Rules and Regulations. Notice and Request for Comments

Agency: Surface Transportation Board
Action: Notice and Request for Comments
Citation: FR Doc. 2020-08957

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 extensions of the collections regarding petitions for declaratory order and petitions for relief not otherwise specified, as described below. The Board previously published a notice about these collections in the Federal Register on February 24, 2020 (85 FR 10508). That notice allowed for a 60-day public review and comment period. No comments were received. DATE: Comments on these information collections should be submitted by May 28, 2020.

Supplementary Information

For each collection, 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 Collections Collection Number 1 Title: Petitions for declaratory order. OMB Control Number: 2140-0031. STB Form Number: None. Type of Review: Extension without change. Respondents: Affected shippers, railroads, communities, and other stakeholders that choose to seek a declaratory order from the Board to terminate a controversy or remove uncertainty. Number of Respondents: Approximately 10. Estimated Time Per Response: 183 hours. Frequency: On occasion. In calendar years 2017-2019, approximately 10 petitions for declaratory order were filed with the Board per year. Total Burden Hours (annually including all respondents): 1,830 hours (estimated hours per petition (183) × total number of petitions (10)). Total “Non-hour Burden” Cost: $12,360 (estimated non-hour burden cost per petition ($1,236) × total number of petitions (10)). Needs and Uses: Under 5 U.S.C. 554(e) and 49 U.S.C. 1321, the Board may issue a declaratory order to terminate a controversy or remove uncertainty. Because petitions for declaratory order can encompass a broad range of issues and types of requests, the Board does not prescribe specific instructions for their filing. The collection by the Board regarding petitions for declaratory order that parties choose to file enables the Board to meet its statutory duty to regulate the rail industry. Collection Number 2 Title: Petitions for relief not otherwise provided. OMB Control Number: 2140-0030. STB Form Number: None. Type of Review: Extension without change. Respondents: Affected shippers, railroads, communities, and other stakeholders that seek to address issues under the Board's jurisdiction that are not otherwise specifically provided for under the Board's other regulatory provisions. Number of Respondents: Approximately four. Estimated Time Per Response: 25 hours. Frequency: On occasion. In calendar years 2017-2019, approximately four petitions of this type were filed with the Board per year. Total Burden Hours (annually including all respondents): 100 hours (estimated hours per petition (25) × total number of petitions (4)). Total “Non-hour Burden” Cost: $280 (estimated non-hour burden cost per petition ($70) × total number of petitions (four)). Needs and Uses: Under 49 U.S.C. 1321 and 49 CFR part 1117 (the Board's catch-all petition provision), shippers, railroads, and the public in general may seek relief (such as waiver of the Board's regulations) not otherwise specifically provided for under the Board's other regulatory provisions. Under section 1117.1, such petitions should contain three items: (a) A short, plain statement of jurisdiction, (b) a short, plain statement of petitioner's claim, and (c) request for relief. The collection by the Board of these petitions that parties choose to file enables the Board to more fully meet its statutory duty to regulate the rail industry. 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, including each proposed extension of an existing collection of information. Dated: April 22, 2020. Kenyatta Clay, Clearance Clerk. [FR Doc. 2020-08957 Filed 4-27-20; 8:45 am]