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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
notice of exemption on parties of record within 5 days after the verified notice of exemption is filed and shall publish that notice in the Federal Register. The publication of notices under 1180.2d will indicate the labor protection required.
iv If the notice contains false or misleading information that is brought to the Boards attention, the Board shall summarily revoke the exemption for that carrier and require divestiture.
v The filing of a petition to revoke under 49 U.S.C. 10502d does not stay the effectiveness of an exemption.
Except for notices filed under 1180.2d9, stay petitions must be filed at least 7 days before the exemption becomes effective. For notices filed under 1180.2d9, stay petitions should be filed as soon as possible before the exemption becomes effective.
vi Other exemptions that may be relevant to a proposal under this provision are codified at 49 CFR part 1150, subpart D, which governs transactions under 49 U.S.C. 10901.

3i Except for notices filed under 1180.2d7, 8, or 9, the filing party must certify whether 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.
Note: The following will not appear in the Code of Federal Regulations.

Appendix Information Collected Under the Paperwork Reduction Act As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 PRA, 44
U.S.C. 35013521, the Surface Transportation Board Board gives notice that it is requesting from the Office of Management and Budget OMB approval for the revision and extension of the currently approved information collection, Statutory Licensing Authority OMB Control Number: 2140
0023, as described below. The requested revision to the existing, approved collection by this notice of proposed rulemaking NPRM is expected to 1 provide parties with an emergency temporary trackage rights exemption to replace the need for submitting both a notice of exemption and a separate petition for waiver and 2 in the event that the use of the temporary emergency trackage rights ceases to be necessary during the exemption period, require a short notice stating such.
Description of Collection Title: Statutory Licensing Authority.
OMB Control Number: 21400023.
STB Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Rail carriers and non-carriers seeking statutory licensing or consolidation
authority or an exemption from filing an application for such authority including, in some circumstances, a certification regarding whether the transaction at issue imposes interchange commitments.
Number of Respondents: 80.
Total Burden Hours annually including all respondents: 4,203 sum of estimated hours per response number of responses for each type of filing, including the increase and decrease in burdens under the NPRM. The tables below show the burden impact of the NPRM, including the a current estimates for the existing collection, b reduction in estimates due to the NPRM, and c increase in estimates due to the NPRM.
As provided in Table 1Estimated Average Number of Responses below, the Board maintains its existing, approved collection of three applications, 12 petitions for exemption, 103 notices of exemption, and four certifications regarding interchange commitments annually based on an actual three-year average FY 20182020 of filings.
Table 1 also shows the expected decrease and increase in filings under the NPRM.
Similarly, Table 2Estimated Number of Hours per Response shows both the existing estimated burden hours for each existing response and provides the estimated burdens for the increase and decrease of responses under the NPRM. When multiplied by the number of hours for each type of filing, as provided in Table 2, the estimated annual burden hours for 122 responses are 4,203
hours sum of estimated hours per response number of responses for each type of filing, as shown in Table 3Total Estimated Annual Burden Hours.
Frequency: On occasion.

TABLE 1ESTIMATED AVERAGE NUMBER OF RESPONSES
Average number of filings per year
Type of filing Existing filings:
Applications
Petitions
Notices
Interchange commitments certifications
Reductions in filingsProposed:
Notices previously used
Petitions for waiver no longer necessary
Additions in filingsProposed:
New Notices emergency trackage rights exemptions
New notices regarding cessation of trackage rights
Total estimated filings

3
12
103
4 2
2 2
2 122

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TABLE 2ESTIMATED NUMBER OF HOURS PER RESPONSE
Number of hours per response
Type of filing Existing filings:
Applications
Petitions
Notices
Interchange commitments certifications
Reductions in filingsProposed:
Notices previously used
Petitions for waiver no longer necessary

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