Applications for Land-Use-Exemption Permits

Forms and Documents

Document Name	Status
60 day notice Land Use Permits 4.11.14.pdf Supplementary Document	2014-06-20
pub june 20 2014 applic for land use exemption permits.pdf Supplementary Document	2014-06-20
CFR-2013-title49-vol8-part1155.pdf Supplementary Document	2014-06-20
USCODE-2011-title49-subtitleIV-partA-chap109-sec10910.pdf Supplementary Document	2014-06-20
USCODE-2011-title49-subtitleIV-partA-chap109-sec10909.pdf Supplementary Document	2014-06-20
USCODE-1994-title49-subtitleIV-chap109-subchapI-sec10908.pdf Supplementary Document	2014-06-20
Support Statement - EP 684 Land Use June 2014 (submitted 6-20-2014).pdf Supporting Statement A	2014-06-20
E-filing STB[1].pdf Supplementary Document	2011-06-23

IC Document Collections

IC ID	Document Title	Status
196928	Applications for Land-Use-Exemption Permits	Modified

ICR Details

OMB Control No: 2140-0018	ICR Reference No: 201403-2140-003
Status: Historical Active	Previous ICR Reference No: 201103-2140-002
Agency/Subagency: STB	Agency Tracking No:
Title: Applications for Land-Use-Exemption Permits
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/01/2014
	Date Received in OIRA: 06/20/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2017	36 Months From Approved	07/31/2014
Responses	1	0	1
Time Burden (Hours)	160	0	160
Cost Burden (Dollars)	200,000	0	214,250

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Abstract: The Clean Railroads Act of 2008 (CRA) mandated that the Board publish procedures governing the submission and review of applications for the issuance of land-use-exemption permits. See 49 U.S.C. §§ 10908-10910. Pursuant to 49 U.S.C. § 10501(c)(2), as amended by the CRA, the Board issued rules in Solid Waste Rail Transfer Facilities, EP 684 (served on March 24, 2011), providing procedures for persons to file applications for land-use-exemption permits. Because a land-use-exemption permit preempts state and local laws, the Board requires applications for a land-use-exemption permit to include substantial facts and argument as to why a permit is necessary. The Board also provides for the filing of an environmental report and/or preparation of an environmental impact statement (which is required in most circumstances) in order to satisfy the requirements of the National Environmental Policy Act. See 42 U.S.C. § 4332(c).

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Authorizing Statute(s): US Code: 49 USC 10908-10910 Name of Law: The Clean Railroads Act
  

Citations for New Statutory Requirements: US Code: 49 USC 10908-10910 Name of Law: Clean Railroads Act
US Code: 49 USC 10501(c)(2) Name of Law: Amendment to Jurisdiction

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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:
	79 FR 20304	04/11/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 35411	06/20/2014
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
Applications for Land-Use-Exemption Permits

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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	1	1	0	0	0	0
Annual Time Burden (Hours)	160	160	0	0	0	0
Annual Cost Burden (Dollars)	200,000	214,250	0	-14,250	0	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:

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Annual Cost to Federal Government: $225,000

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

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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: 06/20/2014

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