Reciprocal Switching for Inadequate Service

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2140-0044 Supporting Statement - Reciprocal Switching Agreement (EP 711) (to ROCIS).pdf	Supporting Statement A	Uploaded 2024-05-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
263563	Petition to Terminate Prescription		Unchanged
263562	Petition for Prescription of Reciprocal Switching		Unchanged
263561	Request and Response to Individualized Service Data		Modified
263560	Reciprocal Switching Weekly Reporting		Unchanged
263558	One-time Update to Data Collection Software		Modified

ICR Details

OMB Control No: 2140-0044	ICR Reference No: 202404-2140-001
Status: Active	Previous ICR Reference No: 202311-2140-001
Agency/Subagency: STB	Agency Tracking No:
Title: Reciprocal Switching for Inadequate Service
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/07/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/07/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved
Responses	341	0	0
Time Burden (Hours)	4,640	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: In Docket No. EP 711 (Sub-No. 2) (Final Rule), the Board issued a new set of regulations that would provide for the prescription of reciprocal switching agreements to address inadequate rail service, as determined using objective standards based on a carrier’s original estimated time of arrival, transit time, and first-mile and last-mile service. To help implement the new regulations, the Board proposes (1) to require Class I carriers to submit certain data, which would be publicly accessible and generalized; and (2) to adopt a new requirement that, upon written request by a customer, a rail carrier must provide to that customer individualized, machine-readable service data. The Class I carriers also required to update their definitions of original estimated time of arrival (OETA) and “industry spot and pull” (ISP) standard for its required reporting. Based on this information, the shippers/receivers would be required to file a petition seeking the prescription of a reciprocal switching agreement, and the Class I carriers would be able to file a petition to terminate that prescription.

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Authorizing Statute(s): US Code: 49 USC 11102 Name of Law: Use of terminal facilities
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB60	Final or interim final rulemaking	89 FR 38646	05/07/2024

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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: 5

table that charts list of burden

IC Title	Form No.	Form Name
One-time Update to Data Collection Software
Petition for Prescription of Reciprocal Switching
Petition to Terminate Prescription
Reciprocal Switching Weekly Reporting
Request and Response to Individualized Service Data

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ICR Summary of Burden

table that charts list 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	341	0	0	341	0	0
Annual Time Burden (Hours)	4,640	0	0	4,640	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: In the Final Rule, the Board made some changes to the burdens estimated in its Notice of Proposed Rule Making. First, the Board increased the burden estimates for the one-time hourly burden to update two definitions in the Class I carriers' data systems upwards to reflect that complexity. The estimated one-time hourly burden for an update to the carriers’ systems increased from 480 hours (80 hours per carrier) to 1,440 hours (240 hours per carrier). Second, out of an abundance of caution, the Board increased its estimate of the annual number of written data requests to 72 (12 per carrier) and its estimate of the hourly burden per request to 16 hours per request. The total estimate for written requests therefore increased to 1,152 hours.

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Annual Cost to Federal Government: $110,597

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: 05/07/2024

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