Information Required in Notices and Petitions Containing Interchange Commitments, 8000-8001 [2016-03199]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with RULES 8000 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations for Universal Service Support, Connect America Fund. Form Number: FCC Forms 497, 481 & 555. Type of Review: Revision of a currently approved collection. Respondents: Individuals or households and business or other forprofit. Number of Respondents: 28,009,115 respondents; 30,541,922 responses. Estimated Time per Response: 0.0167 hours to 250 hours. Frequency of Response: Daily or monthly, every 60 days, annual, biennial, on occasion reporting requirements, third party disclosure requirement and record keeping requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority is contained in Section 1, 4(i), 201–205, 214, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 1, 4(i), 201–205, 214, 254 and 403. Total Annual Burden: 22,064,798 hours. Total Annual Cost: None. Privacy Act Impact Assessment: Yes. The Commission completed a Privacy Impact Assessment (PIA) for some of the information collection requirements contain in this collection. The PIA was published in the Federal Register at 78 FR 73535 on December 6, 2013. The PIA may be reviewed at: https://www.fcc.gov/ omd/privacyact/Privacy_Impact_ Assessment.html. Nature and Extent of Confidentiality: Some of the requirements contained in this information collection does affect individuals or households, and thus, there are impacts under the Privacy Act. The FCC’s system of records notice (SORN), FCC/WCB–1, ‘‘Lifeline Program.’’ The Commission will use the information contained in FCC/WCB–1 to cover the personally identifiable information (PII) that is required as part of the Lifeline Program (‘‘Lifeline’’). As required by the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Commission also published a SORN, FCC/WCB–1 ‘‘Lifeline Program’’ in the Federal Register on December 6, 2013 (78 FR 73535). Also, respondents may request materials or information submitted to the Commission or to the Universal Service Administrative Company (USAC or Administrator) be withheld from public inspection under 47 CFR 0.459 of the FCC’s rules. We note that USAC must preserve the confidentiality of all data obtained from respondents; must not use the data except for purposes of administering the universal service programs; and must not disclose VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 data in company-specific form unless directed to do so by the Commission. Needs and Uses: In June 2015, the Commission adopted an order reforming its low-income universal service support mechanisms. Lifeline and Link Up Reform and Modernization; Telecommunications Carriers Eligible for Universal Service Support; Connect America Fund, WC Docket Nos. 11–42, 09–197, 10–90, Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order, (Lifeline Second Reform Order). This revised information collection addresses requirements to carry out the reforms to which the Commission committed itself in the Lifeline Second Reform Order. Under this information collection, the Commission will implement the revised rules adopted in the 2015 Lifeline Second Reform Order, regarding the retention of subscriber eligibility documentation, eligible telecommunications carrier (ETC) designation, and ETC reimbursement under the Lifeline program; update the number of respondents for all the existing information collection requirements, thus increasing the total burden hours for some requirements and decreasing the total burden hours for other requirements; eliminate some requirements as part of this information collection, because they are no longer applicable; revise the FCC Form 555 and the accompanying instructions to require ETCs to provide a Service Provider Identification Number (SPIN); and make non-substantive changes to this information collection, pursuant to 44 U.S.C. 3507, to update the FCC Form 497 Instructions. These updates do not modify the burdens or costs contained in this information collection. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2016–03075 Filed 2–16–16; 8:45 am] BILLING CODE 6712–01–P SURFACE TRANSPORTATION BOARD 49 CFR Part 1180 [Docket No. EP 714] Information Required in Notices and Petitions Containing Interchange Commitments Surface Transportation Board. Final rule. AGENCY: ACTION: The Surface Transportation Board (STB or Board) is issuing a final rule to insert language that was SUMMARY: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 inadvertently omitted when an amended rule was promulgated on September 5, 2013. This decision is effective on its date of publication. DATES: This rule is effective on February 17, 2016. FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm at (202) 245–0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. SUPPLEMENTARY INFORMATION: On September 5, 2013, the Board, with Vice Chairman Begeman dissenting, adopted final rules that established additional disclosure requirements for notices and petitions for exemption where the underlying lease or line sale includes an interchange commitment. Information Required in Notices and Petitions Containing Interchange Commitments (2013 Final Rules), EP 714 (STB served Sept. 5, 2013). Interchange commitments are ‘‘contractual provisions included with a sale or lease of a rail line that limit the incentive or the ability of the purchaser or tenant carrier to interchange traffic with rail carriers other than the seller or lessor railroad.’’ Review of Rail Access & Competition Issues—Renewed Pet. of the W. Coal Traffic League, EP 575, slip op. at 1 (STB served Oct. 30, 2007). The purpose of this rulemaking was to improve the ability of the Board and affected parties to determine at the outset whether a transaction that includes an interchange commitment is appropriate for the exemption process or raises competitive issues that require a more detailed examination. The 2013 Final Rules’ addition of a requirement to certify the existence of any interchange commitments was intended to apply to all notices and petitions for exemption involving transactions where the underlying lease or line sale could include an interchange commitment. 2013 Final Rules 1, 3. The Board included such language in the amended versions of 1121.3(d)(1), 1150.33(h)(1), and 1150.43(h)(1). Due to an oversight, however, the introductory language of 49 CFR 1180.4(g)(4)(i) was not modified. This inadvertent error will now be addressed by amending 49 CFR 1180.4(g)(4)(i). Specifically, 49 CFR 1180.4(g)(4)(i) will now state that the filing party must certify whether or not a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive E:\FR\FM\17FER1.SGM 17FER1 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations economic inducement, or other means (‘‘interchange commitment’’). Futhermore, 49 CFR 1180.4(g)(4)(i) will now state that if such a provision or agreement exists, additional information must be provided (the information in paragraphs (g)(4)(i)(B), (D), and (G) of this section may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b)). As this action relates solely to the rules of agency practice and procedure, it will be issued as a final rule without requesting public comment.1 5 U.S.C. 553(b)(3)(A). In the 2013 Final Rules, the Board certified that the rules as amended would not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612. 2013 Final Rules 8. The Board further analyzed the burdens associated with the additional filing requirements pursuant to Paperwork Reduction Act (PRA), 44 U.S.C. 3501–3549 and stated its belief that the additional disclosure requirements would not discourage parties from entering into efficiencyenhancing transactions. See 2013 Final Rules 6, 8. Those analyses and conclusions apply equally to this decision, and therefore, we adopt those analyses and conclusions and certify under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the RFA. PART 1180—RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES 1. The authority for part 1180 continues to read as follows: ■ Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 10502, 11323–11325. 2. Amend § 1180.4 by revising paragraphs (g)(4)(i) introductory text to read as follows: ■ 1180.4 Procedures. * * * * * (g) * * * (4) Transactions imposing interchange commitments. (i) The filing party must certify whether or not a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (‘‘interchange commitment’’). If such a provision or agreement exists, the following additional information must be provided (the information in paragraphs (g)(4)(i)(B), (D), and (G) of this section may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b)): * * * * * [FR Doc. 2016–03199 Filed 2–16–16; 8:45 am] BILLING CODE 4915–01–P List of Subjects in 49 CFR Part 1180 Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements. It is ordered: 1. The Board adopts the final rule as set forth in this decision. Notice of the adopted rules will be published in the Federal Register. 2. This decision is effective on the date of publication. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 13 and 22 [Docket No. FWS–HQ–MB–2015–0155; FF09M21200–167–FXMB123209EAGL0L2] RIN 1018–BB20 asabaliauskas on DSK5VPTVN1PROD with RULES By the Board, Chairman Elliot, Vice Chairman Miller, and Commissioner Begman. Raina S. Contee, Clearance Clerk. Eagle Permits; Removal of Regulations Extending Maximum Permit Duration of Programmatic Nonpurposeful Take Permits For the reasons set forth in the preamble, the Surface Transportation Board amends part 1180 title 49, chapter X, of the Code of Federal Regulations as follows: AGENCY: 1 Board procedures allow for the issue of final rules without notice or comment when those rules are interpretive, general statements of policy, or relate to organization, procedure, or practice before the Board. See 49 CFR 1110.3(a). VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 Fish and Wildlife Service, Interior. ACTION: Final rule. We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that had the effect of vacating provisions of regulations governing eagle nonpurposeful take permits that SUMMARY: PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 8001 extended the maximum term of programmatic permits to 30 years. Pursuant to the U.S. District Court for the Northern District of California’s order dated August 11, 2015, and subsequent order amending judgment dated September 16, 2015, this rule removes regulatory provisions that extended maximum programmatic permit duration1 to 30 years and reinstates the previous 5-year limit. DATES: This action is effective February 17, 2016. ADDRESSES: This final rule is available on the Internet at https:// www.regulations.gov at Docket No. FWS–HQ–MB–2015–0155. It will also be available for inspection, by appointment, during normal business hours at U.S. Fish and Wildlife Service, Headquarters Office, 5275 Leesburg Pike, Falls Church, Virginia 22041– 3803. Call (703) 358–2329 to make arrangements. FOR FURTHER INFORMATION CONTACT: Eliza Savage, Eagle Program Manager, at the Headquarters Office (see ADDRESSES) or telephone (703) 358–2329. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 1–800–877–8337 for TTY assistance. SUPPLEMENTARY INFORMATION: Background In 2009, the Service published a rule authorizing the incidental take of eagles under the Bald and Golden Eagle Protection Act (16 U.S.C. 668–668d) (74 FR 46836, September 11, 2009). The rule authorized programmatic permits to cover long-term, incidental take of eagles by individual projects, including wind-energy facilities. On December 9, 2013, the Service published a rule to extend the maximum tenure for programmatic permits for nonpurposeful take of eagles from 5 to 30 years (78 FR 73704). The change was intended to promote the responsible development of projects that will be in operation for many decades and bring them into compliance with statutory mandates protecting eagles. In addition to extending the maximum term of programmatic permits, the rule added provisions for 5-year evaluations of longer term permits, increased the permit application processing fees for programmatic eagle permits, and provided permit transfer and right-ofsuccession for eagle nonpurposeful take permits. In 2014, a lawsuit was filed challenging the 2013 rule on the basis that the Service improperly excluded analysis of any environmental effects of the rule under the National E:\FR\FM\17FER1.SGM 17FER1

Agencies

Surface Transportation Board

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 8000-8001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03199]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1180

[Docket No. EP 714]


Information Required in Notices and Petitions Containing 
Interchange Commitments

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (STB or Board) is issuing a 
final rule to insert language that was inadvertently omitted when an 
amended rule was promulgated on September 5, 2013. This decision is 
effective on its date of publication.

DATES: This rule is effective on February 17, 2016.

FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm at (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On September 5, 2013, the Board, with Vice 
Chairman Begeman dissenting, adopted final rules that established 
additional disclosure requirements for notices and petitions for 
exemption where the underlying lease or line sale includes an 
interchange commitment. Information Required in Notices and Petitions 
Containing Interchange Commitments (2013 Final Rules), EP 714 (STB 
served Sept. 5, 2013). Interchange commitments are ``contractual 
provisions included with a sale or lease of a rail line that limit the 
incentive or the ability of the purchaser or tenant carrier to 
interchange traffic with rail carriers other than the seller or lessor 
railroad.'' Review of Rail Access & Competition Issues--Renewed Pet. of 
the W. Coal Traffic League, EP 575, slip op. at 1 (STB served Oct. 30, 
2007). The purpose of this rulemaking was to improve the ability of the 
Board and affected parties to determine at the outset whether a 
transaction that includes an interchange commitment is appropriate for 
the exemption process or raises competitive issues that require a more 
detailed examination.
    The 2013 Final Rules' addition of a requirement to certify the 
existence of any interchange commitments was intended to apply to all 
notices and petitions for exemption involving transactions where the 
underlying lease or line sale could include an interchange commitment. 
2013 Final Rules 1, 3. The Board included such language in the amended 
versions of 1121.3(d)(1), 1150.33(h)(1), and 1150.43(h)(1). Due to an 
oversight, however, the introductory language of 49 CFR 1180.4(g)(4)(i) 
was not modified. This inadvertent error will now be addressed by 
amending 49 CFR 1180.4(g)(4)(i). Specifically, 49 CFR 1180.4(g)(4)(i) 
will now state that the filing party must certify whether or not a 
proposed acquisition or operation of a rail line involves a provision 
or agreement that may limit future interchange with a third-party 
connecting carrier, whether by outright prohibition, per-car penalty, 
adjustment in the purchase price or rental, positive

[[Page 8001]]

economic inducement, or other means (``interchange commitment''). 
Futhermore, 49 CFR 1180.4(g)(4)(i) will now state that if such a 
provision or agreement exists, additional information must be provided 
(the information in paragraphs (g)(4)(i)(B), (D), and (G) of this 
section may be filed with the Board under 49 CFR 1104.14(a) and will be 
kept confidential without need for the filing of an accompanying motion 
for a protective order under 49 CFR 1104.14(b)).
    As this action relates solely to the rules of agency practice and 
procedure, it will be issued as a final rule without requesting public 
comment.\1\ 5 U.S.C. 553(b)(3)(A).
---------------------------------------------------------------------------

    \1\ Board procedures allow for the issue of final rules without 
notice or comment when those rules are interpretive, general 
statements of policy, or relate to organization, procedure, or 
practice before the Board. See 49 CFR 1110.3(a).
---------------------------------------------------------------------------

    In the 2013 Final Rules, the Board certified that the rules as 
amended would not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612. 2013 Final Rules 8. 
The Board further analyzed the burdens associated with the additional 
filing requirements pursuant to Paperwork Reduction Act (PRA), 44 
U.S.C. 3501-3549 and stated its belief that the additional disclosure 
requirements would not discourage parties from entering into 
efficiency-enhancing transactions. See 2013 Final Rules 6, 8. Those 
analyses and conclusions apply equally to this decision, and therefore, 
we adopt those analyses and conclusions and certify under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities within the meaning of the 
RFA.

List of Subjects in 49 CFR Part 1180

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    It is ordered:
    1. The Board adopts the final rule as set forth in this decision. 
Notice of the adopted rules will be published in the Federal Register.
    2. This decision is effective on the date of publication.

    By the Board, Chairman Elliot, Vice Chairman Miller, and 
Commissioner Begman.
Raina S. Contee,
Clearance Clerk.

    For the reasons set forth in the preamble, the Surface 
Transportation Board amends part 1180 title 49, chapter X, of the Code 
of Federal Regulations as follows:

PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION 
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES

0
1. The authority for part 1180 continues to read as follows:

    Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 
10502, 11323-11325.


0
2. Amend Sec.  1180.4 by revising paragraphs (g)(4)(i) introductory 
text to read as follows:


1180.4  Procedures.

* * * * *
    (g) * * *
    (4) Transactions imposing interchange commitments. (i) The filing 
party must certify whether or not a proposed acquisition or operation 
of a rail line involves a provision or agreement that may limit future 
interchange with a third-party connecting carrier, whether by outright 
prohibition, per-car penalty, adjustment in the purchase price or 
rental, positive economic inducement, or other means (``interchange 
commitment''). If such a provision or agreement exists, the following 
additional information must be provided (the information in paragraphs 
(g)(4)(i)(B), (D), and (G) of this section may be filed with the Board 
under 49 CFR 1104.14(a) and will be kept confidential without need for 
the filing of an accompanying motion for a protective order under 49 
CFR 1104.14(b)):
* * * * *
[FR Doc. 2016-03199 Filed 2-16-16; 8:45 am]
BILLING CODE 4915-01-P

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