Notice2023-27946
30-Day Notice of Intent To Seek Extension of Approval of Collection: Demurrage Liability Disclosure Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2023
Issuing agencies
Surface Transportation Board
Abstract
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Demurrage Liability Disclosure Requirements, as described below.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88209-88211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27946]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
30-Day Notice of Intent To Seek Extension of Approval of
Collection: Demurrage Liability Disclosure Requirements
AGENCY: Surface Transportation Board.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the
Surface Transportation Board (STB or Board) gives notice of its intent
to seek approval from the Office of Management and Budget (OMB) for an
extension of the collection of Demurrage Liability Disclosure
Requirements, as described below.
[[Page 88210]]
DATES: Comments on this information collection should be submitted by
January 19, 2024.
ADDRESSES: Written comments should be identified as ``Paperwork
Reduction Act Comments, Demurrage Liability Disclosure Requirements.''
Written comments for this information collection should be submitted
via <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. This information collection can
be accessed by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. As an alternative, written
comments may be directed to the Office of Management and Budget, Office
of Information and Regulatory Affairs, Attention: Michael J. McManus,
Surface Transportation Board Desk Officer: via email at
<a href="/cdn-cgi/l/email-protection#d4bbbda6b58ba7a1b6b9bda7a7bdbbba94bbb9b6fab1bba4fab3bba2"><span class="__cf_email__" data-cfemail="127d7b60734d6167707f7b61617b7d7c527d7f703c777d623c757d64">[email protected]</span></a>; by fax at (202) 395-1743; or by mail to
Room 10235, 725 17th Street NW, Washington, DC 20503.
Please also direct all comments to Chris Oehrle, PRA Officer,
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001, or to <a href="/cdn-cgi/l/email-protection#cb9b998a8bb8bfa9e5aca4bd"><span class="__cf_email__" data-cfemail="a9f9fbe8e9daddcb87cec6df">[email protected]</span></a>. When submitting comments, please refer to
``Paperwork Reduction Act Comments, Demurrage Liability Disclosure
Requirements.'' For further information regarding this collection,
contact Pedro Ramirez at (202) 245-0333 or <a href="/cdn-cgi/l/email-protection#fb8b9e9f8994d5899a9692899e81bb888f99d59c948d"><span class="__cf_email__" data-cfemail="d9a9bcbdabb6f7abb8b4b0abbca399aaadbbf7beb6af">[email protected]</span></a>. If
you require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
SUPPLEMENTARY INFORMATION: The Board previously published a notice
about this collection in the Federal Register (88 FR 65419 (September
22, 2023)). That notice allowed for a 60-day public review and comment
period. No comments were received.
Comments are requested concerning each collection as to (1) whether
the particular collection of information is necessary for the proper
performance of the functions of the Board, including whether the
collection has practical utility; (2) the accuracy of the Board's
burden estimates; (3) ways to enhance the quality, utility, and clarity
of the information collected; and (4) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology, when appropriate. Submitted comments will be included and
summarized in the Board's request for OMB approval.
Description of Collection
Title: Demurrage Liability Disclosure Requirements.
OMB Control Number: 2140-0021.
Form Number: None.
Type of Review: Extension without change.
Respondents: Freight railroads subject to the Board's jurisdiction.
Number of Respondents: Approximately 620 (including six Class I
carriers).
Estimated Time per Response: One hour for each disclosure.
Frequency: On occasion. The existing demurrage liability disclosure
requirement is triggered in two circumstances: (1) when a shipper
initially arranges with a railroad for transportation of freight
pursuant to the rail carrier's tariff; or (2) when a rail carrier
changes the terms of its demurrage tariff.
Total Burden Hours (annually including all respondents): 1,330.7
hours. Consistent with the existing, approved information collection,
Board staff estimates that: (1) six Class I carriers would each take on
18 new customers each year (108 hours); (2) each of the six Class I
carriers would update its demurrage tariffs annually (6 hours); (3) 620
non-Class I carriers (which are already subject to the existing
collection requirements, but which will not be subject to the new
requirements) would each take on one new customer a year (620 hours);
and (4) each of the non-Class I carriers would update its demurrage
tariffs every three years (206.7 hours annualized). For the requirement
that Class I carriers must directly bill the shipper for demurrage when
the shipper and warehouseman agree to the arrangement and so notify the
rail carrier, Board staff estimates that annually six Class I carriers
would each receive 65 direct-billing agreements per year at one hour
per agreement (390 hours).
The total hourly burdens are also set forth in the table below.
Table--Total Burden Hours
[Per year]
----------------------------------------------------------------------------------------------------------------
Burden for
New customer Tariff update invoicing Total annual
Respondents burden burden agreement burden hours
(hours) (hours) (hours)
----------------------------------------------------------------------------------------------------------------
6 Class I Carriers.............................. 108 6 390 504
620 Non-Class I Carriers........................ 620 206.7 .............. 826.7
---------------------------------------------------------------
Totals...................................... 728 212.7 390 1,330.7
----------------------------------------------------------------------------------------------------------------
Total ``Non-hour Burden'' Cost: There are no other costs
identified. Any submissions may be submitted electronically.
Needs and Uses: Demurrage is subject to Board regulation under 49
U.S.C. 10702, which requires railroads to establish reasonable rates
and transportation-related rules and practices, and under 49 U.S.C.
10746, which requires railroads to compute demurrage charges, and
establish rules related to those charges, in a way that will fulfill
the national needs related to freight car use and distribution and
maintenance of an adequate car supply. Demurrage is a charge that
serves principally as an incentive to prevent undue car detention and
thereby encourage the efficient use of rail cars in the rail network,
while also providing compensation to rail carriers for the expense
incurred when rail cars are unduly detained beyond a specified period
of time (i.e., ``free time'') for loading and unloading. See Pa. R.R.
v. Kittaning Iron & Steel Mfg. Co., 253 U.S. 319, 323 (1920) (``The
purpose of demurrage charges is to promote car efficiency by penalizing
undue detention of cars.''); 49 CFR 1333.1; see also 49 CFR pt. 1201,
category 106.
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 required
only when the tariff changes materially. The parties rely on the
information in the demurrage tariffs to avoid demurrage disputes, and
the Board uses the tariffs
[[Page 88211]]
to adjudicate demurrage disputes that come before it. Class I carriers
are required to include certain minimum information on or with
demurrage invoices, take appropriate action to ensure that demurrage
charges are accurate and warranted, and directly bill the shipper for
demurrage when the shipper and warehouseman agree to that arrangement
and so notify the rail carrier. This collection and use of this
information by the Board enable the Board to meet its statutory duties.
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,
including each proposed extension of an existing collection of
information.
Dated: December 15, 2023.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-27946 Filed 12-19-23; 8:45 am]
BILLING CODE 4915-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.