Statutory Licensing Authority

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2020-13103.pdf	Supplementary Document	Uploaded 2020-06-19	Available
2020-08162.pdf	Supplementary Document	Uploaded 2020-06-19	Available
2140-0023 Supporting Statement 2020 -- Statutory Licencing (to ROCIS).pdf	Supporting Statement A	Uploaded 2020-11-06	Available
49 USC 1321.pdf	Supplementary Document	Uploaded 2017-05-11	Available
CFR-2016-title49-vol8-part1104.pdf	Supplementary Document	Uploaded 2017-05-11	Available
CFR-2016-title49-vol8-part1152.pdf	Supplementary Document	Uploaded 2017-05-11	Available
CFR-2016-title49-vol8-part1180-id622.pdf	Supplementary Document	Uploaded 2017-05-11	Available
CFR-2016-title49-vol8-part1150-id508.pdf	Supplementary Document	Uploaded 2017-05-11	Available
CFR-2016-title49-vol8-part1121.pdf	Supplementary Document	Uploaded 2017-05-11	Available
Relevant Statutory Provisions.pdf	Supplementary Document	Uploaded 2012-07-19	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
226804	Disclosure of Rail Interchange Commitments		Unchanged
203384	Statutory Licensing Authority		Modified

ICR Details

OMB Control No: 2140-0023	ICR Reference No: 202002-2140-003
Status: Active	Previous ICR Reference No: 201705-2140-003
Agency/Subagency: STB	Agency Tracking No:
Title: Statutory Licensing Authority
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/19/2020
	Date Received in OIRA: 06/19/2020
Terms of Clearance: The agency updated its burden explanations.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2023	36 Months From Approved	11/30/2020
Responses	122	0	130
Time Burden (Hours)	4,257	0	3,399
Cost Burden (Dollars)	1,750	0	1,537

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Abstract: 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 21496	04/17/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 37147	06/19/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Disclosure of Rail Interchange Commitments
Statutory Licensing Authority

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	122	130	0	0	-8	0
Annual Time Burden (Hours)	4,257	3,399	0	0	858	0
Annual Cost Burden (Dollars)	1,750	1,537	0	0	213	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $13,749

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? No

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Common Form ICR:  No

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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: 06/19/2020

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