60-day FRN

60-Day Notice of Intent To Seek Extension of Approval and..., 83 FR 17210-01

83 FR 17210-01, 2018 WL 1807151(F.R.)
NOTICES
SURFACE TRANSPORTATION BOARD
60-Day Notice of Intent To Seek Extension of Approval and
Merger of Collections: Statutory Authority To Preserve Rail Service
Wednesday, April 18, 2018
AGENCY: Surface Transportation Board.

*17210 ACTION: Notice and request for comments.
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 information collections. The Board is also
seeking approval to merge into this collection (OMB Control Number: 2140-0022) the collection of information about
notifications of Trails Act agreement and substitute sponsorship (OMB Control Number: 2140-0017).
DATES: Comments on this information collection should be submitted by June 18, 2018.
ADDRESSES: Direct all comments to Chris Oehrle, PRA Officer, Surface Transportation Board, 395 E Street SW,
Washington, DC 20423-0001, or to [email protected]. When submitting comments, please refer to “Paperwork Reduction
Act Comments, Statutory Authority to Preserve Rail Service.”
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: The Board currently collects information from those seeking statutory
authority to preserve rail carrier service under OMB Control Number 2140-0022. The authority under OMB Control
Number 2140-0022 includes the collection of information under the Trails Act and its regulations, such as the
notifications of Trails Act agreement and substitute sponsorship, which is also addressed under OMB Control Number
2140-0017. This request proposes to combine collections under Control Numbers 2140-0017 and 2140-0022, with
2140-0022 being the survivor. The Board will request to discontinue Control Number 2140-0017 upon OMB approval
of the merger.
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 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 1
Title: Statutory Authority to Preserve Rail Service.
OMB Control Number: 2140-0022.

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60-Day Notice of Intent To Seek Extension of Approval and..., 83 FR 17210-01

STB Form Number: None.
Type of Review: Extension without change.
Respondents: Affected shippers, communities, or other interested persons seeking to preserve rail service over rail lines
that are proposed or identified for abandonment, and railroads that are required to provide information to the offeror
or applicant.
Number of Respondents: 40.
Frequency: On occasion.
Table—Number of Yearly Responses

Type of filing

Number

of filings

Offer of Financial Assistance
1

OFA—Railroad Reply to Request for Information
1

OFA—Request To Set Terms and Conditions
1

Request for Public Use Condition
1

Feeder Line Application
5

Trail-Use Request
23

Trail-Use Request Extension
84

Total Burden Hours (annually including all respondents): 826 Hours (sum total of estimated hours per response x number
of responses for each type of filing).
Table—Estimated Hours per Response

Type of filing

Number of hours per

response

Offer of Financial Assistance

OFA—Railroad Reply to Request for Information

OFA—Request To Set Terms and Conditions

Request for Public Use Condition

Feeder Line Application

Trail-Use Request

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10

4

2

70

4

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60-Day Notice of Intent To Seek Extension of Approval and..., 83 FR 17210-01

Trail-Use Request Extension

Total “Non-hour Burden” Cost: None identified. Filings may be submitted electronically to the Board.

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Needs and Uses: Under the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995), amended by the
Surface Transportation Board Reauthorization Act of 2015, Public Law 114-110 (2015), and under Section 8(d) of the
Trails Act, persons seeking to preserve rail service over a rail line that is in the process of being abandoned may file
pleadings before the Board to *17211 acquire or subsidize a rail line for continued service, or to impose a trail use/
railbanking or public use condition.
First, under 49 U.S.C. 10904, the filing of an “Offer of Financial Assistance” (OFA) starts a process of negotiations to
define the financial assistance needed to purchase or subsidize the rail line sought for abandonment. Once the OFA is
filed, the offeror may request additional information from the railroad, which the railroad must provide. If the parties
cannot agree to the sale or subsidy, either party also may file a request for the Board to set the terms and conditions of
the financial assistance. Or, under section 10905, a public use request allows the Board to impose a 180-day public use
condition on the abandonment of a rail line, permitting the parties to negotiate a public use for the rail line. Alternatively,
under section 10907, a feeder line application provides the basis for authorizing an involuntary sale of a rail line.
Finally, under the Trails Act and its regulations (49 CFR 1152.29), a trail-use request, if agreed upon by the abandoning
carrier, requires the Board to condition the abandonment by issuing a Notice of Interim Trail Use (NITU) or Certificate
of Interim Trail Use (CITU). The CITU/NITU permits parties, for 180 days, to negotiate for an interim trail use/
railbanking agreement for the rail line. If parties reach an agreement, the CITU/NITU automatically authorizes interim
trail use/railbanking, and the parties must notify the Board that they have reached an agreement. The interim trails use/
railbanking preserves the rail corridor for possible future use as an active rail line again. If no agreement is reached,
then upon expiration of the negotiation period, the CITU/NITU authorizes the railroad to exercise its option to fully
abandon the line without further action by the Board.
The collection by the Board of these offers, requests, and applications, and the railroad's replies (when required), enables
the Board to meet its statutory duty to regulate the referenced rail transactions.

Description of Collection 2
Title: Notifications of Trails Act Agreement and Substitute Sponsorship.
OMB Control Number: 2140-0017.
STB Form Number: None.
Type of Review: Merger.
Respondents: Rail carriers; parties to an interim trail use agreement; substitute trail sponsors; and state and local
governments.
Number of Respondents: 40.
Estimated Time per Response: One hour.
Frequency: On occasion.

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60-Day Notice of Intent To Seek Extension of Approval and..., 83 FR 17210-01

Total Burden Hours (annually including all respondents): 40 hours.
Total “Non-hour Burden” Cost: None identified. Submissions may be submitted electronically to the Board.
Needs and Uses: As described in “Description of Collection 1” above, the STB will issue a CITU or NITU to a prospective
trail sponsor who seeks a trails use/railbanking agreement with the rail carrier of the rail line that is being abandoned.
The CITU/NITU permits parties, for 180 days, to negotiate for a trails use/railbanking agreement. If parties reach an
agreement, then, under 49 CFR 1152.29, they must jointly notify the Board of that fact and must identify the exact
location of the right-of-way subject to the agreement, including a map and milepost marker information. The rules also
require parties to file a petition to modify or vacate the CITU/NITU if the trail use/railbanking agreement applies to less
of the right-of-way than what is covered by the CITU/NITU. Finally, the rules require that a substitute trail sponsor must
acknowledge that interim trail use is subject to restoration and reactivation at any time. The collection by the Board of
this information enables the agency to ensure that the documentation for activities under the Trails Act remains current.
The Board makes this submission because, under the PRA, a federal agency that conducts or sponsors a collection of
information must display a currently valid OMB control number. The Board also notes that it will be seeking approval to
merge the two related collections, as described above. 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. Under 44 U.S.C. 3506(c)(2)(A), federal agencies are required to provide, prior
to an agency's submitting a collection to OMB for approval, a 60-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: April 13, 2018.
Jeffrey Herzig,
Clearance Clerk.

[FR Doc. 2018-08095 Filed 4-17-18; 8:45 am]
BILLING CODE 4915-01-P

End of Document

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