80 FR 53917 - Information Collection Activities: Statutory Authority To Preserve Rail Service (49 U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d))
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 173 (September 8, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 173 (September 8, 2015)
| Page Range | 53917-53918 | |
| FR Document | 2015-22522 |
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)] [Notices] [Pages 53917-53918] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22522] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Authority To Preserve Rail Service (49 U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d)) AGENCY: Surface Transportation Board, DOT. ACTION: 30-day 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, 44 U.S.C. 3501- 3519 (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of an extension of the information collection--Statutory Authority to Preserve Rail Service--further described below. The Board previously published a notice about this collection in the Federal Register. 80 FR 38509 (July 6, 2015). That notice allowed for a 60-day public review and comment period. No comments were received. 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 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. 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................................ \1\ 24 ------------------------------------------------------------------------ Total Burden Hours (annually including all respondents): 368 hours (sum total of estimated hours per response x number of responses for each type of filing). --------------------------------------------------------------------------- \1\ In the 60-day notice for this collection, the Board estimated that the number of Trail-Use Request Extensions would be 94, but, upon further review, staff has revised the number to 24 because staff believes that number more accurately reflects the annual number of this type of filing. Table--Estimated Hours per Response ------------------------------------------------------------------------ Number of Type of filing hours per response ------------------------------------------------------------------------ Offer of Financial Assistance.............................. 32 OFA--Railroad Reply to Request for Information............. 10 OFA--Request to Set Terms and Conditions................... \2\ 40 Request for Public Use Condition........................... 2 Feeder Line Application.................................... 70 Trail-Use Request.......................................... 4 Trail-Use Request Extension................................ 4 ------------------------------------------------------------------------ Total ``Non-hour Burden'' Cost: None identified. Filings are submitted electronically to the Board. --------------------------------------------------------------------------- \2\ In the 60-day notice, the Board used four hours for the estimated hours for filing of an ``OFA-Request to Set Terms and Conditions,'' but, upon review, staff updated this amount to more accurately reflect the hourly burden for this filing, estimating it to be 40 hours rather than four. Therefore, this notice updates those burden hours. --------------------------------------------------------------------------- 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 [[Page 53918]] 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. Retention Period: Information in these collections is maintained by the Board for ten years, after which it is transferred to the National Archives as permanent records. DATES: Comments on this information collection should be submitted by October 8, 2015. ADDRESSES: Written comments should be identified as ``Paperwork Reduction Act Comments, Surface Transportation Board, Statutory Authority to Preserve Rail Service.'' These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Chandana L. Achanta, Surface Transportation Board Desk Officer, by email at [email protected]; by fax at (202) 395-6974; or by mail to Room 10235, 725 17th Street NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: For further information regarding the Statutory Authority to Preserve Rail Service, contact Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423- 0001, or email [email protected]. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] 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 the 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, 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 ``rail bank'' 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 or requests 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: September 2, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015-22522 Filed 9-4-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53917
extension of an existing collection of require or permit the sale of the line, but (sum total of estimated hours per
information. need only pay the constitutional response × number of responses for each
Dated: September 2, 2015. minimum value to acquire it. type of filing).
Jeffrey Herzig, Additionally, the railroad owning the
Clearance Clerk.
rail line subject to abandonment must, TABLE—ESTIMATED HOURS PER
in some circumstances, provide RESPONSE
[FR Doc. 2015–22521 Filed 9–4–15; 8:45 am]
information to the applicant or offeror.
BILLING CODE 4915–01–P
The relevant information collections are Number of
described in more detail below. Type of filing hours per
Comments are requested concerning: response
DEPARTMENT OF TRANSPORTATION
(1) The accuracy of the Board’s burden Offer of Financial Assistance ... 32
Surface Transportation Board estimates; (2) ways to enhance the OFA—Railroad Reply to Re-
quality, utility, and clarity of the quest for Information ............. 10
Information Collection Activities: information collected; (3) ways to OFA—Request to Set Terms
Statutory Authority To Preserve Rail minimize the burden of the collection of and Conditions ...................... 2 40
Service (49 U.S.C. 10904–05 and 10907, information on the respondents, Request for Public Use Condi-
and 16 U.S.C. 1247(d)) including the use of automated tion ........................................ 2
collection techniques or other forms of Feeder Line Application ............ 70
AGENCY: Surface Transportation Board, information technology when Trail-Use Request ..................... 4
DOT. Trail-Use Request Extension .... 4
appropriate; and (4) whether the
30-day notice and request for
ACTION: collection of information is necessary
comments. Total ‘‘Non-hour Burden’’ Cost: None
for the proper performance of the identified. Filings are submitted
SUMMARY: As part of its continuing effort functions of the Board, including electronically to the Board.
to reduce paperwork burdens, and as whether the collection has practical Needs and Uses: Under the Interstate
required by the Paperwork Reduction utility. Commerce Act, as amended by the ICC
Act of 1995, 44 U.S.C. 3501–3519 (PRA), Description of Collections Termination Act of 1995, Public Law
the Surface Transportation Board 104–88, 109 Stat. 803 (1995), and
(Board) gives notice that it is requesting Title: Statutory Authority to Preserve
Section 8(d) of the National Trails
from the Office of Management and Rail Service.
OMB Control Number: 2140–0022. System Act, 16 U.S.C. 1247(d) (Trails
Budget (OMB) approval of an extension Act), persons seeking to preserve rail
STB Form Number: None.
of the information collection—Statutory service may file pleadings before the
Type of Review: Extension without
Authority to Preserve Rail Service— Board to acquire or subsidize a rail line
change.
further described below. The Board Respondents: Affected shippers, for continued service, or to impose a
previously published a notice about this communities, or other interested trail use or public use condition. Under
collection in the Federal Register. 80 FR persons seeking to preserve rail service 49 U.S.C. 10904, the filing of an OFA
38509 (July 6, 2015). That notice over rail lines that are proposed or starts a process of negotiations to define
allowed for a 60-day public review and identified for abandonment, and the financial assistance needed to
comment period. No comments were railroads that are required to provide purchase or subsidize the rail line
received. information to the offeror or applicant. sought for abandonment. Once the OFA
Under these statutory provisions, the is filed, the offeror may request
Number of Respondents: 40
Board administers programs designed to
(including informational filings required additional information from the
preserve railroad service or rail rights- railroad, which the railroad must
of railroads).
of-way. When a line is proposed for provide. If the parties cannot agree to
Frequency: On occasion.
abandonment, affected shippers, the sale or subsidy, either party also
communities, or other interested may file a request for the Board to set
TABLE—NUMBER OF YEARLY
persons may seek to preserve rail the terms and conditions of the financial
service by filing with the Board: an offer RESPONSES
assistance. Under § 10905, a public use
of financial assistance (OFA) to Number of request allows the Board to impose a
subsidize or purchase a rail line for Type of filing 180-day public use condition on the
filings
which a railroad is seeking abandonment of a rail line, permitting
abandonment (49 U.S.C. 10904), Offer of Financial Assistance ... 1 the parties to negotiate a public use for
including a request for the Board to set OFA—Railroad Reply to Re- the rail line. Under § 10907, a feeder
terms and conditions of the financial quest for Information ............. 2 line application provides the basis for
assistance; a request for a public use OFA—Request to Set Terms
and Conditions ...................... 1
authorizing an involuntary sale of a rail
condition (§ 10905); or a trail-use line. Finally, under 16 U.S.C. 1247(d), a
Request for Public Use Condi-
request (16 U.S.C. 1247(d)). Similarly, tion ........................................ 1 trail-use request, if agreed upon by the
when a line is placed on a system Feeder Line Application ............ 1 abandoning carrier, requires the Board
diagram map identifying it as an Trail-Use Request ..................... 27 to condition the abandonment by
anticipated or potential candidate for Trail-Use Request Extension .... 1 24
issuing a Notice of Interim Trail Use
abandonment, affected shippers,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(NITU) or Certificate of Interim Trail
communities, or other interested Total Burden Hours (annually Use (CITU), permitting the parties to
persons may seek to preserve rail including all respondents): 368 hours
service by filing with the Board a feeder 2 In the 60-day notice, the Board used four hours
line application to purchase the 1 In the 60-day notice for this collection, the for the estimated hours for filing of an ‘‘OFA-
identified rail line (§ 10907). When a Board estimated that the number of Trail-Use Request to Set Terms and Conditions,’’ but, upon
Request Extensions would be 94, but, upon further review, staff updated this amount to more
line is so placed on the map, the feeder review, staff has revised the number to 24 because accurately reflect the hourly burden for this filing,
line applicant need not demonstrate that staff believes that number more accurately reflects estimating it to be 40 hours rather than four.
the public convenience and necessity the annual number of this type of filing. Therefore, this notice updates those burden hours.
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![53918 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices
negotiate an interim trail use/rail line; and data on traffic, revenues, net keep records, or provide information to
banking agreement for the rail line. liquidation value, and the cost to the agency, third parties, or the public.
The collection by the Board of these rehabilitate to class I (minimum) track Section 3507(b) of the PRA requires,
offers, requests, and applications, and standards. If the parties are not able to concurrent with an agency’s submitting
the railroad’s replies (when required), agree upon the purchase price or a collection to OMB for approval, a 30-
enables the Board to meet its statutory subsidy, then, to move forward, either day notice and comment period through
duty to regulate the referenced rail party may ask the Board to set the price publication in the Federal Register
transactions. or subsidy, which will be binding upon concerning each proposed collection of
Retention Period: Information in these the parties if the offeror chooses to information, including each proposed
collections is maintained by the Board accept the terms set by the Board and extension of an existing collection of
for ten years, after which it is proceed with the purchase. information.
transferred to the National Archives as Public Use Request. Any person may
Dated: September 2, 2015.
permanent records. request that the Board prohibit an
abandoning railroad from disposing of Jeffrey Herzig,
DATES: Comments on this information
the right-of-way—for up to 180 days— Clearance Clerk.
collection should be submitted by
October 8, 2015. without first offering the right-of-way [FR Doc. 2015–22522 Filed 9–4–15; 8:45 am]
ADDRESSES: Written comments should (on reasonable terms) for other suitable BILLING CODE 4915–01–P
be identified as ‘‘Paperwork Reduction public purposes (such as mass transit,
Act Comments, Surface Transportation pipeline, transmission lines, recreation,
Board, Statutory Authority to Preserve etc.). Such requests are governed by 49 DEPARTMENT OF THE TREASURY
Rail Service.’’ These comments should U.S.C. 10905 and 49 CFR 1152.28.
be directed to the Office of Management Feeder Line Application. When a line Internal Revenue Service
and Budget, Office of Information and has been identified on a railroad’s
system diagram map as a potential Open Meeting of the Taxpayer
Regulatory Affairs, Attention: Chandana Advocacy Panel Joint Committee
L. Achanta, Surface Transportation candidate for abandonment (or
Board Desk Officer, by email at OIRA_ discontinuance), but before AGENCY: Internal Revenue Service (IRS),
SUBMISSION@OMB.EOP.GOV; by fax at abandonment (or discontinuance) Treasury.
authority has been sought, any
(202) 395–6974; or by mail to Room ACTION: Notice of meeting.
financially responsible person (other
10235, 725 17th Street NW.,
than a Class I or II railroad) may, by SUMMARY: An open meeting of the
Washington, DC 20503.
filing a feeder line application under 49 Taxpayer Advocacy Panel Joint
FOR FURTHER INFORMATION CONTACT: For
U.S.C. 10907 and 49 CFR 1151, seek to Committee will be conducted. The
further information regarding the acquire the line for continued rail
Statutory Authority to Preserve Rail Taxpayer Advocacy Panel is soliciting
service under the forced sale provisions public comments, ideas, and
Service, contact Chris Oehrle, Surface of the feeder railroad development
Transportation Board, 395 E Street SW., suggestions on improving customer
program. service at the Internal Revenue Service.
Washington, DC 20423–0001, or email Trail-Use Request. The Trails Act
PRA@stb.dot.gov. [Federal Information provides a mechanism whereby any DATES: The meeting will be held
Relay Service (FIRS) for the hearing interested person may seek to ‘‘rail Wednesday, October 28, 2015.
impaired: (800) 877–8339.] bank’’ a rail right-of-way that has been FOR FURTHER INFORMATION CONTACT: Lisa
SUPPLEMENTARY INFORMATION: approved for abandonment and use the Billups at 1–888–912–1227 or (214)
Respondents seeking authority from the property in the interim as a recreational 413–6523.
Board to preserve rail lines must submit trail. The Board has a ministerial role in SUPPLEMENTARY INFORMATION: Notice is
certain information required under the this process; under 49 CFR 1152.29, hereby given pursuant to section
Board’s related regulations and, in some interested persons may submit a request 10(a)(2) of the Federal Advisory
circumstances, railroads seeking to to the Board for a trail-use condition, Committee Act, 5 U.S.C. App. (1988)
abandon a line must disclose certain and if the statutory conditions are met, that an open meeting of the Taxpayer
information to the offeror or applicant. the Board must authorize the parties to Advocacy Panel Joint Committee will be
Offer of Financial Assistance. When a negotiate a trail-use agreement by held Wednesday, October 28, 2015, at
rail line would otherwise be approved issuing a CITU, or, in an exemption 1:00 p.m. Eastern Time via
for abandonment (or discontinuance), proceeding, a NITU. The CITU or NITU teleconference. The public is invited to
any financially responsible person may typically permit negotiations for 180 make oral comments or submit written
seek to acquire the line for continued days, but the negotiations can be statements for consideration. For more
rail service (after abandonment has been extended upon request to the Board. information please contact Lisa Billups
approved), or may seek to temporarily Under the Trails Act, trail-use at 1–888–912–1227 or 214–413–6523, or
subsidize continued operations by the agreements are consensual, not forced. write TAP Office 1114 Commerce Street,
incumbent railroad (after abandonment The abandoning railroad is free to Dallas, TX 75242–1021, or post
or discontinuance has been approved), choose whether or not to enter into or comments to the Web site: http://
by filing an OFA under 49 U.S.C. 10904 continue negotiations to transfer (all or www.improveirs.org.
and 49 CFR 1152.27. An OFA may be part of) the right-of-way to a trail The agenda will include various
submitted to the Board as soon as the sponsor.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
committee issues for submission to the
railroad seeks abandonment (or Under the PRA, a federal agency IRS and other TAP related topics. Public
discontinuance) authority. Once an OFA conducting or sponsoring a collection of input is welcomed.
is submitted, the abandoning railroad information must display a currently
must, upon request, promptly provide to valid OMB control number. A collection Dated: September 1, 2015.
any party considering an OFA and to of information, which is defined in 44 Sheila Andrews,
the Board an estimate of the annual U.S.C. 3502(3) and 5 CFR 1320.3(c), Director, Taxpayer Advocacy Panel.
subsidy or minimum purchase price; a includes agency requirements or [FR Doc. 2015–22580 Filed 9–4–15; 8:45 am]
report on the physical condition of the requests that persons submit reports, BILLING CODE 4830–01–P
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Document Created: 2018-02-26 10:13:41
Document Modified: 2018-02-26 10:13:41
| 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 | 30-day notice and request for comments. | |
| Dates | Comments on this information collection should be submitted by October 8, 2015. | |
| Contact | For further information regarding the Statutory Authority to Preserve Rail Service, contact Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423- 0001, or email [email protected] [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.] | |
| FR Citation | 80 FR 53917 |
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