Petitions for Declaratory Order

Forms and Documents

Document Name	Status
60-day FRN 2020-03597 Petitions.pdf Supplementary Document	2020-04-28
30-day FRN 2020-08957 Petitions.pdf Supplementary Document	2020-04-28
2140-0031 -- Supporting Statement - Petitions for Dec Order 2020 (to ROCIS).docx Supporting Statement A	2020-04-28
49 USC 1321.pdf Supplementary Document	2017-03-08
49 CFR 1011a2vi.pdf Supplementary Document	2014-01-10
49 CFR 1117.pdf Supplementary Document	2014-01-06
5 USC 554.pdf Supplementary Document	2014-01-06

IC Document Collections

IC ID	Document Title	Status
209924	Petitions for Declaratory Order Instruction	Modified

ICR Details

OMB Control No: 2140-0031	ICR Reference No: 202004-2140-002
Status: Active	Previous ICR Reference No: 201703-2140-003
Agency/Subagency: STB	Agency Tracking No:
Title: Petitions for Declaratory Order
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 without change	Conclusion Date: 08/27/2020
	Date Received in OIRA: 04/28/2020
Terms of Clearance: Upon resubmission, the agency shall calculate the federal cost to review this collection. Further, the agency shall evaluate whether to combine this collection with 2140-0030.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2023	36 Months From Approved	08/31/2020
Responses	10	0	15
Time Burden (Hours)	1,830	0	2,745
Cost Burden (Dollars)	0	0	18,540

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Abstract: Congress provided the Board with the ability to terminate controversy and remove uncertainty in matters that arise under the Interstate Commerce Act, 49 U.S.C. §§ 10101-16106 (ICA) or corresponding regulations. Under this authority, the Board allows persons to seek declaratory orders before the Board for a broad range of issues under the ICA.

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Authorizing Statute(s): US Code: 5 USC 554(e) Name of Law: Adjudications
   US Code: 49 USC 1321 Name of Law: Administrative Powers
  

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 10508	02/24/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 23591	04/28/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Petitions for Declaratory Order

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ICR Summary 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	10	15	0	-5	0	0
Annual Time Burden (Hours)	1,830	2,745	0	-915	0	0
Annual Cost Burden (Dollars)	0	18,540	0	-18,540	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Using Information Technology

Short Statement: The Board bases its estimates on the three-year average of filings of these petitions to estimate the number of responses for the following three years. The number of filings decreased from 15 (three-year average for 2015-2017) to 10 (three-year average for 2017-2019). Additionally, the filings are received electronically so there are no longer any estimated non-hour burdens.

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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? 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: 04/28/2020

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