Demurrage Liability Disclosure Requirements

Forms and Documents

Document Name	Status
2023-27946.pdf Supplementary Document	2023-12-20
2023-20552.pdf Supplementary Document	2023-12-20
2140-0021 -- Supporting Statement - 2023 Demurrage -- (to ROCIS).pdf Supporting Statement A	2023-12-20
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: 202312-2140-003
Status: Received in OIRA	Previous ICR Reference No: 202009-2140-002
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	Date Submitted to OIRA: 12/20/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	620	684
Time Burden (Hours)	1,331	1,435
Cost Burden (Dollars)	0	0

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Abstract: This collection requires a railroad to give notice to customers that it has a demurrage tariff. Under its tariff, a railroad assesses demurrage on the consignor (the shipper of the goods) for delays in loading cars at origin and on the consignee (the receiver of the goods) for delays in unloading cars and returning them to the rail carrier at destination. Demurrage can also, however, involve warehousemen that accept freight cars for loading and unloading but have no property interest in the freight being transported. Warehousemen are not typically owners of property being shipped (even though, by accepting the cars, they could be in a position to facilitate or impede car supply), but rail carriers may sometimes bill them for demurrage as well. Thus, with multiple participants, it is important to provide clarity and notice for all parties involved and that is what the notice requirement in this information collection does.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 65419	09/22/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 88209	12/20/2023
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 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	620	684	0	0	-64	0
Annual Time Burden (Hours)	1,331	1,435	0	0	-104	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement: The change or adjustment reported has been decreased due to agency staff estimates of the number of responses and hourly burdens per response.

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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: 12/20/2023

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