Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 64021 

3Business Entity Search, Ill. Sec’y of State, 

apps.ilsos.gov/businessentitysearch/ (click ‘‘Name’’ 

under ‘‘Choose a Search Method’’ and enter ‘‘Iowa 

Pacific Holdings’’ in the ‘‘Search for’’ box, click 

submit, then click the ‘‘IOWA PACIFIC HOLDINGS, 

LLC’’ entity which has ‘‘INVOLUNTARY 

DISSOLUTION’’ next to it) (last visited Sept. 5, 

2023). 

4 Id. (click ‘‘Name’’ under ‘‘Choose a Search 

Method’’ and enter ‘‘Permian Basin Railways’’ in 

the ‘‘Search for’’ box, click submit, then click the 

‘‘PERMIAN BASIN RAILWAYS, INC.’’ entity with 

‘‘DISSOLVED’’ next to it) (last visited Sept. 5, 2023). 

proceedings, the Blanca Spur was 

transferred from IPH to SLRG without 

Board authority, (id., Ex. C), before the 

bankruptcy trustee for SLRG sold the 

Blanca Spur to CP Rio Grande under a 

purchase and sale agreement in January 

2023, also without prior Board authority 

as required by 11 U.S.C. 1172. (Id. at 5.) 

CP Rio Grande indicates Mr. Vondrak 

cannot be located, and according to the 

Illinois Secretary of State’s listing of 

businesses registered in Illinois, IPH 

was involuntarily dissolved on June 10, 

2022.3 There is no indication that any 

former IPH personnel are involved with 

CP Rio Grande. Similarly, PBR is listed 

as having been dissolved on October 8, 

2021,4 and SLRG’s bankruptcy was 

discussed in greater detail in Colorado 

Pacific Rio Grande Railroad, FD 36656, 

slip op. at 1–2 (STB served Jan. 5, 2023). 

Under these circumstances, the Board 

will not require any further action 

regarding the earlier acquisitions and 

transfers of the Blanca Spur. 

The acquisition of a rail line by a 

Class III carrier requires prior approval 

from the Board under 49 U.S.C. 

10902(a). Under 49 U.S.C. 10502(a), 

however, the Board must exempt a 

transaction or service from regulation 

upon finding that (1) the regulation is 

not necessary to carry out the rail 

transportation policy (RTP) under 49 

U.S.C. 10101 and (2) either the 

transaction or service is of limited scope 

or regulation is not needed to protect 

shippers from the abuse of market 

power. 

The Board finds that an after-the-fact 

exemption should be granted for CP Rio 

Grande’s acquisition of the Blanca Spur. 

Detailed scrutiny of the proposed 

transaction through an application for 

review under 49 U.S.C. 10902 is not 

necessary here to carry out the RTP, and 

an exemption would promote the RTP 

by minimizing the need for regulatory 

control over the transaction (49 U.S.C. 

10101(2)), ensuring the development 

and continuation of a sound rail 

transportation system able to compete 

with other modes of transportation and 

meet the needs of the public and 

national defense (49 U.S.C. 10101(4)), 

minimizing the need for regulatory 

barriers for entry into and exit from the 

industry (49 U.S.C. 10101(7)), 

encouraging honest and efficient 

management of railroads (49 U.S.C. 

10101(9)), and providing for the 

expeditious handling and resolution of 

proceedings required or permitted to be 

brought under this part (49 U.S.C. 

10101(15)). Other aspects of the RTP 

will not be adversely affected. 

Regulation of the transaction is not 

needed to protect shippers from an 

abuse of market power. CP Rio Grande 

purchased the Blanca Spur out of 

bankruptcy for the purpose of investing 

in the track and developing business for 

existing and new shippers. Granting the 

exemption would ensure that service 

along the Blanca Spur can continue 

because CP Rio Grande will have a 

common carrier obligation to provide 

service upon reasonable request along 

the track. 

Under 49 CFR 1105.6(c)(1), this 

action, which will not result in 

significant changes in carrier operations, 

is categorically excluded from 

environmental review. Similarly, under 

49 CFR 1105.8(b)(1), no historic report 

is required because the subject 

transaction is for continued rail service, 

CP Rio Grande has indicated no plans 

to alter railroad properties 50 years old 

or older, and any future abandonment of 

the Blanca Spur would be subject to 

Board jurisdiction. 

It is ordered: 

1. Under 49 U.S.C. 10502, the Board 

exempts CP Rio Grande’s acquisition 

and operation of the Blanca Spur from 

the prior approval requirements of 49 

U.S.C. 10902. 

2. Notice of this exemption will be 

published in the Federal Register. 

3. This decision will be effective on 

October 18, 2023. Petitions for stay must 

be filed by September 28, 2023. 

Petitions to reopen must be filed by 

October 9, 2023. 

Decided: September 11, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Regena Smith-Bernard, 

Clearance Clerk. 

[FR Doc. 2023–20072 Filed 9–15–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–25] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, this notice 

announces that FRA is forwarding the 

Information Collection Request (ICR) 

summarized below to the Office of 

Management and Budget (OMB) for 

review and comment. The ICR describes 

the information collection and its 

expected burden. On July 5, 2023, FRA 

published a notice providing a 60-day 

period for public comment on the ICR. 

DATES: Interested persons are invited to 

submit comments on or before October 

18, 2023. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be sent within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find the particular ICR by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: 

joanne.swafford@dot.gov or telephone: 

(757) 897–9908 or arlette.mussington@

dot.gov or telephone: (571) 609–1285. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 

through 1320.12. On July 5, 2023, FRA 

published a 60-day notice in the Federal 

Register soliciting comment on the ICR 

for which it is now seeking OMB 

approval. See 88 FR 43002. FRA 

received no comments related to the 

proposed collection of information. 

Before OMB decides whether to 

approve the proposed collection of 

information, it must provide 30 days for 

public comment. Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507(b)–(c); 5 CFR 


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64022 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 

1320.12(a); see also 60 FR 44978, 44983 

Aug. 29, 1995. OMB believes the 30-day 

notice informs the regulated community 

to file relevant comments and affords 

the agency adequate time to digest 

public comments before it renders a 

decision. 60 FR 44983, Aug. 29, 1995. 

Therefore, respondents should submit 

their respective comments to OMB 

within 30 days of publication to best 

ensure having their full effect. 

Comments are invited on the 

following ICR regarding: (1) Whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

information will have practical utility; 

(2) the accuracy of FRA’s estimates of 

the burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways to minimize the 

burden of information collection 

activities on the public, including the 

use of automated collection techniques 

or other forms of information 

technology. 

The summary below describes the ICR 

that FRA will submit for OMB clearance 

as the PRA requires: 

Title: Railroad Communications. 

OMB Control Number: 2130–0524. 

Abstract: The railroad 

communications regulations in 49 CFR 

part 220 prescribe the minimum 

requirements governing wireless 

communications used in rail operations 

as well as establish the prohibitions, 

restrictions, and requirements that 

apply to the use of personal and 

railroad-supplied cellular telephones 

and other electronic devices. FRA 

amended its radio standards and 

procedures to: promote compliance by 

making the regulations more flexible; 

require wireless communications 

devices, including radios, for specified 

classifications of railroad operations and 

roadway workers; and retitle this part to 

reflect its coverage of other means of 

wireless communications, such as 

cellular telephones and data radio 

terminals, to convey emergency and 

need-to-know information. The 

amended regulations established safe, 

uniform procedures covering the use of 

radio and other wireless 

communications within the railroad 

industry. 

Type of Request: Extension without 

change (with changes in estimates) of a 

currently approved collection. 

Affected Public: Businesses. 

Form(s): N/A. 

Respondent Universe: 746 railroads. 

Frequency of Submission: On 

occasion. 

Total Estimated Annual Responses: 

4,119,004. 

Total Estimated Annual Burden: 

95,902 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $6,048,539.14. 

FRA informs all interested parties that 

it may not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information that does 

not display a currently valid OMB 

control number. 

Authority: 44 U.S.C. 3501–3520. 

Christopher S. Van Nostrand, 

Acting Deputy Chief Counsel. 

[FR Doc. 2023–20131 Filed 9–15–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2023–0021] 

Agency Information Collection Activity 

Under OMB Review: Title VI as It 

Applies to Federal Transit 

Administration (FTA) Grant Programs 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve the extension 

of a currently approved information 

collection: Title VI as it Applies to FTA 

Grant Programs. 

DATES: Comments must be submitted 

before November 17, 2023. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Website: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site. (Note: The U.S. 

Department of Transportation’s (DOT’s) 

electronic docket is no longer accepting 

electronic comments.) All electronic 

submissions must be made to the U.S. 

Government electronic docket site at 

www.regulations.gov. Commenters 

should follow the directions below for 

mailed and hand-delivered comments. 

2. Fax: 202–366–7951. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9:00 a.m. and 5:00 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to internet users, 

without change, to www.regulations.gov. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published April 11, 2000, (65 

FR 19477), or you may visit 

www.regulations.gov. Docket: For access 

to the docket to read background 

documents and comments received, go 

to www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Golba at (202) 366–1065, or 

email: Andrew.Golba@dot.gov. 

SUPPLEMENTARY INFORMATION: Interested 

parties are invited to send comments 

regarding any aspect of this information 

collection, including: (1) the necessity 

and utility of the information collection 

for the proper performance of the 

functions of the FTA; (2) the accuracy 

of the estimated burden; (3) ways to 

enhance the quality, utility, and clarity 

of the collected information; and (4) 

ways to minimize the collection burden 

without reducing the quality of the 

collected information. Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval of this 

information collection. 

Title: Title VI as It Applies to FTA 

Grant Programs OMB Number: 2132– 

0540. 

Background: Title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d) 

states: 

‘‘No person in the United States shall, 

on the grounds of race, color, or national 


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