38986 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 

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: Demurrage Liability Disclosure 

Requirements. 

OMB Control Number: 2140–0021. 

STB Form Number: None. 

Type of Review: Extension with 

change (relating to the change in burden 

hours based on the estimated decrease 

in (a) the number of respondents from 

650 to 575 and (b) the time per response 

from eight hours to one hour, due to fact 

that the unique burdens associated with 

the initiation of the collection no longer 

exist). 

Respondents: Freight railroads subject 

to the Board’s jurisdiction. 

Number of Respondents: 575 

(including seven Class I [i.e., large] 

railroads). 

Estimated Time per Response: One 

hour. 

Frequency: Occasionally. The notice 

requirement is triggered in two 

circumstances: (1) When a shipper 

initially arranges with a railroad for 

transportation of goods pursuant to the 

railroad’s tariff; or (2) when a railroad 

changes the terms of its demurrage 

tariff. 

Total Burden Hours (annually 

including all respondents): 864.6 hours. 

Board staff estimates that: (1) Seven 

Class I railroads will each take on 15 

new customers each year (105 hours); 

(2) each of the seven Class I railroads 

will update its demurrage tariffs every 

three years (2.3 hours annualized); (3) 

568 non-Class I railroads will each take 

on one new customer a year (568 hours); 

and (4) each non-Class I railroad will 

update its demurrage tariffs every three 

years (189.3 hours annualized). 

Total ‘‘Non-hour Burden’’ Cost: No 

non-hourly cost burdens associated with 

this collection have been identified. The 

notice may be provided electronically. 

Needs and Uses: Demurrage is a 

charge that railroads assess their 

customers for detaining rail cars beyond 

a specified amount of time. It both 

compensates railroads for expenses 

incurred for that rail car, and serves as 

a penalty for undue car detention to 

promote efficiency. Demurrage is 

subject to the Board’s jurisdiction under 

49 U.S.C. 10702 and 10746, which 

require railroads to compute demurrage 

charges and to establish demurragerelated rules. 

A railroad and its customers may 

enter into demurrage contracts without 

providing notice, but, in the absence of 

such contracts, demurrage will be 

governed by the railroad’s demurrage 

tariff. 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 only required 

when the tariff changes materially. The 

parties use the information in these 

disclosure requirements to avoid 

demurrage disputes, and the Board uses 

the information to resolve demurrage 

disputes that come before the agency. 

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. Section 3507(b) of 

the PRA requires, concurrent with an 

agency’s submitting a collection to OMB 

for approval, a 30-day notice and 

comment period through publication in 

the Federal Register concerning each 

proposed collection of information. 

Dated: August 11, 2017. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2017–17340 Filed 8–15–17; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

60-Day Notice of Intent To Seek 

Extension of Approval: Applications 

for Land-Use-Exemption Permits 

AGENCY: Surface Transportation Board. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995, the Surface Transportation 

Board (STB or Board) gives notice that 

it is requesting from the Office of 

Management and Budget (OMB) an 

extension of approval for the collection 

of Applications for Land-Use-Exemption 

Permits (for Solid Waste Rail Transfer 

Facilities). 

DATES: Comments on this information 

collection should be submitted by 

October 13, 2017. 

ADDRESSES: 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: Applications for LandUse-Exemption Permits.’’ 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding Land-UseExemption Permits, contact pra@

stb.gov, or submit your question at 

https://www.stb.gov/Ect1/ 

ecorrespondence.nsf/ 

incoming?OpenForm. [Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

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: Applications for Land-UseExemption Permits. 

OMB Control Number: 2140–0018. 

STB Form Number: None. 

Type of Review: Extension without 

change. 

Respondents: Any applicant seeking a 

land-use-exemption permit. 

Number of Respondents: One. 

Estimated Time Per Response: 160 

hours. 

Frequency: On occasion. 

Total Burden Hours (annually 

including all respondents): 160 hours. 

Total ‘‘Non-hour Burden’’ Cost: An 

estimated $200,000 to hire an 

environmental consultant to work with 

Board staff on the required 

environmental report. 

Needs and Uses: Pursuant to 49 

U.S.C. 10501(c)(2), as amended by the 

Clean Railroads Act of 2008 (CRA), 49 

U.S.C. 10908–10910, the Board adopted 

final rules in Solid Waste Rail Transfer 

Facilities, EP 684 (STB served Nov. 20, 

2012). Under these rules, a person 

seeking a Land-Use-Exemption Permit 

must file an application including 

substantial facts and argument as to why 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38987 

a permit is necessary and, as required by 

the National Environmental Policy Act, 

an environmental report and/or an 

environmental impact statement. To 

date, the Board has not received any 

applications under these rules. 

Under 49 CFR 1155.20, an applicant 

is required to file a notice of intent to 

apply for a land-use-exemption permit 

before filing its application. A suggested 

form for this notice may be found in 

Appendix A to 49 CFR part 1155. 

Further, under 49 CFR 1155.21(e), an 

application must include a draft Federal 

Register notice. A suggested form for the 

draft Federal Register notice may be 

found at Appendix B to part 1155. 

This collection is needed to develop 

a record in land-use-exemption-permit 

proceedings, a process mandated by 

Congress in the CRA. The Board uses 

the information in this collection to 

accurately assess the merits of a permit 

application. 

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: August 11, 2017. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2017–17306 Filed 8–15–17; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2017–0015] 

2017 Special 301 Out-of-Cycle Review 

of Notorious Markets: Comment 

Request 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) 

requests written comments that identify 

online and physical markets based 

outside the United States that should be 

included in the 2017 Notorious Markets 

List (List). Conducted under the 

auspices of the Special 301 program, the 

List identifies online and physical 

marketplaces that reportedly engage in 

and facilitate substantial copyright 

piracy and trademark counterfeiting. In 

2010, USTR began publishing the 

Notorious Markets List separately from 

the annual Special 301 Report as an 

‘‘Out-of-Cycle Review.’’ 

DATES: 

October 2, 2017 at midnight EST: 

Deadline for submission of written 

comments. 

October 16, 2017 at midnight EST: 

Deadline for submission of rebuttal 

comments and other information USTR 

should consider during the review. 

ADDRESSES: You should submit written 

comments through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments in 

section III below. For alternatives to online submissions, please contact USTR 

at Special301@ustr.eop.gov before 

transmitting a comment and in advance 

of the relevant deadline. 

FOR FURTHER INFORMATION CONTACT: 

Christine Peterson, Director for 

Intellectual Property and Innovation, at 

Special301@ustr.eop.gov. You can find 

information about the Special 301 

Review, including the Notorious 

Markets List, at www.USTR.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The United States is concerned with 

trademark counterfeiting and copyright 

piracy on a commercial scale because 

they cause significant financial losses 

for rights holders, legitimate businesses 

and governments, undermine critical 

U.S. comparative advantages in 

innovation and creativity to the 

detriment of American workers, and 

potentially pose significant risks to 

consumer health and safety as well as 

privacy and security. The Notorious 

Markets List identifies select online and 

physical marketplaces that reportedly 

engage in or facilitate substantial 

copyright piracy and trademark 

counterfeiting. 

Beginning in 2006, USTR identified 

notorious markets in the annual Special 

301 Report. In 2010, pursuant to the 

Administration’s 2010 Joint Strategic 

Plan on Intellectual Property 

Enforcement, USTR announced that it 

would publish the List as an Out-ofCycle Review, separate from the annual 

Special 301 Report. USTR published the 

first List in February 2011. USTR 

develops the annual List based upon 

public comments solicited through the 

Federal Register and in consultation 

with other Federal agencies that serve 

on the Special 301 Subcommittee of the 

Trade Policy Staff Committee. 

The United States encourages owners 

and operators of markets reportedly 

involved in piracy and counterfeiting to 

adopt business models that rely on the 

licensed distribution of legitimate 

content and products and to work with 

rights holders and enforcement officials 

to address infringement. USTR also 

encourages responsible government 

authorities to intensify their efforts to 

investigate reports of piracy and 

counterfeiting in such markets, and to 

pursue appropriate enforcement actions. 

The List does not purport to reflect 

findings of legal violations, nor does it 

reflect the United States Government’s 

analysis of the general intellectual 

property rights (IPR) protection and 

enforcement climate in the country or 

countries concerned. For an analysis of 

the IPR climate in particular countries, 

please refer to the annual Special 301 

Report, published each spring no later 

than 30 days after USTR submits the 

National Trade Estimate to Congress. 

II. Public Comments 

USTR invites written comments 

concerning examples of online and 

physical notorious markets, including 

foreign trade zones that allegedly 

facilitate substantial trademark 

counterfeiting and copyright piracy. To 

facilitate the review, written comments 

should be as detailed as possible. 

Comments must clearly identify the 

market and the reasons why the 

commenter believes that the market 

should be included in the List. 

Commenters should include the 

following information, as applicable: 

• If a physical market, the market’s 

name and location, e.g., common name, 

street address, neighborhood, shopping 

district, city, etc., and the identity of the 

principal owners/operators. 

• If an online market: 

Æ The domain name(s) past and 

present, available registration 

information, and name(s) and 

location(s) of the hosting provider(s) 

and operator(s). 

Æ Information on the volume of 

Internet traffic associated with the Web 

site, including number of visitors and 

page views, average time spent on the 

site, estimate of the number of 

infringing goods offered, sold or traded 

and number of infringing files streamed, 

shared, seeded, leeched, downloaded, 

uploaded or otherwise distributed or 

reproduced, and global or country 

popularity rating (e.g., Alexa rank). 

Æ Revenue sources such as sales, 

subscriptions, donations, upload 

incentives, or advertising and the 


asabaliauskas on DSKBBXCHB2PROD with NOTICES