Various provisions of the Interstate
Commerce Act require rail carriers and noncarriers to file
applications with the Board to seek licensing authority to
construct or abandon a line of railroad, transfer rights in a line
of railroad, or consolidate ownership in a railroad through a
merger or common-control arrangement under 49 U.S.C. §§ 10901-05
and 11323, or to obtain an exemption (through a petition or notice)
from filing such an application under 49 U.S.C. § 10502. Pursuant
to 49 C.F.R. § 1121.3(d), the Board requires that if a proposed
transaction to acquire (by sale or lease) or operate a rail line
includes an agreement containing an interchange commitment(whether
through restrictions or incentives), the party seeking Board
authorization for such transaction must identify the presence of
such an interchange commitment and must file with the Board a
confidential, unredacted copy of that sales or lease agreement and
any related documents containing the terms of such
commitment.
US Code:
49
USC 11323 Name of Law: Consolidation, merger, and acquisition
of control
US Code: 49
USC 11324 Name of Law: Consolidation, merger, and acquisition
of control: conditions of approval
US Code: 49
USC 10901 Name of Law: Construction and Operations
applications
US Code: 49
USC 11325 Name of Law: Consolidation, merger, and acquisition
of control: procedure
US Code: 49
USC 10903 Name of Law: Abandonment applications
US Code: 49
USC 11326 Name of Law: Employee protective arrangements in
transactions involving rail carriers
US Code: 49
USC 10502 Name of Law: Exemptions
US Code: 49
USC 1321 Name of Law: Powers
US Code: 49
USC 10902 Name of Law: Short Line Purchases
The change in both burden hours
and non-hourly burdens is due to the change in distribution of the
estimated number of responses for each type of Board filing in this
collection. The Board estimates its responses for each type of
filing using the average number of responses over the prior three
year period. Because the data from the 2017-2019 data resulted in
an increase in the number of applications and petitions estimated
to be filed with the Board, the higher burdens for applications and
petitions (relative to notices) resulted in overall higher
estimated burdens.
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.
2020-13103.pdf
Disclosure of Rail Interchange Commitments