Complaints -- Market Dominance Streamlined Approach

Forms and Documents

Document Name	Status
49 USC 15901-15906.pdf Supplementary Document	2019-11-15
49 USC 14701-14707.pdf Supplementary Document	2019-11-15
49 USC 11701-11707.pdf Supplementary Document	2019-11-15
49 USC 11101-11103.pdf Supplementary Document	2019-11-15
49 USC 10701-10707.pdf Supplementary Document	2019-11-15
Supporting Statement - EP 756 (separate submission to ROCIS).doc Supporting Statement A	2019-11-15

IC Document Collections

IC ID	Document Title	Status
238572	Complaints -- Market Dominance Streamlined Approach Instruction	New

ICR Details

OMB Control No: 2140-0037	ICR Reference No: 201911-2140-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: STB	Agency Tracking No:
Title: Complaints -- Market Dominance Streamlined Approach
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/17/2020
	Date Received in OIRA: 11/15/2019
Terms of Clearance: Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: This ICR is related to OMB Control No. 2140-0029 (Complaints), but is being submitted as a separate ICR for practical purposes. It relates to the Board's regulations, under 49 C.F.R. § 1111, providing procedures for persons to make a written complaint before the Board for a broad range of claims and to seek a broad range of remedies under 49 U.S.C. §§ 1321, 10701-10707, 11101-11103 (common carriage), 11701-11707 (rail), 14701-14707 (motor, water & intermediaries), and 15901-15906 (pipelines). In two notices of proposed rulemakings (NPRMs), Final Offer Rate Review, EP 755 (84 Fed. Reg. 48872 (Sept. 17, 2019)) (FORR NPRM) and Market Dominance Streamlined Approach, EP 756 (84 Fed. Reg. 48882 (Sept. 17, 2019)) (Market Dominance NPRM), the Board proposed to modify the collection of complaints. This modification and extension request pertains specifically to modification in the Market Dominance NPRM. This ICR also incorporates, as sequential and redundant, the modifications from the FORR NPRM, which was submitted in a separate ICR in OMB Control No. 2140-0029 immediately before this submission.

---

Authorizing Statute(s): US Code: 49 USC 11102 Name of Law: Use of terminal facilities
   US Code: 49 USC 11103 Name of Law: Switch connections and tracks
   US Code: 49 USC 1321 Name of Law: Powers
   US Code: 49 USC 14707 Name of Law: Private enforcement of registration requirement
   US Code: 49 USC 15901 Name of Law: General authority -- complaints, investigation, and Compliance (pipelines)
   US Code: 49 USC 15902 Name of Law: Enforcement by the Board (Pipelines)
   US Code: 49 USC 15903 Name of Law: Enforcement by the Attorney General (pipelines)
   US Code: 49 USC 15904 Name of Law: Rights and remedies of persons injured by pipeline carriers
   US Code: 49 USC 15905 Name of Law: Limitation on actions by and against pipeline carriers
   US Code: 49 USC 15906 Name of Law: Liability of pipeline carriers under receipts and bills of lading
   US Code: 49 USC 10701 Name of Law: Standards for rates, classifications, through routes, rules, and pracitces
   US Code: 49 USC 10702 Name of Law: Authority for rail carriers to establish rates, classifications, rules, and practices
   US Code: 49 USC 10703 Name of Law: Authority for rail carriers to establish through routes
   US Code: 49 USC 10704 Name of Law: Authority and criteria: rates, classifications, rules, and practices prescribed by Board
   US Code: 49 USC 10705 Name of Law: Authority: through routes, joint classifications, rates, and divisions prescribed by Board
   US Code: 49 USC 10706 Name of Law: Rate agreements: exemption from antitrust laws
   US Code: 49 USC 11101 Name of Law: Common carrier obligations
   US Code: 49 USC 10707 Name of Law: Determination of market dominance in rail rate proceedings
   US Code: 49 USC 11704 Name of Law: Rights and remedies of persons injured by rail carriers
   US Code: 49 USC 11705 Name of Law: Limitation on actions by and against rail carriers
   US Code: 49 USC 11706 Name of Law: Liability of rail carriers under receipts and bills of lading
   US Code: 49 USC 11707 Name of Law: Liability when property is delivered in violation of routing instructions (rail)
   US Code: 49 USC 14701 Name of Law: General authority -- complaints (motor, water & intermediaries)
   US Code: 49 USC 14702 Name of Law: Enforcement by regulatory authority
   US Code: 49 USC 14703 Name of Law: Enforcement by the Attorney General
   US Code: 49 USC 14704 Name of Law: Rights and remedies of persons injured by carriers and brokers
   US Code: 49 USC 14705 Name of Law: Limitation on actions by and against carriers
   US Code: 49 USC 14706 Name of Law: Liability of carriers under receipts and bills of lading
   US Code: 49 USC 11701 Name of Law: General authority -- complaints (rail)
   US Code: 49 USC 11702 Name of Law: Enforcement by the Board (rail)
   US Code: 49 USC 11703 Name of Law: Enforcement by the Attorney General (rail)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB45	Proposed rulemaking	84 FR 48882	09/17/2019

---

Federal Register Notices & Comments

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
Complaints -- Market Dominance Streamlined Approach

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: Complaints challenging the reasonableness of a rail rate in a complaint first require a finding that the defendant rail carrier has market dominance over the transportation to which the rate applies. The market dominance finding can be a significant and costly undertaking. This modification and approval request is the result of the notice of proposed rulemaking that would provide a streamlined approach for pleading market dominance in rate reasonableness proceedings. See Market Dominance NPRM. The Board expects that this streamlined approach would reduce burdens on parties, expedite proceedings, and make the Board’s rate relief procedures more accessible, especially for complainants with smaller rate disputes. It is also expected to increase the number of complaints filed.

---

Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 11/15/2019

---