73388 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 

3See Securities Exchange Act Release No. 97421 

(May 2, 2023), 88 FR 29725 (May 8, 2023). 

4 15 U.S.C. 78s(b)(2). 

5See Securities Exchange Act Release No. 97727 

(June 14, 2023), 88 FR 40366 (June 21, 2023). The 

Commission designated August 6, 2023, as the date 

by which the Commission shall approve or 

disapprove, or institute proceedings to determine 

whether to approve or disapprove, the proposed 

rule change. 

6See letter from Ellen Greene, Managing Director, 

Equities & Options Market Structure, SIFMA, to 

Vanessa Countryman, Secretary, Commission, dated 

July 5, 2023. 

7 15 U.S.C. 78s(b)(2)(B). 

8See Securities Exchange Act Release No. 34– 

98541 (Sept. 26, 2023), 88 FR 67834 (Oct. 2, 2023). 

The Commission designated January 3, 2024, as the 

date by which the Commission would approve or 

disapprove the proposed rule change. 

9 17 CFR 200.30–3(a)(12). 

May 8, 2023.3 On June 14, 2023, 

pursuant to Section 19(b)(2) of the Act,4

the Commission designated a longer 

period within which to approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether to 

approve or disapprove the proposed 

rule change.5 The Commission received 

one comment regarding the proposal.6

On August 2, 2023, the Commission 

instituted proceedings under Section 

19(b)(2)(B) of the Act 7 to determine 

whether to approve or disapprove the 

proposed rule change. On September 26, 

2023, the Commission designated a 

longer period within which to 

determine to approve or disapprove the 

proposed rule change.8 On October 12, 

2023, the Exchange withdrew the 

proposed rule change (SR–MIAX–2023– 

19). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–23497 Filed 10–24–23; 8:45 am] 

BILLING CODE 8011–01–P 

SURFACE TRANSPORTATION BOARD 

60-Day Notice of Intent To Seek 

Approval for Information Collections: 

Joint Notice of Intent To Arbitrate and 

Notice of Availability for Arbitrator 

Roster 

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 

the information collections of the Joint 

Notice of Intent to Arbitrate and Notice 

of Availability for Arbitrator Roster, as 

described separately below. 

DATES: Comments on these information 

collections should be submitted by 

December 26, 2023. 

ADDRESSES: Direct all comments to 

Chris Oehrle, 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, 

Arbitration Procedures under 49 CFR 

1108.’’ For further information regarding 

this collection, contact Michael Higgins, 

Deputy Director, Office of Public 

Assistance, Governmental Affairs, and 

Compliance, at (202) 245–0284 or at 

RCPA@stb.gov. If you require an 

accommodation under the Americans 

with Disabilities Act, please call (202) 

245–0245. 

SUPPLEMENTARY INFORMATION: Comments 

are requested concerning: (1) the 

accuracy of the Board’s burden 

estimates; (2) ways to enhance the 

quality, utility, and clarity of the 

information collected; (3) 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; and (4) whether the 

collection of information is necessary 

for the proper performance of the 

functions of the Board, including 

whether the collection has practical 

utility. Submitted comments will be 

summarized and included in the 

Board’s request for OMB approval. 

Description of Information Collections 

OMB Control Number: 2140–0038. 

Information Collection 1 

Title: Joint Notice of Intent to 

Arbitrate. 

STB Form Number: None. 

Type of Review: Extension without 

change. 

Respondents: Parties seeking to 

submit to arbitration certain matters 

before the Board. 

Number of Respondents: One. 

Estimated Time per Response: One 

hour. 

Frequency: On occasion. 

Total Burden Hours (annually 

including all respondents): One hour. 

Total ‘‘Non-hour Burden’’ Cost: None 

identified. Filings are submitted 

electronically to the Board. 

Needs and Uses: Under 49 CFR 

1108.5, arbitration commences with a 

written complaint that contains a 

statement that the relevant parties are 

participants in the Board’s arbitration 

program, or that the complainant is 

willing to arbitrate the dispute pursuant 

to the Board’s arbitration procedures. 

The respondent’s answer to the written 

complaint must then indicate the 

respondent’s participation in the 

Board’s arbitration program or its 

willingness to arbitrate the dispute at 

hand pursuant to the Board’s arbitration 

procedures. 

As an alternative to filing a written 

complaint, parties may submit a joint 

notice to the Board, indicating the 

consent of both parties to submit an 

issue in dispute to the Board’s 

arbitration program. In the joint notice, 

parties state the issue(s) that they are 

willing to submit to arbitration. The 

notice must contain a statement that 

would indicate that all relevant parties 

are participants in the Board’s 

arbitration program pursuant to 

1108.3(a), or that the relevant parties are 

willing to arbitrate voluntarily a matter 

pursuant to the Board’s arbitration 

procedures, and the relief requested. 

The notice must also indicate whether 

parties have agreed to a three-member 

arbitration panel or a single arbitrator 

and must indicate whether the parties 

have mutually agreed to a lower amount 

of potential liability in lieu of the 

monetary award cap that would 

otherwise be applicable. The joint 

notice encourages greater use of 

arbitration to resolve disputes at the 

Board. 

Information Collection 2 

Title: Notice of Availability for 

Arbitrator Roster. 

STB Form Number: None. 

Type of Review: Extension without 

change. 

Respondents: Potential arbitrators. 

Number of Respondents: 23. 

Estimated Time per Response: One 

hour. 

Frequency: Annually. 

Total Burden Hours (annually 

including all respondents): 23 hours. 

Total ‘‘Non-hour Burden’’ Cost: None 

identified. Filings are submitted 

electronically to the Board. 

Needs and Uses: Under 49 CFR 

1108.6(b), an arbitration roster is 

compiled by the Chairman, and 

potential interested, qualified persons 

who wish to be placed on the Board’s 

arbitration roster must submit notice of 

their availability to be added to the 

roster. The Chairman may augment the 

roster at any time to include eligible 

arbitrators and remove from the roster 

any arbitrators who are no longer 

available or eligible. Potential arbitrators 

must also update their availability and 

information annually, if they wish to 

remain available for the arbitration 


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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 73389 

roster. The arbitration rosters are 

available to the public on the Board’s 

website at https://www.stb.gov/ 

resources/litigation-alternatives/ 

arbitration/#arbitration-procedures. 

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. 

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: October 20, 2023. 

Eden Besera, 

Clearance Clerk. 

[FR Doc. 2023–23600 Filed 10–24–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

60-Day Notice of Intent To Seek 

Extension of Approval for Information 

Collection: Rail Service Data 

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 

the information collection of Rail 

Service Data, as described below. 

DATES: Comments on this information 

collection should be submitted by 

December 26, 2023. 

ADDRESSES: Direct all comments to 

Chris Oehrle, 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, 

Rail Service Data.’’ For further 

information regarding this collection, 

contact Michael Higgins, Deputy 

Director, Office of Public Assistance, 

Governmental Affairs, and Compliance 

(OPAGAC), at (202) 245–0284 and at 

Michael.Higgins@stb.gov. If you require 

an accommodation under the Americans 

with Disabilities Act, please call (202) 

245–0245. 

SUPPLEMENTARY INFORMATION: Comments 

are requested concerning: (1) the 

accuracy of the Board’s burden 

estimates; (2) ways to enhance the 

quality, utility, and clarity of the 

information collected; (3) 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; and (4) whether the 

collection of information is necessary 

for the proper performance of the 

functions of the Board, including 

whether the collection has practical 

utility. Submitted comments will be 

summarized and included in the 

Board’s request for OMB approval. 

Description of Collection 

Title: Rail Service Data Collection. 

OMB Control Number: 2140–0033. 

STB Form Number: None. 

Type of Review: Extension without 

change. 

Respondents: Class I railroads (on 

behalf of themselves and the Chicago 

Transportation Coordination Office 

(‘‘CTCO’’)). 

Number of Respondents: Seven. 

Estimated Time per Response: The 

collection seeks three related responses, 

as indicated in the table below. 

TABLE—ESTIMATED TIME PER

RESPONSE

Type of responses 

Estimated 

time per 

response 

(hours) 

Weekly .................................. 1.5 

Semi-annual .......................... 7 

On occasion .......................... 7 

Frequency: The frequencies of the 

collection are set forth in the table 

below. 

TABLE—FREQUENCY OF RESPONSES

Type of responses 

Frequency of 

responses 

(years) 

Weekly .................................. 52 

Semi-annual .......................... 2 

On occasion .......................... 1 

Total Burden Hours (annually 

including all respondents): The total 

annual burden hours are estimated to be 

no more than 651 hours per year, as 

indicated in the table below. 

TABLE—TOTAL BURDEN HOURS

[Per year] 

Type of responses Number of 

respondents 

Estimated 

time per 

response 

(hours) 

Frequency 

of responses 

(years) 

Total yearly 

burden 

(hours) 

Weekly ............................................................................................................. 7 1.5 52 546

Semi-annual ..................................................................................................... 7 7 2 98 

On occasion ..................................................................................................... 1 7 1 7 

Total .......................................................................................................... ........................ ........................ ........................ 651 

Total ‘‘Non-hour Burden’’ Cost: There 

are no other costs identified because 

filings are submitted electronically to 

the Board. 

Needs and Uses: Under 49 CFR part 

1250, the Board requires the nation’s 

seven Class I (large) railroads and the 

Chicago Transportation Coordination 

Office (CTCO), through its Class I 

members, to report certain railroad 

service performance metrics on a 

weekly basis and certain other 

information on a semi-annual and 

occasional basis. This collection of rail 

service data aids the Board in 

identifying rail service issues, allowing 

the Board to better understand current 

service issues and to identify and 

address potential future regional and 

national service disruptions more 

quickly. The transparency resulting 

from this collection also benefits rail 

shippers and other stakeholders by 

helping them to better plan operations 

and make informed decisions based on 

publicly available, near real-time data 


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