Terms of the
previous clearance remain in effect. OMB files this comment in
accordance with 5 CFR 1320.11(c). This OMB action is not an
approval to conduct or sponsor an information collection under the
Paperwork Reduction Act of 1995. This action has no effect on any
current approvals. When and if the agency submits the ICR
associated with the final rule, the agency is reminded to follow
the procedures in 5 CFR 1320 regarding collections associated with
rules.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
0
0
0
0
0
0
0
0
0
This ICR is related to OMB Control No.
2140-0029 (Complaints), but is being submitted as a separate ICR
for practical purposes. It relates to the Board's regulations,
under 49 C.F.R. § 1111, providing procedures for persons to make a
written complaint before the Board for a broad range of claims and
to seek a broad range of remedies under 49 U.S.C. §§ 1321,
10701-10707, 11101-11103 (common carriage), 11701-11707 (rail),
14701-14707 (motor, water & intermediaries), and 15901-15906
(pipelines). In two notices of proposed rulemakings (NPRMs), Final
Offer Rate Review, EP 755 (84 Fed. Reg. 48872 (Sept. 17, 2019))
(FORR NPRM) and Market Dominance Streamlined Approach, EP 756 (84
Fed. Reg. 48882 (Sept. 17, 2019)) (Market Dominance NPRM), the
Board proposed to modify the collection of complaints. This
modification and extension request pertains specifically to
modification in the Market Dominance NPRM. This ICR also
incorporates, as sequential and redundant, the modifications from
the FORR NPRM, which was submitted in a separate ICR in OMB Control
No. 2140-0029 immediately before this submission.
US Code:
49
USC 11102 Name of Law: Use of terminal facilities
US Code: 49
USC 11103 Name of Law: Switch connections and tracks
US Code: 49
USC 1321 Name of Law: Powers
US Code: 49
USC 14707 Name of Law: Private enforcement of registration
requirement
US Code: 49
USC 15901 Name of Law: General authority -- complaints,
investigation, and Compliance (pipelines)
US Code: 49
USC 15902 Name of Law: Enforcement by the Board (Pipelines)
US Code: 49
USC 15903 Name of Law: Enforcement by the Attorney General
(pipelines)
US Code: 49
USC 15904 Name of Law: Rights and remedies of persons injured
by pipeline carriers
US Code: 49
USC 15905 Name of Law: Limitation on actions by and against
pipeline carriers
US Code: 49
USC 15906 Name of Law: Liability of pipeline carriers under
receipts and bills of lading
US Code: 49
USC 10701 Name of Law: Standards for rates, classifications,
through routes, rules, and pracitces
US Code: 49
USC 10702 Name of Law: Authority for rail carriers to establish
rates, classifications, rules, and practices
US Code: 49
USC 10703 Name of Law: Authority for rail carriers to establish
through routes
US Code: 49
USC 10704 Name of Law: Authority and criteria: rates,
classifications, rules, and practices prescribed by Board
US Code: 49
USC 10705 Name of Law: Authority: through routes, joint
classifications, rates, and divisions prescribed by Board
US Code: 49
USC 10706 Name of Law: Rate agreements: exemption from
antitrust laws
US Code: 49
USC 11101 Name of Law: Common carrier obligations
US Code: 49
USC 10707 Name of Law: Determination of market dominance in
rail rate proceedings
US Code: 49
USC 11704 Name of Law: Rights and remedies of persons injured
by rail carriers
US Code: 49
USC 11705 Name of Law: Limitation on actions by and against
rail carriers
US Code: 49
USC 11706 Name of Law: Liability of rail carriers under
receipts and bills of lading
US Code: 49
USC 11707 Name of Law: Liability when property is delivered in
violation of routing instructions (rail)
US Code: 49
USC 14701 Name of Law: General authority -- complaints (motor,
water & intermediaries)
US Code: 49
USC 14702 Name of Law: Enforcement by regulatory authority
US Code: 49
USC 14703 Name of Law: Enforcement by the Attorney General
US Code: 49
USC 14704 Name of Law: Rights and remedies of persons injured
by carriers and brokers
US Code: 49
USC 14705 Name of Law: Limitation on actions by and against
carriers
US Code: 49
USC 14706 Name of Law: Liability of carriers under receipts and
bills of lading
US Code: 49
USC 11701 Name of Law: General authority -- complaints
(rail)
US Code: 49
USC 11702 Name of Law: Enforcement by the Board (rail)
US Code: 49
USC 11703 Name of Law: Enforcement by the Attorney General
(rail)
Complaints challenging the
reasonableness of a rail rate in a complaint first require a
finding that the defendant rail carrier has market dominance over
the transportation to which the rate applies. The market dominance
finding can be a significant and costly undertaking. This
modification and approval request is the result of the notice of
proposed rulemaking that would provide a streamlined approach for
pleading market dominance in rate reasonableness proceedings. See
Market Dominance NPRM. The Board expects that this streamlined
approach would reduce burdens on parties, expedite proceedings, and
make the Board’s rate relief procedures more accessible, especially
for complainants with smaller rate disputes. It is also expected to
increase the number of complaints filed.
$0
No
No
No
No
No
No
Uncollected
Christopher Oehrle 202 245-0375
Christopher.Oehrle@stb.gov
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:
(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;
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.