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. If OMB has assigned this ICR a new
OMB Control Number, the OMB Control Number will not appear in the
active inventory. For future submissions of this information
collection, reference the OMB Control Number provided. 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
10/31/2020
36 Months From Approved
12/31/2020
575
0
575
865
0
865
0
0
0
This collection requires a railroad to
give notice to customers that it has a demurrage tariff. The rule
requiring notice conditions a railroad's ability to charge
demurrage on its having given, prior to rail car placement, actual
notice of the demurrage tariff to the person receiving rail cars
for loading and unloading. In a notice of proposed rulemaking, the
Board proposes changes to the Board’s regulations governing
demurrage liability. Specifically, the Board proposes certain
requirements regarding Class I carriers’ demurrage invoices, as
well as a requirement that a Class I carrier directly bill the
shipper if the shipper and warehouseman agree to that arrangement
and have so notified the rail carrier.
In a notice of proposed
rulemaking, the Board proposes two changes to its existing
demurrage regulations. First, the Board proposes certain
requirements regarding Class I carriers’ demurrage invoices, such
as minimum information to be included on or with those invoices,
that would enable invoice recipients to verify the validity of the
demurrage charges; that would permit shippers and warehousemen to
properly allocate demurrage responsibility amongst themselves; and
that would assist shippers and receivers in determining how to
modify their behavior to encourage the efficient use of rail
assets, thereby fulfilling the purpose of demurrage. Second, the
Board proposes a requirement for Class I carriers that if a shipper
and warehouseman agree that the shipper should be responsible for
paying demurrage invoices, the rail carrier must, upon receiving
notice of that agreement, send the invoices directly to the
shipper, and not require the warehouseman to guarantee
payment.
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.
Supporting Statement - EP 759 Demurrage NPRM (to ROCIS 2019).pdf
Demurrage Liability Disclosure Requirements