82 FR 38985 - 30-Day Notice of Intent To Seek Extension of Approval: Demurrage Liability Disclosure Requirements

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 157 (August 16, 2017)

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval for the collection of Demurrage Liability Disclosure Requirements. The Board previously published a notice about this collection in the Federal Register. 60-Day Notice of Intent to Seek Extension of Approval: Demurrage Liability Disclosure Requirements, 82 FR 16,872 (Apr. 6, 2017). That notice allowed for a 60-day public review and comment period. No comments were received.

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38985-38986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17340]


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SURFACE TRANSPORTATION BOARD


30-Day Notice of Intent To Seek Extension of Approval: Demurrage 
Liability Disclosure Requirements

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995, the Surface 
Transportation Board (STB or Board) gives notice that it is requesting 
from the Office of Management and Budget (OMB) an extension of approval 
for the collection of Demurrage Liability Disclosure Requirements. The 
Board previously published a notice about this collection in the 
Federal Register. 60-Day Notice of Intent to Seek Extension of 
Approval: Demurrage Liability Disclosure Requirements, 82 FR 16,872 
(Apr. 6, 2017). That notice allowed for a 60-day public review and 
comment period. No comments were received.

DATES: Comments on this information collection should be submitted by 
September 15, 2017.

ADDRESSES: Written comments should be identified as ``Paperwork 
Reduction Act Comments, Surface Transportation Board: Demurrage 
Liability Disclosure Requirements.'' These comments should be directed 
to the Office of Management and Budget, Office of Information and 
Regulatory Affairs, Attention: Chad Lallemand, Surface Transportation 
Board Desk Officer, by email at [email protected], by fax at 
(202) 395-6974; or by mail to Room 10235, 725 17th Street NW., 
Washington, DC 20503. Please also direct comments to Chris Oehrle, PRA 
Officer, Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001, or to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
collection, contact Michael Higgins, Deputy Director, Office of Public 
Assistance, Governmental Affairs, and Compliance at (202) 245-0284 or 
at [email protected]. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: Comments are requested concerning: (1) The 
accuracy of the Board's burden estimates; (2) ways to enhance the 
quality, utility, and clarity of the information collected; (3) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated

[[Page 38986]]

collection techniques or other forms of information technology, when 
appropriate; and (4) whether the collection of information is necessary 
for the proper performance of the functions of the Board, including 
whether the collection has practical utility. Submitted comments will 
be summarized and included in the Board's request for OMB approval.

Description of Collection

    Title: Demurrage Liability Disclosure Requirements.
    OMB Control Number: 2140-0021.
    STB Form Number: None.
    Type of Review: Extension with change (relating to the change in 
burden hours based on the estimated decrease in (a) the number of 
respondents from 650 to 575 and (b) the time per response from eight 
hours to one hour, due to fact that the unique burdens associated with 
the initiation of the collection no longer exist).
    Respondents: Freight railroads subject to the Board's jurisdiction.
    Number of Respondents: 575 (including seven Class I [i.e., large] 
railroads).
    Estimated Time per Response: One hour.
    Frequency: Occasionally. The notice requirement is triggered in two 
circumstances: (1) When a shipper initially arranges with a railroad 
for transportation of goods pursuant to the railroad's tariff; or (2) 
when a railroad changes the terms of its demurrage tariff.
    Total Burden Hours (annually including all respondents): 864.6 
hours. Board staff estimates that: (1) Seven Class I railroads will 
each take on 15 new customers each year (105 hours); (2) each of the 
seven Class I railroads will update its demurrage tariffs every three 
years (2.3 hours annualized); (3) 568 non-Class I railroads will each 
take on one new customer a year (568 hours); and (4) each non-Class I 
railroad will update its demurrage tariffs every three years (189.3 
hours annualized).
    Total ``Non-hour Burden'' Cost: No non-hourly cost burdens 
associated with this collection have been identified. The notice may be 
provided electronically.
    Needs and Uses: Demurrage is a charge that railroads assess their 
customers for detaining rail cars beyond a specified amount of time. It 
both compensates railroads for expenses incurred for that rail car, and 
serves as a penalty for undue car detention to promote efficiency. 
Demurrage is subject to the Board's jurisdiction under 49 U.S.C. 10702 
and 10746, which require railroads to compute demurrage charges and to 
establish demurrage-related rules.
    A railroad and its customers may enter into demurrage contracts 
without providing notice, but, in the absence of such contracts, 
demurrage will be governed by the railroad's demurrage tariff. Under 49 
CFR 1333.3, a railroad's ability to charge demurrage pursuant to its 
tariff is conditional 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. Once a shipper receives a notice as to a 
particular tariff, additional notices are only required when the tariff 
changes materially. The parties use the information in these disclosure 
requirements to avoid demurrage disputes, and the Board uses the 
information to resolve demurrage disputes that come before the agency.
    Under the PRA, a federal agency that conducts or sponsors a 
collection of information must display a currently valid OMB control 
number. A collection of information, which is defined in 44 U.S.C. 
3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons 
submit reports, keep records, or provide information to the agency, 
third parties, or the public. Section 3507(b) of the PRA requires, 
concurrent with an agency's submitting a collection to OMB for 
approval, a 30-day notice and comment period through publication in the 
Federal Register concerning each proposed collection of information.

    Dated: August 11, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-17340 Filed 8-15-17; 8:45 am]
 BILLING CODE 4915-01-P