60-Day Notice of Intent To Seek Extension of Approval of Collection: Demurrage Liability Disclosure Requirements, 65419-65421 [2023-20552]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 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 PRA_BurdenComments@state.gov 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 VerDate Sep<11>2014 16:40 Sep 21, 2023 Jkt 259001 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; PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 65419 • 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: E:\FR\FM\22SEN1.SGM 22SEN1 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 PRA@stb.gov. 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) lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 16:40 Sep 21, 2023 Jkt 259001 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22SEN1.SGM 22SEN1 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 PRA@stb.gov. 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 pedro.ramirez@stb.gov. 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:40 Sep 21, 2023 Jkt 259001 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. 65421 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65419-65421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20552]


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SURFACE TRANSPORTATION BOARD


60-Day Notice of Intent To Seek Extension of Approval of 
Collection: Demurrage Liability Disclosure Requirements

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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

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 an 
extension of

[[Page 65420]]

the collection of Demurrage Liability Disclosure Requirements, as 
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, 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 [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 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 direct-billing 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]
----------------------------------------------------------------------------------------------------------------
                                                                                    Burden for
                                                   New customer    Tariff update     invoicing     Total annual
                   Respondents                    burden (hours)  burden (hours)     agreement     burden hours
                                                                                      (hours)
----------------------------------------------------------------------------------------------------------------
6 Class I Carriers..............................             108               6             390             504
620 Non-Class I Carriers........................             620           206.7  ..............           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 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 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.

[[Page 65421]]

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


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