[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Pages 2249-2250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00387]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Notice and Request for Comments
AGENCY: Surface Transportation Board.
ACTION: 30-day notice of request for approval: complaints and
petitions.
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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 that it has submitted a request to the Office of Management and
Budget (OMB) for approval of the following information collections: (1)
Complaints under 49 U.S.C. 721, 10701-10707, 11101-11103, 11701-11707
(rail), and 14701-14707 (motor, water & intermediaries), and 15901-
15906 (pipelines) and 49 CFR 1111; \1\ (2) petitions for declaratory
orders under 5 U.S.C. 554(e) and 49 U.S.C. 721; and (3) ``catch all''
petitions (for relief not otherwise specified) under 49 U.S.C. 721 and
49 CFR 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 Board previously
published a notice about this collection in the Federal Register on
April 22, 2013, at 78 FR 23826 (60-day notice). That notice allowed for
a 60-day public review and comment period. No comments were received.
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\1\ In its 60-day notice, the Board inadvertently failed to
include the statutory sections 49 U.S.C. 11101-11103, 14701-14707
and 15901-15906. Under these sections of the Interstate Commerce Act
(49 U.S.C. 10101-16106) (ICA), persons may bring complaints against
non-rail carriers.
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The information collections relevant to these complaints and
petitions are described separately below. Regarding any of these
collections, comments may now be submitted to OMB 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.
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 collection in use without an OMB control
number.
Respondents: Affected shippers, carriers, communities, and other
persons 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 seeking redress for alleged violations of
provisions of the ICA. In the last few years, the most significant
complaints filed at the Board have alleged that a railroad is charging
unreasonable rates or that it is engaging in an unreasonable practice.
See, e.g., 49 U.S.C 10701, 10704, 11701, 14701, 15901. The collection
by the Board of these and other complaints, and the agency's action in
conducting proceedings and ruling on the complaints, enables the Board
to meet its statutory duty to grant relief from statutory violations
(i.e., unreasonable rates and practices).
Collection Number 2
Title: Petitions for Declaratory Orders.
OMB Control Number: 2140-00XX.
STB Form Number: None.
Type of Review: Existing collection in use without an OMB control
number.
Respondents: Affected shippers, carriers, communities, and other
persons 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. Petitions for declaratory order cover a broad range of
requests. In recent years, petitions filed with the Board have sought
declaratory orders on issues such as whether the provisions of the ICA
and the Board's regulations preempt state and local laws (i.e., local
permitting and land use laws) and even whether certain railroad
practices are appropriate and legal. The collection by the Board of
these petitions for declaratory order helps the Board to more
efficiently 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, carriers, communities, and other
persons that seek relief from violations of the ICA 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 1117 (the Board's
catch all petition provision), shippers, carriers, and the public in
general may seek relief (such as waivers of the Board's regulations)
not otherwise specifically provided for under the Board's other
regulatory 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
[[Page 2250]]
regulate the rail industry by granting relief to respondents.
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.
DATES: Comments on this information collection should be submitted by
February 12, 2014.
ADDRESSES: Written comments should be identified as ``Paperwork
Reduction Act Comments, Surface Transportation Board'' and should
identify the collection(s) that the comments address. These comments
should be directed to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Patrick Fuchs, Surface
Transportation Board Desk Officer, by fax at (202) 395-5167; by mail at
OMB, Room 10235, 725 17th Street NW., Washington, DC 20500; or by email
to [email protected] or faxed to them at (202) 395-6974.
FOR FURTHER INFORMATION CONTACT: Marilyn Levitt, (202) 245-0269.
[Federal Information Relay Service (FIRS) for the hearing impaired:
(800) 877-8339.] Relevant STB regulations are referenced below and 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.
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. 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: January 8, 2014.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-00387 Filed 1-10-14; 8:45 am]
BILLING CODE 4915-01-P