Demurrage Liability Disclosure Requirements

Forms and Documents

Document Name	Status
248841 ASLRRA Initial Comment (at 4).pdf Supplementary Document	2020-09-11
248896 CN Initial Comments (at 20-22).pdf Supplementary Document	2020-09-11
Supporting Statement - EP 759 Demurrage -- final rule-SNPRM (to ROCIS).pdf Supporting Statement A	2020-09-11
49 USCODE10746.pdf Supplementary Document	2012-05-25
49 USCODE 10702.pdf Supplementary Document	2012-05-25

IC Document Collections

IC ID	Document Title	Status
201023	Demurrage Liability Disclosure Requirements	Modified

ICR Details

OMB Control No: 2140-0021	ICR Reference No: 202009-2140-002
Status: Active	Previous ICR Reference No: 201912-2140-003
Agency/Subagency: STB	Agency Tracking No:
Title: Demurrage Liability Disclosure Requirements
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: 12/31/2020
	Date Received in OIRA: 09/11/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2023	36 Months From Approved	12/31/2020
Responses	684	0	575
Time Burden (Hours)	1,435	0	865
Cost Burden (Dollars)	0	0	0

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Abstract: 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 final rule, the Board adopted the requirement for rail carriers to directly bill the shipper under certain circumstances. The other requirements are still pending.

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Authorizing Statute(s): US Code: 49 USC § 10702 and 10746 Name of Law: Interstate Commerce Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB47	Final or interim final rulemaking	85 FR 26858	05/06/2020

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Federal Register Notices & Comments

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
Demurrage Liability Disclosure Requirements

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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	684	575	0	109	0	0
Annual Time Burden (Hours)	1,435	865	0	570	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The final rule modifies the hourly burden in the existing, approved information collection by creating an invoicing requirement for Class I carriers that would add an annual hour burden of 420 hours.

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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: 09/11/2020

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