[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Notices]
[Pages 23826-23827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09336]
[[Page 23826]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Information Collection Activities (Complaints, Petitions for
Declaratory Orders, and Petitions for Relief Not Otherwise Specified)
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice and request for comments.
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SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C.
3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives
notice of its intent to seek from the Office of Management and Budget
(OMB) approval of the information collections required for (1)
complaints filed under 49 U.S.C. 721, 10701-10707, 11101 and 11701-
11707 and 49 CFR 1111; (2) petitions for declaratory orders under 5
U.S.C. 554(e) and 721; and (3) ``catch all'' petitions (for relief not
otherwise specified) under 49 U.S.C. 721 and 49 CFR part 1117. Under
these statutory and regulatory sections, the Board provides procedures
for persons to make a broad range of claims and to seek a broad range
of remedies before the Board. The information collections relevant to
these complaints and petitions are described separately below.
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.
DATES: Comments on these information collections should be submitted by
June 21, 2013.
ADDRESSES: Direct all comments to Marilyn Levitt, Surface
Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or
to [email protected]. When submitting comments, please refer to the
title of the collection(s) addressed.
FOR FURTHER INFORMATION CONTACT: Marilyn Levitt at (202) 245-0269 or at
[email protected]. [Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.] Relevant STB regulations may be viewed on the STB's Web site
under E-Library > Reference: STB Rules, http://www.stb.dot.gov/stb/elibrary/ref_stbrules.html.
Subjects: In this notice, the Board is requesting comments on the
following information collections:
Description of Collections
Collection Number 1
Title: Complaints under 49 CFR 1111.
OMB Control Number: 2140-00XX.
STB Form Number: None.
Type of Review: Existing collections in use without an OMB control
number.
Respondents: Affected shippers, railroads and communities that seek
redress for alleged violations related to unreasonable rates,
unreasonable practices, service issues, and other statutory claims.
Number of Respondents: 4.
Frequency: On occasion. In Fiscal Year (FY) 2012, there were 5
complaints of this type filed with the Board by respondents.
Total Burden Hours (annually including all respondents): 2,335
hours (estimated hours per complaint (467) x number of FY 2012
complaints (5)).
Total ``Non-hour Burden'' Cost (such as printing, mailing, and
messenger costs): $7,310 (estimated ``non-hour burden'' cost per
complaint ($1,462) x number of FY 2012 responses (5)).
Needs and Uses: Under the Board's regulations, persons may file
complaints before the Board pursuant to 49 CFR part 1111 seeking
redress for alleged violations of provisions of the Interstate Commerce
Act, Public Law 104-88, 109 Stat. 803 (1995). The required content of a
complaint is outlined at 49 CFR 1111.1(a). In the last few years, the
most significant complaints filed at the Board allege that railroads
are charging unreasonable rates or that they are engaging in
unreasonable practices. See, e.g, 49 U.S.C 10701, 10704 and 11701. The
collection by the Board of these complaints, and the agency's action in
conducting proceedings and ruling on the complaints, enables the Board
to meet its statutory duty to regulate the rail industry.
Retention Period: Information in these collections is maintained by
the Board for 10 years, after which it is transferred to the National
Archives as permanent records.
Collection Number 2
Title: Petitions for declaratory orders.
OMB Control Number: 2140-00XX.
STB Form Number: None.
Type of Review: Existing collections in use without an OMB control
number.
Respondents: Affected shippers, railroads and communities that seek
a declaratory order from the Board to terminate a controversy or remove
uncertainty.
Number of Respondents: 7.
Frequency: On occasion. In FY 2012, there were 7 petitions of this
type filed with the Board by respondents.
Total Burden Hours (annually including all respondents): 1,281
hours (estimated hours per petition (183) x number of petitions (7)).
Total ``Non-hour Burden'' Cost (such as printing, mailing, and
messenger costs): $8,652 (estimated ``non-hour burden'' cost per
petition ($1,236) x number of petitions (7)).
Needs and Uses: Under 5 U.S.C. 554(e) and 49 U.S.C. 721, the Board
may issue a declaratory order to terminate a controversy or remove
uncertainty. Because petitions for a declaratory order cover a broad
range of requests, the Board does not prescribe specific instructions
for the filing of a petition for declaratory order. The collection by
the Board of these petitions for declaratory order enables the Board to
meet its statutory duty to regulate the rail industry.
Collection Number 3
Title: Petitions for relief not otherwise provided.
OMB Control Number: 2140-00XX.
STB Form Number: None.
Type of Review: Existing collections in use without an OMB control
number.
Respondents: Affected shippers, railroads and communities that seek
to address transportation-related issues under the Board's jurisdiction
that are not otherwise specifically provided for under the Board's
other regulatory provisions.
Number of Respondents: 6.
Frequency: On occasion. In FY 2012, there were 9 petitions of this
type filed with the Board by respondents.
Total Burden Hours (annually including all respondents): 220.5
hours (estimated hours per petition (24.5) x number of petitions (9)).
Total ``Non-hour Burden'' Cost (such as printing, mailing, and
messenger costs): $630 (estimated ``non-hour burden'' cost per petition
($70) x number of petitions (9)).
Needs and Uses: Under 49 U.S.C. 721 and 49 CFR part 1117 (the
Board's catch all petition provision), shippers, railroads, and the
public in general may seek relief (such as petitions seeking waivers of
the Board's regulations) not otherwise specifically provided for under
the Board's other regulatory
[[Page 23827]]
provisions. Under Sec. 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 enables the Board to more
fully meet its statutory duty to regulate the rail industry.
Retention Period: Information in these collections is maintained by
the Board for 10 years, after which it is transferred to the National
Archives as permanent records.
SUPPLEMENTARY INFORMATION: Under the PRA, a Federal agency conducting
or sponsoring 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 Sec. 3506(c)(2)(A) of
the PRA, 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: April 16, 2013.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-09336 Filed 4-19-13; 8:45 am]
BILLING CODE 4915-01-P