Preservation of Rail Service

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2023-02569.pdf	Supplementary Document	Uploaded 2023-02-08	Repair queued
2022-25073.pdf	Supplementary Document	Uploaded 2023-02-08	Repair queued
2140-0022 Supporting Statement Extension of Preservation of Rail Service (to ROCIS).pdf	Supporting Statement A	Uploaded 2023-02-08	Repair queued
49_CFR_s_1152_29_5-6-15_1021.pdf	Supplementary Document	Uploaded 2018-06-26	Repair queued
Relevant Regulations -- 49 CFR 1151 and 1152.27-.29.doc	Supplementary Document	Uploaded 2012-08-09	Repair queued
Relevant Statutes -- 49 USC 10904-05 and 10907; 16 USC 1247(d).doc	Supplementary Document	Uploaded 2012-08-09	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
203569	Preservation of Rail Service		Modified

ICR Details

OMB Control No: 2140-0022	ICR Reference No: 202302-2140-001
Status: Active	Previous ICR Reference No: 201912-2140-002
Agency/Subagency: STB	Agency Tracking No:
Title: Preservation of Rail Service
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/04/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/08/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2026	36 Months From Approved	05/31/2023
Responses	16	0	74
Time Burden (Hours)	185	0	658
Cost Burden (Dollars)	1,800	0	1,200

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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: 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 10905 Name of Law: Public Use Condition Request
   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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 69074	11/17/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 8025	02/07/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Preservation of Rail Service

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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	16	74	0	-58	0	0
Annual Time Burden (Hours)	185	658	0	-473	0	0
Annual Cost Burden (Dollars)	1,800	1,200	0	600	0	0

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: Miscellaneous Actions

Short Statement: The only changes to the burdens relate to (1) a reduction in the estimated number of responses based on filings in the last three years, and (2) an inflationary increase in the cost of mailing certain notices (when required).

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Annual Cost to Federal Government: $5,544

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: 02/08/2023

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