[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]



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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

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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