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.
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Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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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.
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)
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 Boardâs rate relief procedures more accessible, especially for complainants with smaller rate disputes. It is also expected to increase the number of complaints filed.
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:
(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;
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.
49 USC 15901-15906.pdf
Supporting Statement - EP 756 (separate submission to ROCIS).doc
Complaints -- Market Dominance Streamlined Approach