Preservation of Rail Service

Forms and Documents

Document Name	Status
Supporting Statement - 2140-0022 Modificiation due to EP 749(1) (to ROCIS).pdf Supporting Statement A	2019-06-06
49_CFR_s_1152_29_5-6-15_1021.pdf Supplementary Document	2018-06-26
Relevant Regulations -- 49 CFR 1151 and 1152.27-.29.doc Supplementary Document	2012-08-09
Relevant Statutes -- 49 USC 10904-05 and 10907; 16 USC 1247(d).doc Supplementary Document	2012-08-09

IC Document Collections

IC ID	Document Title	Status
203569	Preservation of Rail Service	Modified

ICR Details

OMB Control No: 2140-0022	ICR Reference No: 201905-2140-005
Status: Historical Inactive	Previous ICR Reference No: 201806-2140-001
Agency/Subagency: STB	Agency Tracking No:
Title: Preservation of Rail Service
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/10/2019
	Date Received in OIRA: 06/06/2019
Terms of Clearance: Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved	09/30/2021
Responses	116	0	116
Time Burden (Hours)	826	0	826
Cost Burden (Dollars)	0	0	0

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Abstract: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (1995), and Section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) (Trails Act), persons seeking to preserve rail service may file pleadings before the Board to acquire or subsidize a rail line for continued service, or to impose a trail use or public use condition. More specifically, when a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board: an offer of financial assistance to subsidize or purchase a rail line for which a railroad is seeking abandonment (49 U.S.C. § 10904), including a request for the Board to set terms and conditions of the financial assistance; a request for a public use condition (§ 10905); or a trail-use request under the Trails Act. Similarly, when a line is placed on a system diagram map identifying it as an anticipated or potential candidate for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board a feeder line application to purchase the identified rail line (§ 10907). (Railroad owning the rail line subject to abandonment must, in some circumstances, provide information to the applicant or offeror.) The collection also encompasses certain notifications to the agency under the Trails Act and related regulations.

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Authorizing Statute(s): US Code: 49 USC 10905 Name of Law: Public Use Condition Request
   US Code: 16 USC 1247(d) Name of Law: Trails Use Request
   US Code: 49 USC 10907 Name of Law: Feeder Line Application
   US Code: 49 USC 10904 Name of Law: Offer of Financial Assistance
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2140-AB42	Proposed rulemaking	84 FR 26387	06/06/2019

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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: 1

IC Title	Form No.	Form Name
Preservation of Rail Service

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This is an existing collection, which is being adjusted to update the burdens and costs based on the proposed rule changes in the Supplemental Notice of Proposed Rulemaking (SPR). The SPR proposes to: (a) increase the initial interim trail use negotiating period from 180 days to one year; (b) limit trail use request extensions to three, one-year extensions (if the trail sponsor and the railroad agree) rather than an unlimited number of 180-day extensions; and (c) allow additional one-year extensions (if the trail sponsor and the railroad agree and good cause is shown). Due to these rule changes, the Board estimates that there will be a 168-hour reduction in the burden hours to respondents. This reduction is derived from the assumption that, if the length of each extension is doubled, then the number of extensions will be reduced by half. Due to the doubling of the length of these extensions, the Board now estimates that there will only be half as many trail use request extensions annually.

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Annual Cost to Federal Government: $231,370

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? Uncollected

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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: 06/06/2019

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