View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2140-0023
ICR Reference No:
202310-2140-002
Status:
Active
Previous ICR Reference No:
202002-2140-003
Agency/Subagency:
STB
Agency Tracking No:
Title:
Statutory Licensing Authority
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/17/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/18/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2027
36 Months From Approved
07/31/2024
Responses
115
0
122
Time Burden (Hours)
7,300
0
4,257
Cost Burden (Dollars)
2,100
0
1,750
Abstract:
Various provisions of the Interstate Commerce Act require rail carriers and noncarriers to file applications with the Board to seek licensing authority to construct or abandon a line of railroad, transfer rights in a line of railroad, or consolidate ownership in a railroad through a merger or common-control arrangement under 49 U.S.C. §§ 10901-05 and 11323, or to obtain an exemption (through a petition or notice) from filing such an application under 49 U.S.C. § 10502. Pursuant to 49 C.F.R. § 1121.3(d), the Board requires that if a proposed transaction to acquire (by sale or lease) or operate a rail line includes an agreement containing an interchange commitment(whether through restrictions or incentives), the party seeking Board authorization for such transaction must identify the presence of such an interchange commitment and must file with the Board a confidential, unredacted copy of that sales or lease agreement and any related documents containing the terms of such commitment.
Authorizing Statute(s):
US Code:
49 USC 11323
Name of Law: Consolidation, merger, and acquisition of control
US Code:
49 USC 11324
Name of Law: Consolidation, merger, and acquisition of control: conditions of approval
US Code:
49 USC 10901
Name of Law: Construction and Operations applications
US Code:
49 USC 11325
Name of Law: Consolidation, merger, and acquisition of control: procedure
US Code:
49 USC 10903
Name of Law: Abandonment applications
US Code:
49 USC 11326
Name of Law: Employee protective arrangements in transactions involving rail carriers
US Code:
49 USC 10502
Name of Law: Exemptions
US Code:
49 USC 1321
Name of Law: Powers
US Code:
49 USC 10902
Name of Law: Short Line Purchases
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 52237
08/07/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 71922
10/18/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Disclosure of Rail Interchange Commitments
Statutory Licensing Authority
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
115
122
0
0
-7
0
Annual Time Burden (Hours)
7,300
4,257
0
0
3,043
0
Annual Cost Burden (Dollars)
2,100
1,750
0
0
350
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This is an existing collection, which is being adjusted to update the burdens and costs based on the actual number of recent filings, using a recent three-year average. Based on the difference between the currently applicable three-year average (2020-2022) and the previously used three-year average (using 2017-2019), the estimated number of applications increased by four filings, petitions increased by three, notices decreased by 15, and interchange commitments increased by one. Additionally, the estimated number of burden hours increased for all types of filings with applications increasing by 51 hours, petitions by 17, notices by six, and interchange commitments by two. As a result of the estimated distribution and hourly burden changes, there is a net hourly burden increase of approximately 3,043 burden hours.
Annual Cost to Federal Government:
$334,294
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Christopher Oehrle 202 245-0375 Christopher.Oehrle@stb.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/18/2023
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