80 FR 38509 - Information Collection Activities: Statutory Authority To Preserve Rail Service
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 128 (July 6, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 128 (July 6, 2015)
| Page Range | 38509-38511 | |
| FR Document | 2015-16420 |
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)] [Notices] [Pages 38509-38511] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16420] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Authority To Preserve Rail Service AGENCY: Surface Transportation Board, DOT. ACTION: 60-day notice and request for comments. ----------------------------------------------------------------------- SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of the information collections required under 49 U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d). Under these statutory provisions, the Board administers programs designed to preserve railroad service or rail rights-of-way. 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 (OFA) 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 (Sec. 10905); or a trail-use request (16 U.S.C. 1247(d)). 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 (Sec. 10907). When a line is so placed on the map, the feeder line applicant need not demonstrate that the public convenience and necessity require or permit the sale of the line, but need only pay the constitutional minimum value to acquire it. Additionally, the railroad owning the rail line subject to abandonment must, in some circumstances, provide [[Page 38510]] information to the applicant or offeror. The relevant information collections are described in more detail below. 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 Collections Title: Statutory Authority to Preserve Rail Service. OMB Control Number: 2140-0022. 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 (including informational filings required of railroads). Frequency: On occasion. Table--Number of Yearly Responses ------------------------------------------------------------------------ Number of Type of filing filings ------------------------------------------------------------------------ Offer of Financial Assistance........................... 1 OFA--Railroad Reply to Request for Information.......... 2 OFA--Request to Set Terms and Conditions................ 1 Request for Public Use Condition........................ 1 Feeder Line Application................................. 1 Trail-Use Request....................................... 27 Trail-Use Request Extension............................. 94 ------------------------------------------------------------------------ Total Burden Hours (annually including all respondents): 612 hours (sum total of estimated hours per response X number of responses for each type of filing). Table--Estimated Hours per Response ------------------------------------------------------------------------ Number of Type of filing hours per response ------------------------------------------------------------------------ Offer of Financial Assistance........................... 32 hours OFA--Railroad Reply to Request for Information.......... 10 hours OFA--Request to Set Terms and Conditions................ 4 hours Request for Public Use Condition........................ 2 hours Feeder Line Application................................. 70 hours Trail-Use Request....................................... 4 hours Trail-Use Request Extension............................. 4 hours ------------------------------------------------------------------------ Total ``Non-hour Burden'' Cost: None identified. Filings are submitted electronically to the Board. Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 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. Under 49 U.S.C. 10904, the filing of an 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. Under Sec. 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. Under Sec. 10907, a feeder line application provides the basis for authorizing an involuntary sale of a rail line. Finally, under 16 U.S.C. 1247(d), 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), permitting the parties to negotiate an interim trail use/rail banking agreement for the rail line. 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. See Table--Statutory and Regulatory Provisions below. Retention Period: Information in these collections is maintained by the Board for 10 years, after which it is transferred to the National Archives as permanent records. DATES: Comments on this information collection should be submitted by September 4, 2015. ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or to [email protected]. When submitting comments, please refer to ``Statutory Authority to Preserve Rail Service.'' For further information regarding this collection, contact [email protected] or Chris Oehrle at (202) 245- 0271. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] Filings made in responses to this collection are available on the Board's Web site at www.stb.dot.gov. SUPPLEMENTARY INFORMATION: Respondents seeking authority from the Board to preserve rail lines must submit certain information required under the Board's related regulations and, in some circumstances, railroads seeking to abandon a line must disclose certain information to the offeror or applicant. Offer of Financial Assistance. When a rail line would otherwise be approved for abandonment (or discontinuance), any financially responsible person may seek to acquire the line for continued rail service (after abandonment has been approved), or may seek to temporarily subsidize continued operations by the incumbent railroad (after abandonment or discontinuance has been approved), by filing an OFA under 49 U.S.C. 10904 and 49 CFR 1152.27. An OFA may be submitted to the Board as soon as the railroad seeks abandonment (or discontinuance) authority. Once an OFA is submitted, the abandoning railroad must, upon request, promptly provide to any party considering an OFA and to the Board an estimate of the annual subsidy or minimum purchase price; a report on the physical condition of line; and data on traffic, revenues, net liquidation value, and the cost to rehabilitate to class I (minimum) track standards. If the parties are not able to agree upon the purchase price or subsidy, then, to move forward, either party may ask the Board to set the price or subsidy, which will be binding upon the parties if the offeror chooses to accept the terms set by the Board and proceed with the purchase. Public Use Request. Any person may request that the Board prohibit an abandoning railroad from disposing of the right-of-way--for up to 180 days--without first offering the right-of-way (on reasonable terms) for other suitable public purposes (such as mass transit, [[Page 38511]] pipeline, transmission lines, recreation, etc.). Such requests are governed by 49 U.S.C. 10905 and 49 CFR 1152.28. Feeder Line Application. When a line has been identified on a railroad's system diagram map as a potential candidate for abandonment (or discontinuance), but before abandonment (or discontinuance) authority has been sought, any financially responsible person (other than a Class I or II railroad) may, by filing a feeder line application under 49 U.S.C. 10907 and 49 CFR 1151, seek to acquire the line for continued rail service under the forced sale provisions of the feeder railroad development program. Trail-Use Request. The Trails Act provides a mechanism whereby any interested person may seek to ``railbank'' a rail right-of-way that has been approved for abandonment and use the property in the interim as a recreational trail. The Board has a ministerial role in this process; under 49 CFR 1152.29, interested persons may submit a request to the Board for a trail-use condition, and if the statutory conditions are met, the Board must authorize the parties to negotiate a trail-use agreement by issuing a CITU, or, in an exemption proceeding, a NITU. The CITU or NITU typically permit negotiations for 180 days, but the negotiations can be extended upon request to the Board. Under the Trails Act, trail-use agreements are consensual, not forced. The abandoning railroad is free to choose whether or not to enter into or continue negotiations to transfer (all or part of) the right-of-way to a trail sponsor. Under the PRA, a Federal agency conducting or sponsoring 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. Under Sec. 3506(c)(2)(A) of the PRA, 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: June 29, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015-16420 Filed 7-2-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38509
TABLE—ESTIMATED HOURS PER their interests through merger or a Board, 395 E Street SW., Washington,
RESPONSE common-control arrangement are DC 20423–0001, or to PRA@stb.dot.gov.
required to file an application for prior When submitting comments, please
Number of hours approval and authority with the Board. refer to ‘‘Statutory Licensing and
per response See 49 U.S.C. 10901–03 and 11323–26. Consolidation Authority.’’ For further
Type of filing under 49 U.S.C. Under 49 U.S.C. 10502, persons may information regarding this collection,
10901–03 and
11323–26 seek an exemption from many of the contact PRA@stb.dot.gov or Chris Oehrle
application requirements of §§ 10901– at (202) 245–0271. [Federal Information
Applications .................... 524 03 and 11323–26 by filing with the Relay Service (FIRS) for the hearing
Petitions * ........................ 58 Board a petition for exemption or notice impaired: (800) 877–8339.] Filings made
Notices * .......................... 19 of exemption in lieu of an application. in responses to this collection are
* Under § 10502, petition for exemptions and The collection by the Board of these available on the Board’s Web site at
notices of exemption are permitted in lieu of applications, petitions, and notices www.stb.dot.gov.
an application. enables the Board to meet its statutory
SUPPLEMENTARY INFORMATION: Under
Total ‘‘Non-hour Burden’’ Cost (such duty to regulate the referenced rail
§§ 10901–03 and 11323–26, an
as filing fees): None identified. Filings transactions. See Table—Statutory and
application is required to seek authority
are submitted electronically to the Regulatory Provisions below.
under these sections, unless an
Board. Retention Period: Information in these
applicant receives an exemption under
collections is maintained by Board for
Needs and Uses: Under the Interstate 49 U.S.C. 10502. Respondents seeking
10 years, after which it is transferred to
Commerce Act, as amended by the ICC such authority from the Board must
the National Archives as permanent
Termination Act of 1995, Public Law submit certain information required
records.
104–88, 109 Stat. 803 (1995), persons under the Board’s related regulations.
seeking to construct, acquire or operate DATES: Comments on this information The table below shows the statutory and
a line of railroad and railroads seeking collection should be submitted by regulatory provisions under which the
to abandon or to discontinue operations September 4, 2015. Board requires the information
over a line of railroad or, in the case of ADDRESSES: Direct all comments to collections that are the subject of this
two or more railroads, to consolidate Chris Oehrle, Surface Transportation notice.
TABLE—STATUTORY AND REGULATORY PROVISIONS *
Statutory
Certificate required Regulations
provision
Construct, Acquire, or Operate Railroad Lines ............................................................................... 49 U.S.C. 10901 ....... 49 CFR Part 1150.
Short Line purchases by Class II and Class III Rail Carriers ......................................................... 49 U.S.C. 10902 ....... 49 CFR 1150.41–45.
Abandonments and Discontinuances .............................................................................................. 49 U.S.C. 10903 ....... 49 CFR Part 1152.
Railroad Acquisitions, Trackage Rights, and Leases ...................................................................... 49 U.S.C. 11323–26 .. 49 CFR Part 1180.
* STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_
stbrules.html).
Under the PRA, a Federal agency DEPARTMENT OF TRANSPORTATION service by filing with the Board: An
conducting or sponsoring a collection of offer of financial assistance (OFA) to
information must display a currently Surface Transportation Board subsidize or purchase a rail line for
valid OMB control number. A collection which a railroad is seeking
Information Collection Activities: abandonment (49 U.S.C. 10904),
of information, which is defined in 44
Statutory Authority To Preserve Rail including a request for the Board to set
U.S.C. 3502(3) and 5 CFR 1320.3(c), Service
includes agency requirements that terms and conditions of the financial
persons submit reports, keep records, or AGENCY: Surface Transportation Board, assistance; a request for a public use
provide information to the agency, third DOT. condition (§ 10905); or a trail-use
60-day notice and request for
ACTION: request (16 U.S.C. 1247(d)). Similarly,
parties, or the public. Under
comments. when a line is placed on a system
§ 3506(c)(2)(A) of the PRA, Federal
diagram map identifying it as an
agencies are required to provide, prior SUMMARY: As required by the Paperwork anticipated or potential candidate for
to an agency’s submitting a collection to Reduction Act of 1995, 44 U.S.C. 3501– abandonment, affected shippers,
OMB for approval, a 60-day notice and 3519 (PRA), the Surface Transportation communities, or other interested
comment period through publication in Board (STB or Board) gives notice of its persons may seek to preserve rail
the Federal Register concerning each intent to seek from the Office of service by filing with the Board a feeder
proposed collection of information, Management and Budget (OMB) an line application to purchase the
including each proposed extension of an extension of the information collections identified rail line (§ 10907). When a
existing collection of information. required under 49 U.S.C. 10904–05 and line is so placed on the map, the feeder
Dated: June 29, 2015. 10907, and 16 U.S.C. 1247(d). line applicant need not demonstrate that
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Under these statutory provisions, the the public convenience and necessity
Jeffrey Herzig,
Board administers programs designed to require or permit the sale of the line, but
Clearance Clerk. preserve railroad service or rail rights- need only pay the constitutional
[FR Doc. 2015–16447 Filed 7–2–15; 8:45 am] of-way. When a line is proposed for minimum value to acquire it.
BILLING CODE 4915–01–P abandonment, affected shippers, Additionally, the railroad owning the
communities, or other interested rail line subject to abandonment must,
persons may seek to preserve rail in some circumstances, provide
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![38510 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices
information to the applicant or offeror. TABLE—ESTIMATED HOURS PER for 10 years, after which it is transferred
The relevant information collections are RESPONSE to the National Archives as permanent
described in more detail below. records.
Comments are requested concerning: Number of DATES: Comments on this information
Type of filing hours per collection should be submitted by
(1) The accuracy of the Board’s burden response
estimates; (2) ways to enhance the September 4, 2015.
quality, utility, and clarity of the Offer of Financial Assistance 32 hours ADDRESSES: Direct all comments to
information collected; (3) ways to OFA—Railroad Reply to Re- Chris Oehrle, Surface Transportation
minimize the burden of the collection of quest for Information ......... 10 hours Board, 395 E Street SW., Washington,
OFA—Request to Set Terms DC 20423–0001, or to PRA@stb.dot.gov.
information on the respondents, and Conditions .................. 4 hours When submitting comments, please
including the use of automated Request for Public Use Con- refer to ‘‘Statutory Authority to Preserve
collection techniques or other forms of dition .................................. 2 hours Rail Service.’’ For further information
information technology when Feeder Line Application ........ 70 hours
regarding this collection, contact PRA@
appropriate; and (4) whether the Trail-Use Request ................. 4 hours
collection of information is necessary Trail-Use Request Extension 4 hours stb.dot.gov or Chris Oehrle at (202) 245–
0271. [Federal Information Relay
for the proper performance of the
Total ‘‘Non-hour Burden’’ Cost: None Service (FIRS) for the hearing impaired:
functions of the Board, including (800) 877–8339.] Filings made in
identified. Filings are submitted
whether the collection has practical electronically to the Board. responses to this collection are available
utility. Submitted comments will be Needs and Uses: Under the Interstate on the Board’s Web site at
summarized and included in the Commerce Act, as amended by the ICC www.stb.dot.gov.
Board’s request for OMB approval. Termination Act of 1995, Public Law SUPPLEMENTARY INFORMATION:
Description of Collections 104–88, 109 Stat. 803 (1995), and Respondents seeking authority from the
Section 8(d) of the National Trails Board to preserve rail lines must submit
Title: Statutory Authority to Preserve System Act, 16 U.S.C. 1247(d) (Trails certain information required under the
Rail Service. Act), persons seeking to preserve rail Board’s related regulations and, in some
OMB Control Number: 2140–0022. service may file pleadings before the circumstances, railroads seeking to
Board to acquire or subsidize a rail line abandon a line must disclose certain
STB Form Number: None. for continued service, or to impose a information to the offeror or applicant.
Type of Review: Extension without trail use or public use condition. Under Offer of Financial Assistance. When a
change. 49 U.S.C. 10904, the filing of an OFA rail line would otherwise be approved
Respondents: Affected shippers, starts a process of negotiations to define for abandonment (or discontinuance),
the financial assistance needed to any financially responsible person may
communities, or other interested
purchase or subsidize the rail line seek to acquire the line for continued
persons seeking to preserve rail service
sought for abandonment. Once the OFA rail service (after abandonment has been
over rail lines that are proposed or is filed, the offeror may request approved), or may seek to temporarily
identified for abandonment, and additional information from the subsidize continued operations by the
railroads that are required to provide railroad, which the railroad must incumbent railroad (after abandonment
information to the offeror or applicant. provide. If the parties cannot agree to or discontinuance has been approved),
Number of Respondents: 40 the sale or subsidy, either party also by filing an OFA under 49 U.S.C. 10904
(including informational filings required may file a request for the Board to set and 49 CFR 1152.27. An OFA may be
of railroads). the terms and conditions of the financial submitted to the Board as soon as the
Frequency: On occasion. assistance. Under § 10905, a public use railroad seeks abandonment (or
request allows the Board to impose a discontinuance) authority. Once an OFA
180-day public use condition on the is submitted, the abandoning railroad
TABLE—NUMBER OF YEARLY must, upon request, promptly provide to
abandonment of a rail line, permitting
RESPONSES the parties to negotiate a public use for any party considering an OFA and to
the rail line. Under § 10907, a feeder the Board an estimate of the annual
Number of
Type of filing filings line application provides the basis for subsidy or minimum purchase price; a
authorizing an involuntary sale of a rail report on the physical condition of line;
Offer of Financial Assistance 1 line. Finally, under 16 U.S.C. 1247(d), a and data on traffic, revenues, net
OFA—Railroad Reply to Re- trail-use request, if agreed upon by the liquidation value, and the cost to
quest for Information ......... 2 abandoning carrier, requires the Board rehabilitate to class I (minimum) track
OFA—Request to Set Terms to condition the abandonment by standards. If the parties are not able to
and Conditions .................. 1 issuing a Notice of Interim Trail Use agree upon the purchase price or
Request for Public Use Con- (NITU) or Certificate of Interim Trail subsidy, then, to move forward, either
dition .................................. 1 Use (CITU), permitting the parties to party may ask the Board to set the price
Feeder Line Application ........ 1 negotiate an interim trail use/rail or subsidy, which will be binding upon
Trail-Use Request ................. 27 banking agreement for the rail line. the parties if the offeror chooses to
Trail-Use Request Extension 94 The collection by the Board of these accept the terms set by the Board and
offers, requests, and applications, and proceed with the purchase.
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Total Burden Hours (annually the railroad’s replies (when required), Public Use Request. Any person may
including all respondents): 612 hours enables the Board to meet its statutory request that the Board prohibit an
(sum total of estimated hours per duty to regulate the referenced rail abandoning railroad from disposing of
response X number of responses for transactions. See Table—Statutory and the right-of-way—for up to 180 days—
each type of filing). Regulatory Provisions below. without first offering the right-of-way
Retention Period: Information in these (on reasonable terms) for other suitable
collections is maintained by the Board public purposes (such as mass transit,
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pipeline, transmission lines, recreation, DEPARTMENT OF TRANSPORTATION abandonment or discontinuance shall be
etc.). Such requests are governed by 49 protected under Oregon Short Line
U.S.C. 10905 and 49 CFR 1152.28. Surface Transportation Board Railroad—Abandonment Portion
Feeder Line Application. When a line [Docket No. AB 290 (Sub-No. 327X)] Goshen Branch Between Firth &
has been identified on a railroad’s Ammon, in Bingham & Bonneville
system diagram map as a potential Norfolk Southern Railway Company— Counties, Idaho, 360 I.C.C. 91 (1979). To
candidate for abandonment (or Abandonment, Discontinuance of address whether this condition
discontinuance), but before Trackage Rights and Discontinuance adequately protects affected employees,
abandonment (or discontinuance) of Service—in Cleveland and a petition for partial revocation under
authority has been sought, any Rutherford Counties, NC, and 49 U.S.C. 10502(d) must be filed.
financially responsible person (other Cherokee County, SC Provided no formal expression of
than a Class I or II railroad) may, by intent to file an offer of financial
Norfolk Southern Railway Company assistance (OFA) has been received, this
filing a feeder line application under 49 (NSR) has filed a verified notice of
U.S.C. 10907 and 49 CFR 1151, seek to exemption will be effective on August 5,
exemption under 49 CFR pt. 1152 2015, unless stayed pending
acquire the line for continued rail subpart F—Exempt Abandonments and
service under the forced sale provisions reconsideration. Petitions to stay that do
Discontinuance of Service for NSR to not involve environmental issues,3
of the feeder railroad development abandon and discontinue trackage rights
program. formal expressions of intent to file an
and service as follows: (1) NSR will OFA under 49 CFR 1152.27(c)(2),4 and
Trail-Use Request. The Trails Act abandon approximately 11.85 miles of trail use/rail banking requests under 49
provides a mechanism whereby any rail line, consisting of two line CFR 1152.29 must be filed by July 16,
interested person may seek to segments, one of which is located 2015. Petitions to reopen or requests for
‘‘railbank’’ a rail right-of-way that has between milepost SB 144.55 and public use conditions under 49 CFR
been approved for abandonment and milepost SB 154.50 and the other 1152.28 must be filed by July 27, 2015,
use the property in the interim as a between milepost SB 158.10 and with the Surface Transportation Board,
recreational trail. The Board has a milepost SB 160.00; (2) NSR will 395 E Street SW., Washington, DC
ministerial role in this process; under 49 discontinue trackage rights granted to it 20423–0001.5
CFR 1152.29, interested persons may by CSX Transportation, Inc. (CSXT) over A copy of any petition filed with the
submit a request to the Board for a trail- approximately 22.8 miles of CSXT track, Board should be sent to NSR’s
use condition, and if the statutory located between milepost SF 384.6 and representative: William A. Mullins,
conditions are met, the Board must milepost SF 407.4; 1 and (3) NSR will Baker & Miller PLLC, 2401 Pennsylvania
authorize the parties to negotiate a trail- discontinue service over approximately Ave. NW., Suite 300, Washington, DC
use agreement by issuing a CITU, or, in 3.20 miles of rail line, extending 20037.
an exemption proceeding, a NITU. The between milepost SB 144.55 and If the verified notice contains false or
CITU or NITU typically permit milepost SB 141.35 (collectively, the misleading information, the exemption
negotiations for 180 days, but the Line).2 The Line traverses United States is void ab initio.
negotiations can be extended upon Postal Service Zip Codes 28073, 28152, NSR has filed a combined
request to the Board. Under the Trails 28150, 28089, 28114, 28040, 28018, environmental and historic report that
Act, trail-use agreements are 28043, and 29702. addresses the effects, if any, of the
consensual, not forced. The abandoning NSR has certified that: (1) No local abandonment and discontinuance on
railroad is free to choose whether or not traffic has moved over the Line for at the environment and historic resources.
to enter into or continue negotiations to least two years; (2) no overhead traffic OEA will issue an environmental
transfer (all or part of) the right-of-way has moved over the Line for at least two assessment (EA) by July 10, 2015.
to a trail sponsor. years and that overhead traffic, if there Interested persons may obtain a copy of
Under the PRA, a Federal agency were any, could be rerouted over other the EA by writing to OEA (Room 1100,
conducting or sponsoring a collection of lines; (3) no formal complaint has been Surface Transportation Board,
information must display a currently filed by a user of rail service on the Line Washington, DC 20423–0001) or by
valid OMB control number. A collection (or by a state or local government entity calling OEA at (202) 245–0305.
of information, which is defined in 44 acting on behalf of such user) regarding Assistance for the hearing impaired is
U.S.C. 3502(3) and 5 CFR 1320.3(c), cessation of service over the Line, and available through the Federal
includes agency requirements that no such complaint is either pending Information Relay Service at (800) 877–
persons submit reports, keep records, or with the Surface Transportation Board 8339. Comments on environmental and
provide information to the agency, third (Board) or with any U.S. District Court historic preservation matters must be
parties, or the public. Under or has been decided in favor of a
§ 3506(c)(2)(A) of the PRA, Federal complainant within the two-year period; 3 The Board will grant a stay if an informed
agencies are required to provide, prior and (4) the requirements at 49 CFR decision on environmental issues (whether raised
1105.7(c) (environmental report), 49 by a party or by the Board’s Office of Environmental
to an agency’s submitting a collection to Analysis (OEA) in its independent investigation)
OMB for approval, a 60-day notice and CFR 1105.11 (transmittal letter), 49 CFR cannot be made before the exemption’s effective
comment period through publication in 1105.12 (newspaper publication), and date. See Exemption of Out-of-Serv. Rail Lines, 5
the Federal Register concerning each 49 CFR 1152.50(d)(1) (notice to I.C.C. 2d 377 (1989). Any request for a stay should
governmental agencies) have been met. be filed as soon as possible so that the Board may
proposed collection of information, take appropriate action before the exemption’s
including each proposed extension of an As a condition to this exemption, any effective date.
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existing collection of information. employee adversely affected by the 4 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
Dated: June 29, 2015. 1 The CSXT track over which NSR has trackage 1002.2(f)(25).
Jeffrey Herzig, rights connects the two line segments that NSR 5 NSR states that it may not have title to the entire
Clearance Clerk. seeks to abandon. right-of-way underlying the rail line segments
2 NSR states that, although there are different line proposed for abandonment, which could limit the
[FR Doc. 2015–16420 Filed 7–2–15; 8:45 am] segments involved, it operates over them as if they availability of the corridor for other public
BILLING CODE 4915–01–P were a single line. purposes.
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Document Created: 2015-12-15 13:17:11
Document Modified: 2015-12-15 13:17:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 60-day notice and request for comments. | |
| Dates | Comments on this information collection should be submitted by September 4, 2015. | |
| FR Citation | 80 FR 38509 |
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