carriers are
required to include certain minimum
information on or with demurrage
invoices, take appropriate action to
ensure that demurrage charges are
accurate and warranted, and directly
bill the shipper for demurrage when the
shipper and warehouseman agree to that
arrangement and so notify the rail
carrier. This collection and use of this
information by the Board enable the
Board to meet its statutory duties.
The Board makes this submission
because, 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.

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Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Notices
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: September 19, 2023.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023–20552 Filed 9–21–23; 8:45 am]
BILLING CODE 4915–01–P

SURFACE TRANSPORTATION BOARD
60-Day Notice of Intent To Seek
Extension of Approval of Collection:
Waybill Sample
Surface Transportation Board.
Notice and request for
comments.

AGENCY:
ACTION:

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 an extension of
the collection of Waybill Sample,
described below.
DATES: Comments on this information
collection should be submitted by
November 21, 2023.
ADDRESSES: Direct all comments to
Chris Oehrle, PRA Officer, Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001, and to
[email protected]. When submitting
comments, please refer to ‘‘Paperwork
Reduction Act Comments, Waybill
Sample.’’ For further information
regarding this collection, contact Pedro
Ramirez at (202) 245–0333 or
[email protected]. If you require an
accommodation under the Americans
with Disabilities Act, please call (202)
245–0245.
SUPPLEMENTARY INFORMATION: Comments
are requested concerning each
collection as to (1) whether the
particular collection of information is
necessary for the proper performance of
the functions of the Board, including
whether the collection has practical
utility; (2) the accuracy of the Board’s
burden estimates; (3) ways to enhance
the quality, utility, and clarity of the
information collected; and (4) 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. Submitted comments will

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SUMMARY:

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be included and summarized in the
Board’s request for OMB approval.
Subjects: In this notice, the Board is
requesting comments on the extension
of the following information collection:
Description of Collection
Title: Waybill Sample.
OMB Control Number: 2140–0015.
Form Number: None.
Type of Review: Extension without
change.
Respondents: Respondents include
any railroad that is subject to the
Interstate Commerce Act and that
terminated at least 4,500 carloads on its
line in any of the three preceding years
or that terminated at least 5% of the
revenue carloads terminating in any
state in any of the three preceding years.
For the purposes of this analysis, the
Board categorizes railroads required to
report Waybill Sample data as either
quarterly or monthly and as either
sampling their own waybills or having
a third party conduct their sampling. As
a result, there are four categories of
respondents, as shown in Table below.

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TABLE—TOTAL BURDEN HOURS
Categories of respondents

Railroads that conduct their
own sampling and report
monthly ..............................
Railroads that conduct their
own sampling and report
quarterly ............................
Railroads that have a third
party sample their waybills
and report monthly ............
Railroads that have a third
party sample their waybills
and report quarterly ..........
Total Annual Burden
Hours .........................

Total annual
hours for
samples
submitted

150
20
30
220
420

Total Annual ‘‘Non-Hour Burden’’
Cost: There are no other costs identified
because filings are submitted
electronically to the Board.
Needs and Uses: The Board is, by
statute, responsible for the economic
regulation of common carrier rail
transportation in the United States and
collects rail-carload waybills for this
purpose. The Board has authority to
TABLE—RESPONDENTS
collect these waybills under 49 U.S.C.
11144, 11145, and the Board often uses
Number
of
Categories of respondents
the information in rail-carload waybills
respondents
to carry out its responsibilities.
Railroads that conduct their
A rail-carload waybill is a ‘‘document
own sampling and report
or instrument prepared from the bill of
monthly ..............................
5 lading contract or shipper’s instructions
Railroads that conduct their
as to the disposition of the freight, and
own sampling and report
quarterly ............................
3 [is] used by the railroad(s) involved as
the authority to move the shipment and
Railroads that have a third
as the basis for determining the freight
party sample their waybills
and report monthly ............
2 charges and interline settlements.’’ 49
Railroads that have a third
CFR 1244.1(c). From these carload
party sample their waybills
waybills, the Board creates an aggregate
and report quarterly ..........
43 compilation of the sampled waybills of
all reporting carriers, referred to as the
Total Respondents ........
53
Waybill Sample. The Waybill Sample is
the Board’s principal source of data
Number of Respondents: 53.
about freight rail shipments. The
Estimated Time per Response: The
information in the Waybill Sample is
estimated hourly burden for waybill
used by the Board, other federal and
samples submitted to the Board varies
state agencies, and industry
depending on each respondent’s
stakeholders to monitor traffic flows and
particular circumstances. (Note:
rate trends in the industry, and to
respondents that are identified as
develop testimony in Board
reporting monthly (Class I carriers)
proceedings. The Board’s collection and
report monthly, quarterly, and annually use of this data enables it to meet its
(or 17 times per year). All other
statutory duty to regulate the rail
respondents (non-Class I carriers) report industry.
quarterly and annually (five times a
The Board makes this submission
year)).
because, under the PRA, a federal
Frequency of Response: Six
agency that conducts or sponsors a
respondents report monthly; and 46
collection of information must display a
other respondents report quarterly.
currently valid OMB control number. A
collection of information, which is
Total Burden Hours (annually
defined in 44 U.S.C. 3502(3) and 5 CFR
including all respondents): 420 hours.
1320.3(c), includes agency requirements
This estimated total burden hours is
that persons submit reports, keep
shown in the Table below.

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