[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65419-65421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20552]


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SURFACE TRANSPORTATION BOARD


60-Day Notice of Intent To Seek Extension of Approval of 
Collection: Demurrage Liability Disclosure Requirements

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the 
Surface Transportation Board (STB or Board) gives notice of its intent 
to seek approval from the Office of Management and Budget (OMB) for an 
extension of

[[Page 65420]]

the collection of Demurrage Liability Disclosure Requirements, as 
described below.

DATES: Comments on this information collection should be submitted by 
November 21, 2023.

ADDRESSES: Direct all comments to Chris Oehrle, PRA Officer, Surface 
Transportation Board, 395 E Street SW, Washington, DC 20423-0001, or to 
[email protected]. When submitting comments, please refer to ``Paperwork 
Reduction Act Comments, Demurrage Liability Disclosure Requirements.'' 
For further information regarding this collection, contact Pedro 
Ramirez at (202) 245-0333 or [email protected]. If you require an 
accommodation under the Americans with Disabilities Act, please call 
(202) 245-0245.

SUPPLEMENTARY INFORMATION: Comments are requested concerning each 
collection as to (1) whether the particular collection of information 
is necessary for the proper performance of the functions of the Board, 
including whether the collection has practical utility; (2) the 
accuracy of the Board's burden estimates; (3) ways to enhance the 
quality, utility, and clarity of the information collected; and (4) 
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. Submitted 
comments will be included and summarized in the Board's request for OMB 
approval.

Description of Collection

    Title: Demurrage Liability Disclosure Requirements.
    OMB Control Number: 2140-0021.
    Form Number: None.
    Type of Review: Extension without change.
    Respondents: Freight railroads subject to the Board's jurisdiction.
    Number of Respondents: Approximately 620 (including six Class I 
carriers).
    Estimated Time per Response: One hour for each disclosure.
    Frequency: On occasion. The existing demurrage liability disclosure 
requirement is triggered in two circumstances: (1) when a shipper 
initially arranges with a railroad for transportation of freight 
pursuant to the rail carrier's tariff; or (2) when a rail carrier 
changes the terms of its demurrage tariff.
    Total Burden Hours (annually including all respondents): 1,330.7 
hours. Consistent with the existing, approved information collection, 
Board staff estimates that: (1) six Class I carriers would each take on 
18 new customers each year (108 hours); (2) each of the six Class I 
carriers would update its demurrage tariffs annually (6 hours); (3) 620 
non-Class I carriers (which are already subject to the existing 
collection requirements, but which will not be subject to the new 
requirements) would each take on one new customer a year (620 hours); 
and (4) each of the non-Class I carriers would update its demurrage 
tariffs every three years (206.7 hours annualized). For the requirement 
that Class I carriers must directly bill the shipper for demurrage when 
the shipper and warehouseman agree to the arrangement and so notify the 
rail carrier, Board staff estimates that annually six Class I carriers 
would each receive 65 direct-billing agreements per year at one hour 
per agreement (390 hours).
    The total hourly burdens are also set forth in the table below.

                                            Table--Total Burden Hours
                                                   [Per year]
----------------------------------------------------------------------------------------------------------------
                                                                                    Burden for
                                                   New customer    Tariff update     invoicing     Total annual
                   Respondents                    burden (hours)  burden (hours)     agreement     burden hours
                                                                                      (hours)
----------------------------------------------------------------------------------------------------------------
6 Class I Carriers..............................             108               6             390             504
620 Non-Class I Carriers........................             620           206.7  ..............           826.7
                                                 ---------------------------------------------------------------
    Totals......................................             728           212.7             390         1,330.7
----------------------------------------------------------------------------------------------------------------

    Total ``Non-hour Burden'' Cost: There are no other costs 
identified. Any submissions may be submitted electronically.
    Needs and Uses: Demurrage is subject to Board regulation under 49 
U.S.C. 10702, which requires railroads to establish reasonable rates 
and transportation-related rules and practices, and under 49 U.S.C. 
10746, which requires railroads to compute demurrage charges, and 
establish rules related to those charges, in a way that will fulfill 
the national needs related to freight car use and distribution and 
maintenance of an adequate car supply. Demurrage is a charge that 
serves principally as an incentive to prevent undue car detention and 
thereby encourage the efficient use of rail cars in the rail network, 
while also providing compensation to rail carriers for the expense 
incurred when rail cars are unduly detained beyond a specified period 
of time (i.e., ``free time'') for loading and unloading. See Pa. R.R. 
v. Kittaning Iron & Steel Mfg. Co., 253 U.S. 319, 323 (1920) (``The 
purpose of demurrage charges is to promote car efficiency by penalizing 
undue detention of cars.''); 49 CFR 1333.1; see also 49 CFR part 1201, 
category 106.
    Under 49 CFR 1333.3, a railroad's ability to charge demurrage 
pursuant to its tariff is conditional on its having given, prior to 
rail car placement, actual notice of the demurrage tariff to the person 
receiving rail cars for loading and unloading. Once a shipper receives 
a notice as to a particular tariff, additional notices are required 
only when the tariff changes materially. The parties rely on the 
information in the demurrage tariffs to avoid demurrage disputes, and 
the Board uses the tariffs to adjudicate demurrage disputes that come 
before it. Class I carriers are required to include certain minimum 
information on or with demurrage invoices, take appropriate action to 
ensure that demurrage charges are accurate and warranted, and directly 
bill the shipper for demurrage when the shipper and warehouseman agree 
to that arrangement and so notify the rail carrier. This collection and 
use of this information by the Board enable the Board to meet its 
statutory duties.
    The Board makes this submission because, under the PRA, a federal 
agency that conducts or sponsors 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.

[[Page 65421]]

Under 44 U.S.C. 3506(c)(2)(A), 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: September 19, 2023.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-20552 Filed 9-21-23; 8:45 am]
BILLING CODE 4915-01-P