83 FR 29864 - 30-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 123 (June 26, 2018)

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), 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 required under section 8(d) of the National Trails System Act (Trails Act). 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). The Board previously published a notice about this collection in the Federal Register (Apr. 18, 2018). That notice allowed for a 60-day public review and comment period. No comments were received.

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29864-29865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13698]


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SURFACE TRANSPORTATION BOARD


30-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.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), 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 required under section 8(d) 
of the National Trails System Act (Trails Act). 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). The Board previously published a notice about this collection in 
the Federal Register (Apr. 18, 2018). That notice allowed for a 60-day 
public review and comment period. No comments were received.

DATES: Comments on this information collection should be submitted by 
July 26, 2018.

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: Joseph B. Nye, Surface Transportation 
Board Desk Officer: by email at [email protected]; by fax at 
(202) 395-1743; or by mail to Room 10235, 725 17th Street NW, 
Washington, DC 20503. Please also direct comments to Chris Oehrle, PRA 
Officer, Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001, or to [email protected].

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, 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

[[Page 29865]]

(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 Interstate Commerce Act, amended by the ICC 
Termination Act of 1995, Public Law No. 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, and the related regulations, 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 acquire or subsidize a rail line for 
continued service, or to impose what is known as 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, a trail use request, if agreed upon 
by the abandoning carrier, requires the Board to condition the 
abandonment by issuing what is known as 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. Filings 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.
    Under the PRA, a federal agency that conducts or sponsors 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. 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.

    Dated: June 21, 2018.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-13698 Filed 6-25-18; 8:45 am]
 BILLING CODE 4915-01-P