Supporting Statement - Recordation of Liens (final to OMB)

2140-0025
August 2016
SUPPORTING STATEMENT
FOR REQUEST OF OMB APPROVAL
UNDER THE PAPERWORK REDUCTION ACT AND 5 C.F.R. § 1320
The Surface Transportation Board (STB or Board) requests a three-year extension of
approval of the regulations governing the recordation of liens by regulated rail or water carriers.
A. Justification:
1. Need for Information in Collection. Under 49 U.S.C. § 11301 and 49 C.F.R. § 1177,
persons with a property interest in water carrier vessels, railroad cars, locomotives, or other
rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock
(including superstructures and racks) intended for the use of interstate transportation, may file
with the Board for recordation the lien instrument (such as a mortgage, lease, equipment trust
agreement, conditional sales agreement) that evidences their property interest. Recording such
documents at the Surface Transportation Board (STB or Board) protects the property interest
created by the agreement against subsequent claims on the property. Supplements, including a
release, discharge, or satisfaction of any part of security interest, must also be filed with the
Board to protect those interests. Recordation at the Board obviates the need for recording such a
lien in individual states. 49 U.S.C. § 11301(e). (However, a lien recorded in another country by
a company domiciled in that country is accorded equal recognition under 49 U.S.C. § 11301(d).)
2. Use of Data Collected. Information in this collection is used by parties holding liens
on such property to perfect their property interest. The Board records the document, along with
the date and hour that the document was filed, and assigns an official number to the document.
The Board provides a service by registering legal documentation of ownership of property (rail
cars, rail equipment, water carrier vessels, etc.), and the documentation is secured where it cannot
be lost or altered fraudulently.
The Board also maintains an index in alphabetical order by the party’s name and also by
number so that the public may search the index to help determine whether there is a lien on
specific rail equipment and water carrier vessels. This information is searchable via the Board’s
E-Library, located at https://www.stb.dot.gov/recordations.nsf.
3. Reduction through Improved Technology. This collection may be filed electronically
by use of the E-filing option on the Board’s website.
4. Identification of Duplication. The Board is required by statute to administer this
collection. No other Federal agency collects the information reported in this collection.
5. Minimizing Burden for Small Businesses. This collection reduces the burden on any

small business that holds a lien on the relevant property because recording a lien at the STB
obviates the need to record such a lien in individual states and to navigate their often disparate
requirements. See 49 U.S.C. § 11301(e).
6. Consequences if Collection not Conducted or Conducted Less Frequently. Failure to
record a lien at the STB may result in an unperfected property interest in the relevant property.
7. Special Circumstances. No special circumstances apply to this collection.
8. Consultation with Outside Agency. As required, the Board published a notice
providing a 60-day comment period regarding this collection. See 81 Fed. Reg. 26,302 (May 2,
2016). No comments were received. A 30-day notice was published concurrently with this
submission to Office of Management and Budget (OMB). See 81 Fed. Reg. 51,959 (Aug. 5,
2016).
9. Payments or Gifts. The Board does not provide any payment or gifts for this
collection.
10. Assurance of Confidentiality. All information collected through this report is
available to the public.
11. Sensitive Information. This collection contains no information of a sensitive nature.
12. Estimated Burden Hours. The following information pertains to the estimate of
burden hours associated with this collection:
(1) Number of respondents. Approximately 50.
(2) Frequency of response. On occasion. Over the last three years,
approximately 50 respondents have filed an average of 1,831 responses per year. The
same number of filings is expected during each of the next 3 years.
(3) Annual hour burden per respondent and total for all respondents. 457.75
hours (1,831 submissions X .25 hours estimated per response). The information filed
consists of an existing document, which may be filed electronically.
13. Estimated Total Annual Cost to Respondents. There are no non-hour costs
associated with this collection.
14. Annualized Cost to the Federal Government. $62,620.20 (based on $34.20 (20
minutes to 1 hour at GS 8) X 1,831 (average number of tariffs filed per year during last 3 years)).
15. Explanation of Program Changes or Adjustments. This is an existing collection,
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which is being adjusted to update the burdens and costs based on the actual number of liens
recorded since the last approval of this collection by OMB in 2013. Since then, the number of
liens recorded at the Board has decreased by about 15 percent, and the number of respondents’
burden hours has decreased from 35 minutes per lien to 25 minutes (based on the estimate of
Board staff).
16. Plans for tabulation and publication. This information is posted on the Board’s
website (as linked above).
17. Display of expiration date for OMB approval. No form is used for this collection.
The instructions for filing a recordation can be found on the Board’s website and in the Code of
Federal Regulations at 49 C.F.R. § 1177.1-.5. Once the collection is approved, the Board will
display the control number and expiration date of the collection by publishing a special notice in
the Federal Register stating the control number and expiration date of the collection as provided
in 5 C.F.R. § 1320.3(f)(3).
18. Exceptions to Certification Statement. Not applicable

B. Collections of Information Employing Statistical Methods:
Not applicable

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