Disclosure of Rail Interchange Commitments (EP 714)

Forms and Documents

Document Name	Status
EP 714 Final Rule Board Decision.pdf Supplementary Document	2013-09-06
Supporting Statement - EP 714 submitted to OMB 9-5-13.pdf Supporting Statement A	2013-09-05
Disclosure of Rail Interchange Commitments - Regulatory Support.pdf Supplementary Document	2011-08-24
Disclosure of Rail Interchange Commitments - more statutory support.pdf Supplementary Document	2011-08-22
E-filing STB.pdf Supplementary Document	2011-03-16
Statutory Support - Disclosure of Rail Interchange Commitments.pdf Supplementary Document	2007-07-17

IC Document Collections

IC ID	Document Title	Status
180818	Disclosure of Rail Interchange Commitments Instruction	Modified

ICR Details

OMB Control No: 2140-0016	ICR Reference No: 201307-2140-005
Status: Historical Active	Previous ICR Reference No: 201208-2140-004
Agency/Subagency: STB	Agency Tracking No:
Title: Disclosure of Rail Interchange Commitments (EP 714)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/01/2013
	Date Received in OIRA: 09/05/2013
Terms of Clearance: As shown by the changes to the collection, STB shall continue to accurately account-within ROCIS--for changes to the collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2016	36 Months From Approved	08/31/2014
Responses	4	0	6
Time Burden (Hours)	32	0	2
Cost Burden (Dollars)	0	0	281

---

Abstract: Pursuant to 49 C.F.R. § 1121.3(d), the Board requires that if a proposed transaction to acquire (by sale or lease) or operate a rail line includes an agreement containing an interchange commitment(whether through restrictions or incentives), the party seeking Board authorization for such transaction must identify the presence of such an interchange commitment and must file with the Board a confidential, unredacted copy of that sales or lease agreement and any related documents containing the terms of such commitment. The Board proposed to require that additional information be submitted whenever an interchange commitment is included in a transaction for which Board approval is sought. The final rule adopts the proposed requirements, with modifications that additional information required

---

Authorizing Statute(s): US Code: 49 USC 721,10502, 10901, 10902, 11323 Name of Law: Interstate Commerce Act
   US Code: 5 USC 553 Name of Law: Administrative Procedures Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB13	Final or interim final rulemaking	77 FR 66165	11/02/2012

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 54589	11/02/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 54589	09/05/2013
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Disclosure of Rail Interchange Commitments

---

ICR Summary of Burden

	Total Approved	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	4	6	0	0	-2	0
Annual Time Burden (Hours)	32	2	0	0	30	0
Annual Cost Burden (Dollars)	0	281	0	0	-281	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The adopted modifications will further ensure that the Board has sufficient information about these transactions to determine whether they are appropriate for the exemption process and will also help parties objecting to a petition or filing a petition to revoke an exemption by providing access to this relevant information initially, thus minimizing the length of time spent on the process of filing and deciding a petition to revoke.

---

Annual Cost to Federal Government: $2,409

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

---

Common Form ICR:  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:

(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: 09/05/2013

---