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
This is an existing collection, which is being adjusted to update the burdens and costs based on the actual number of recent filings, using a recent three-year average. Based on the difference between the currently applicable three-year average (2020-2022) and the previously used three-year average (using 2017-2019), the estimated number of applications increased by four filings, petitions increased by three, notices decreased by 15, and interchange commitments increased by one. Additionally, the estimated number of burden hours increased for all types of filings with applications increasing by 51 hours, petitions by 17, notices by six, and interchange commitments by two. As a result of the estimated distribution and hourly burden changes, there is a net hourly burden increase of approximately 3,043 burden hours.
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.
2140-0023 Supporting Statement 2023 -- Statutory Licencing (to ROCIS).pdf
Disclosure of Rail Interchange Commitments