Arbitration Program for Small Rate Disputes

Forms and Documents

Document Name	Status
USCODE-2020-title49-subtitleIV-partA-chap117-sec11708.pdf Supplementary Document	2022-03-25
2140-XXXX Supporting Statement - Arbitration for Small Rate Disputes (to ROCIS).pdf Supporting Statement A	2022-03-25

IC Document Collections

IC ID	Document Title	Status
252390	Arbitration Program for Small Rate Disputes	New

ICR Details

OMB Control No:	ICR Reference No: 202203-2140-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: STB	Agency Tracking No:
Title: Arbitration Program for Small Rate Disputes
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/25/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	69	0
Time Burden (Hours)	273	0
Cost Burden (Dollars)	0	0

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Abstract: Under 49 U.S.C. § 11708, the Board is required to “promulgate regulations to establish a voluntary and binding arbitration process to resolve rail rate and practice complaints” that are subject to the Board’s jurisdiction. In a Notice of Proposed Rulemaking (NPRM), the Board proposes to provide parties with additional options for resolution of smaller rail rate disputes, furthering the Board’s policy favoring the use of mediation and arbitration procedures. To be effective, the proposed Arbitration Program for Small Rate Cases provides the parties with alternatives to traditional litigation, encompassing (a) Arbitration “Opt-In” Notices, (b) Initial Notices of Intent to Arbitrate, (c) Joint Notices to Arbitrate, (d) Post-Arbitration Summaries, and (e) Appeals of Arbitrators’ Decision.

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Authorizing Statute(s): US Code: 49 USC 11708 Name of Law: Voluntary arbitration of certain rail rates and practices disputes
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB53	Proposed rulemaking	86 FR 67588	11/26/2021

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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
Arbitration Program for Small Rate Disputes

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ICR Summary of Burden

	Total Request	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	69	0	0	69	0	0
Annual Time Burden (Hours)	273	0	0	273	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: This ICR is due to the Board creating an arbitration program for small rate disputes that did not exist.

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Annual Cost to Federal Government: $4,051

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: 03/25/2022

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