83 FR 17210 - 60-Day Notice of Intent To Seek Extension of Approval and Merger of Collections: Statutory Authority To Preserve Rail Service

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range		17210-17211
FR Document		2018-08095

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).

Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)

[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17210-17211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08095]


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SURFACE TRANSPORTATION BOARD


60-Day Notice of Intent To Seek Extension of Approval and Merger 
of Collections: Statutory Authority To Preserve Rail Service

AGENCY: Surface Transportation Board.

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.
    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
------------------------------------------------------------------------
                                                              Number  of
                       Type of filing                           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
------------------------------------------------------------------------
                                                              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...................            4
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 may be 
submitted electronically to the Board.
    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

[[Page 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.
    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

17210 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices

the proposed adverse discontinuance Management and Budget (OMB) an Description of Collection 1
who wish to participate actively and extension of approval for the Title: Statutory Authority to Preserve
fully in the process should file a protest, information collections. The Board is Rail Service.
observing the filing, service, and content also seeking approval to merge into this OMB Control Number: 2140–0022.
requirements of 49 CFR 1152.25. The collection (OMB Control Number: 2140– STB Form Number: None.
State’s reply is due by May 29, 2018. 0022) the collection of information Type of Review: Extension without
All filings in response to this notice about notifications of Trails Act change.
must refer to Docket No. AB 1253 and agreement and substitute sponsorship Respondents: Affected shippers,
must be sent to: (1) Surface (OMB Control Number: 2140–0017). communities, or other interested
Transportation Board, 395 E Street SW, DATES: Comments on this information persons seeking to preserve rail service
Washington, DC 20423–0001; and (2) collection should be submitted by June over rail lines that are proposed or
John H. LeSeur, Slover & Loftus LLP, 18, 2018. identified for abandonment, and
1224 Seventeenth Street NW, railroads that are required to provide
Washington, DC 20036. ADDRESSES: Direct all comments to
Chris Oehrle, PRA Officer, Surface information to the offeror or applicant.
Filings may be submitted either via Number of Respondents: 40.
the Board’s e-filing format or in the Transportation Board, 395 E Street SW,
Washington, DC 20423–0001, or to Frequency: On occasion.
traditional paper format. Any person
using e-filing should comply with the PRA@stb.gov. When submitting
comments, please refer to ‘‘Paperwork TABLE—NUMBER OF YEARLY
instructions found on the Board’s
Reduction Act Comments, Statutory RESPONSES
‘‘www.stb.gov’’ website, at the
‘‘E-FILING’’ link. Any person submitting Authority to Preserve Rail Service.’’
Number
a filing in the traditional paper format FOR FURTHER INFORMATION CONTACT: For Type of filing of filings
should send the original and 10 copies further information regarding this
of the filing to the Board with a collection, contact Michael Higgins, Offer of Financial Assistance ..... 1
certificate of service. Except as Deputy Director, Office of Public OFA—Railroad Reply to Re-
otherwise set forth in 49 CFR 1152, Assistance, Governmental Affairs, and quest for Information ............... 1
every document filed with the Board Compliance at (202) 245–0284 or at OFA—Request To Set Terms
and Conditions ........................ 1
must be served on all parties to this michael.higgins@stb.gov. [Assistance for Request for Public Use Condi-
adverse discontinuance proceeding. 49 the hearing impaired is available tion .......................................... 1
CFR 1104.12(a). through the Federal Information Relay Feeder Line Application .............. 5
Persons seeking further information Service (FIRS) at 1–800–877–8339.] Trail-Use Request ....................... 23
concerning discontinuance procedures SUPPLEMENTARY INFORMATION: The Board Trail-Use Request Extension ...... 84
may contact the Board’s Office of Public currently collects information from
Assistance, Governmental Affairs, and those seeking statutory authority to Total Burden Hours (annually
Compliance at (202) 245–0238 or refer preserve rail carrier service under OMB including all respondents): 826 Hours
to the full discontinuance regulations at Control Number 2140–0022. The (sum total of estimated hours per
49 CFR 1152. Assistance for the hearing authority under OMB Control Number response × number of responses for each
impaired is available through the 2140–0022 includes the collection of type of filing).
Federal Information Relay Service information under the Trails Act and its
(FIRS) at 1–800–877–8339. regulations, such as the notifications of TABLE—ESTIMATED HOURS PER
Board decisions and notices are Trails Act agreement and substitute RESPONSE
available on our website at sponsorship, which is also addressed
‘‘WWW.STB.GOV.’’ under OMB Control Number 2140–0017. Number of
Decided: April 12, 2018. Type of filing hours per
This request proposes to combine response
By the Board, Scott M. Zimmerman, Acting collections under Control Numbers
Director, Office of Proceedings. 2140–0017 and 2140–0022, with 2140– Offer of Financial Assistance ... 32
Raina Contee, 0022 being the survivor. The Board will OFA—Railroad Reply to Re-
Clearance Clerk. request to discontinue Control Number quest for Information ............. 10
2140–0017 upon OMB approval of the OFA—Request To Set Terms
[FR Doc. 2018–08134 Filed 4–17–18; 8:45 am]
and Conditions ...................... 4
BILLING CODE 4915–01–P merger.
Request for Public Use Condi-
Comments are requested concerning: tion ........................................ 2
(1) The accuracy of the Board’s burden Feeder Line Application ............ 70
SURFACE TRANSPORTATION BOARD estimates; (2) ways to enhance the Trail-Use Request ..................... 4
quality, utility, and clarity of the Trail-Use Request Extension .... 4
60-Day Notice of Intent To Seek information collected; (3) ways to
Extension of Approval and Merger of minimize the burden of the collection of Total ‘‘Non-hour Burden’’ Cost: None
Collections: Statutory Authority To information on the respondents, identified. Filings may be submitted
Preserve Rail Service including the use of automated electronically to the Board.
Surface Transportation Board.
AGENCY: collection techniques or other forms of Needs and Uses: Under the ICC
Notice and request for
ACTION: information technology, when Termination Act of 1995, Public Law
comments. appropriate; and (4) whether the 104–88, 109 Stat. 803 (1995), amended
amozie on DSK30RV082PROD with NOTICES

collection of information is necessary by the Surface Transportation Board
SUMMARY: As part of its continuing effort for the proper performance of the Reauthorization Act of 2015, Public Law
to reduce paperwork burdens, and as functions of the Board, including 114–110 (2015), and under Section 8(d)
required by the Paperwork Reduction whether the collection has practical of the Trails Act, persons seeking to
Act of 1995, the Surface Transportation utility. Submitted comments will be preserve rail service over a rail line that
Board (STB or Board) gives notice that summarized and included in the is in the process of being abandoned
it is requesting from the Office of Board’s request for OMB approval. may file pleadings before the Board to

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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices 17211

acquire or subsidize a rail line for Estimated Time per Response: One DEPARTMENT OF TRANSPORTATION
continued service, or to impose a trail hour.
use/railbanking or public use condition. Frequency: On occasion. Federal Aviation Administration
First, under 49 U.S.C. 10904, the [Docket No: FAA–2011–0786]
filing of an ‘‘Offer of Financial Total Burden Hours (annually
Assistance’’ (OFA) starts a process of including all respondents): 40 hours.
Deadline for Notification of Intent To
negotiations to define the financial Total ‘‘Non-hour Burden’’ Cost: None Use the Airport Improvement
assistance needed to purchase or identified. Submissions may be Program’s (AIP) Primary, Cargo, and
subsidize the rail line sought for submitted electronically to the Board. Nonprimary Entitlement Funds
abandonment. Once the OFA is filed, Needs and Uses: As described in Available for Fiscal Year (FY) 2018
the offeror may request additional ‘‘Description of Collection 1’’ above, the
information from the railroad, which the AGENCY: Federal Aviation
STB will issue a CITU or NITU to a
railroad must provide. If the parties Administration (FAA), Department of
prospective trail sponsor who seeks a
cannot agree to the sale or subsidy, Transportation.
trails use/railbanking agreement with
either party also may file a request for the rail carrier of the rail line that is ACTION: Notice.
the Board to set the terms and being abandoned. The CITU/NITU
conditions of the financial assistance. SUMMARY: The FAA announces May 15,
permits parties, for 180 days, to 2018, as the deadline for each airport
Or, under section 10905, a public use negotiate for a trails use/railbanking
request allows the Board to impose a sponsor to notify the FAA whether or
agreement. If parties reach an not it will use its FY 2018 entitlement
180-day public use condition on the agreement, then, under 49 CFR 1152.29,
abandonment of a rail line, permitting funds (also referred to as apportioned
they must jointly notify the Board of funds) available under 49 U.S.C. 47114
the parties to negotiate a public use for that fact and must identify the exact
the rail line. Alternatively, under to support AIP-eligible projects that the
location of the right-of-way subject to airport sponsor previously identified
section 10907, a feeder line application
the agreement, including a map and through the Airports Capital
provides the basis for authorizing an
milepost marker information. The rules Improvement Plan process during the
involuntary sale of a rail line.
also require parties to file a petition to preceding year.
Finally, under the Trails Act and its modify or vacate the CITU/NITU if the
regulations (49 CFR 1152.29), a trail-use FOR FURTHER INFORMATION CONTACT:
trail use/railbanking agreement applies
request, if agreed upon by the Elliott Black, Director, Office of Airport
to less of the right-of-way than what is
abandoning carrier, requires the Board Planning and Programming, APP–1, at
covered by the CITU/NITU. Finally, the
to condition the abandonment by (202) 267–8775.
rules require that a substitute trail
issuing a Notice of Interim Trail Use SUPPLEMENTARY INFORMATION: Title 49
sponsor must acknowledge that interim
(NITU) or Certificate of Interim Trail U.S.C. 47105(f) provides that the
trail use is subject to restoration and
Use (CITU). The CITU/NITU permits sponsor of each airport to which
reactivation at any time. The collection
parties, for 180 days, to negotiate for an entitlement funds are apportioned shall
by the Board of this information enables
interim trail use/railbanking agreement notify the Secretary by such time and in
the agency to ensure that the
for the rail line. If parties reach an a form as prescribed by the Secretary of
documentation for activities under the
agreement, the CITU/NITU the airport sponsor’s intent to apply for
automatically authorizes interim trail Trails Act remains current.
its available entitlement funds.
use/railbanking, and the parties must The Board makes this submission Therefore, the FAA is hereby notifying
notify the Board that they have reached because, under the PRA, a federal airport sponsors of the steps required to
an agreement. The interim trails use/ agency that conducts or sponsors a ensure that the FAA has sufficient time
railbanking preserves the rail corridor collection of information must display a to carry-over and convert remaining
for possible future use as an active rail currently valid OMB control number. entitlement funds. This notice applies
line again. If no agreement is reached, The Board also notes that it will be only to those airports that have had
then upon expiration of the negotiation seeking approval to merge the two entitlement funds apportioned to them,
period, the CITU/NITU authorizes the related collections, as described above. except those nonprimary airports
railroad to exercise its option to fully A collection of information, which is located in designated block grant states.
abandon the line without further action defined in 44 U.S.C. 3502(3) and 5 CFR Airport sponsors intending to apply for
by the Board. 1320.3(c), includes agency requirements any of their available entitlement funds,
The collection by the Board of these that persons submit reports, keep including those unused from prior
offers, requests, and applications, and records, or provide information to the years, shall make their intent known by
the railroad’s replies (when required), agency, third parties, or the public. 12 p.m. prevailing local time on
enables the Board to meet its statutory Under 44 U.S.C. 3506(c)(2)(A), federal Tuesday, May 15, 2018. This notice
duty to regulate the referenced rail agencies are required to provide, prior must address all entitlement funds
transactions. to an agency’s submitting a collection to available for FY 2018, including those
OMB for approval, a 60-day notice and entitlement funds not obligated from
Description of Collection 2
comment period through publication in prior years. These notifications are
Title: Notifications of Trails Act the Federal Register concerning each critical to ensure efficient planning and
Agreement and Substitute Sponsorship. proposed collection of information, administration of the AIP. The final
OMB Control Number: 2140–0017. including each proposed extension of an grant application deadline is Tuesday,
amozie on DSK30RV082PROD with NOTICES

STB Form Number: None. existing collection of information. July 10, 2018. All notifications and grant
Type of Review: Merger. Dated: April 13, 2018. applications must be provided to the
Respondents: Rail carriers; parties to designated FAA Airports District Office
Jeffrey Herzig,
an interim trail use agreement; (or regional office in regions without
substitute trail sponsors; and state and Clearance Clerk. Airports District Offices).
local governments. [FR Doc. 2018–08095 Filed 4–17–18; 8:45 am] The airport sponsor’s notification
Number of Respondents: 40. BILLING CODE 4915–01–P must address all entitlement funds

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Document Created: 2018-04-18 02:59:32
Document Modified: 2018-04-18 02:59:32

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		Notice and request for comments.
Dates		Comments on this information collection should be submitted by June 18, 2018.
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.]
FR Citation		83 FR 17210