Petitions for Declaratory Order

Forms and Documents

Document Name	Status
2023-14942.pdf Supplementary Document	2023-07-14
2023-10199.pdf Supplementary Document	2023-07-14
2140-0031 -- Supporting Statement - Petitions for Dec Order 2023 (to ROCIS).pdf Supporting Statement A	2023-07-14
49 USC 1321.pdf Supplementary Document	2017-03-08
49 CFR 1011a2vi.pdf Supplementary Document	2014-01-10
49 CFR 1117.pdf Supplementary Document	2014-01-06
5 USC 554.pdf Supplementary Document	2014-01-06

IC Document Collections

IC ID	Document Title	Status
209924	Petitions for Declaratory Order Instruction	Modified

ICR Details

OMB Control No: 2140-0031	ICR Reference No: 202307-2140-003
Status: Received in OIRA	Previous ICR Reference No: 202004-2140-002
Agency/Subagency: STB	Agency Tracking No:
Title: Petitions for Declaratory Order
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/14/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2023
Responses	12	10
Time Burden (Hours)	2,160	1,830
Cost Burden (Dollars)	0	0

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Abstract: Congress provided the Board with the ability to terminate controversy and remove uncertainty in matters that arise under the Interstate Commerce Act, 49 U.S.C. §§ 10101-16106 (ICA) or corresponding regulations. Under this authority, the Board allows persons to seek declaratory orders before the Board for a broad range of issues under the ICA.

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Authorizing Statute(s): US Code: 5 USC 554(e) Name of Law: Adjudications
   US Code: 49 USC 1321 Name of Law: Administrative Powers
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 30827	05/12/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 45266	07/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Petitions for Declaratory Order

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ICR Summary of Burden

	Total Request	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	12	10	0	2	0	0
Annual Time Burden (Hours)	2,160	1,830	0	330	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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 based on an average of the actual number of petitions for declaratory orders filed at the Board in the last three calendar years. The three-year average increased the number of responses from 10 to 12. The estimated hourly time per petition was decreased from 183 each to 180. These two changes together resulted in an hourly burden change of an increase in 330 annual burden hours.

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Annual Cost to Federal Government: $4,432

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

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Common Form ICR:  No

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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: 07/14/2023

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