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)

Page Range		29864-29865
FR Document		2018-13698

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 Issue 123 (Tuesday, June 26, 2018)

[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.

-----------------------------------------------------------------------

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

29864 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

We are soliciting public comments to SURFACE TRANSPORTATION BOARD preserve rail carrier service under OMB
permit the Department to: Control Number 2140–0022. The
30-Day Notice of Intent To Seek authority under OMB Control Number
• Evaluate whether the proposed
Extension of Approval and Merger of 2140–0022 includes the collection of
information collection is necessary for
Collections: Statutory Authority To information under the Trails Act, such
the proper functions of the Department.
Preserve Rail Service as the notifications of Trails Act
• Evaluate the accuracy of our agreement and substitute sponsorship,
estimate of the time and cost burden for Surface Transportation Board.
AGENCY:
which is also addressed under OMB
this proposed collection, including the Notice and request for
ACTION:
Control Number 2140–0017. This
validity of the methodology and comments. request proposes to combine collections
assumptions used. SUMMARY: As part of its continuing effort under Control Numbers 2140–0017 and
• Enhance the quality, utility, and to reduce paperwork burdens, and as 2140–0022, with 2140–0022 being the
clarity of the information to be required by the Paperwork Reduction survivor. The Board will request to
collected. Act of 1995 (PRA), the Surface discontinue Control Number 2140–0017
Transportation Board (STB or Board) upon OMB approval of the merger.
• Minimize the reporting burden on Comments are requested concerning:
those who are to respond, including the gives notice that it is requesting from
the Office of Management and Budget (1) The accuracy of the Board’s burden
use of automated collection techniques estimates; (2) ways to enhance the
or other forms of information (OMB) an extension of approval for the
information collections required under quality, utility, and clarity of the
technology. information collected; (3) ways to
section 8(d) of the National Trails
Please note that comments submitted System Act (Trails Act). The Board is minimize the burden of the collection of
in response to this Notice are public also seeking approval to merge into this information on the respondents,
record. Before including any detailed collection (OMB Control Number: 2140– including the use of automated
personal information, you should be 0022) the collection of information collection techniques or other forms of
aware that your comments as submitted, about notifications of Trails Act information technology, when
including your personal information, agreement and substitute sponsorship appropriate; and (4) whether the
will be available for public review. (OMB Control Number: 2140–0017). The collection of information is necessary
Board previously published a notice for the proper performance of the
Abstract of Proposed Collection about this collection in the Federal functions of the Board, including
Register (Apr. 18, 2018). That notice whether the collection has practical
DS–1884 solicits information from utility. Submitted comments will be
petitioners claiming employment-based allowed for a 60-day public review and
comment period. No comments were summarized and included in the
immigrant visa preference under section Board’s request for OMB approval.
received.
203(b)(4) of the Immigration and
Nationality Act on the basis of DATES: Comments on this information Description of Collection 1
qualification as a special immigrant collection should be submitted by July Title: Statutory Authority to Preserve
described in section 101(a)(27)(D) of the 26, 2018. Rail Service.
Immigration and Nationality Act. A ADDRESSES: Written comments should OMB Control Number: 2140–0022.
petitioner may file the DS–1884 petition be identified as ‘‘Paperwork Reduction STB Form Number: None.
within one year of notification by the Act Comments, Surface Transportation Type of Review: Extension without
Department of State that the Secretary Board: Statutory Authority to Preserve change.
has approved a recommendation that Rail Service.’’ These comments should Respondents: Affected shippers,
be directed to the Office of Management communities, or other interested
such special immigrant status be
and Budget, Office of Information and persons seeking to preserve rail service
accorded to the alien. DS–1884 solicits
Regulatory Affairs, Attention: Joseph B. over rail lines that are proposed or
information that will assist the consular identified for abandonment, and
officer in ensuring that the petitioner is Nye, Surface Transportation Board Desk
Officer: by email at oira_submission@ railroads that are required to provide
statutorily qualified to receive such information to the offeror or applicant.
omb.eop.gov; by fax at (202) 395–1743;
status, including meeting the years of Number of Respondents: 40.
or by mail to Room 10235, 725 17th
service and exceptional service Frequency: On occasion.
Street NW, Washington, DC 20503.
requirements. Please also direct comments to Chris
Methodology Oehrle, PRA Officer, Surface TABLE—NUMBER OF YEARLY
Transportation Board, 395 E Street SW, RESPONSES
The form can be obtained from posts Washington, DC 20423–0001, or to pra@
abroad or through the Department’s stb.gov. Number of
Type of filing filings
website. The application available on FOR FURTHER INFORMATION CONTACT: For
the Department’s website allows an further information regarding this Offer of Financial Assistance ... 1
applicant to complete the application collection, contact Michael Higgins, OFA—Railroad Reply to Re-
electronically and then print the Deputy Director, Office of Public quest for Information ............. 1
application and submit it to post. Assistance, Governmental Affairs, and OFA—Request to Set Terms
Compliance at (202) 245–0284 or at and Conditions ...................... 1
sradovich on DSK3GMQ082PROD with NOTICES

Edward J Ramotowski, Request for Public Use Condi-
michael.higgins@stb.gov. Assistance for
Deputy Assistant Secretary, Bureau of tion ........................................ 1
the hearing impaired is available Feeder Line Application ............ 5
Consular Affairs, Department of State. through the Federal Information Relay Trail Use Request ..................... 23
[FR Doc. 2018–13641 Filed 6–25–18; 8:45 am] Service (FIRS) at 1–800–877–8339. Trail Use Request Extension .... 84
BILLING CODE 4710–06–P SUPPLEMENTARY INFORMATION: The Board
currently collects information from Total Burden Hours (annually
those seeking statutory authority to including all respondents): 826 Hours

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29865

(sum total of estimated hours per of Interim Trail Use (CITU). The CITU/ the agency to ensure that the
response × number of responses for each NITU permits parties, for 180 days, to documentation for activities under the
type of filing). negotiate for an interim trail use/ Trails Act remains current.
railbanking agreement for the rail line. Under the PRA, a federal agency that
TABLE—ESTIMATED HOURS PER If parties reach an agreement, the CITU/ conducts or sponsors a collection of
RESPONSE NITU automatically authorizes interim information must display a currently
trail use/railbanking, and the parties valid OMB control number. A collection
Number of must notify the Board that they have of information, which is defined in 44
Type of filing hours per reached an agreement. The interim trails U.S.C. 3502(3) and 5 CFR 1320.3(c),
response includes agency requirements that
use/railbanking preserves the rail
Offer of Financial Assistance ... 32 corridor for possible future use as an
persons submit reports, keep records, or
OFA—Railroad Reply to Re- active rail line again. If no agreement is provide information to the agency, third
quest for Information ............. 10 reached, then upon expiration of the parties, or the public. Section 3507(b) of
OFA—Request to Set Terms negotiation period, the CITU/NITU the PRA requires, concurrent with an
and Conditions ...................... 4 authorizes the railroad to exercise its agency’s submitting a collection to OMB
Request for Public Use Condi- option to fully abandon the line without for approval, a 30-day notice and
tion ........................................ 2 further action by the Board. comment period through publication in
Feeder Line Application ............ 70 The collection by the Board of these the Federal Register concerning each
Trail Use Request ..................... 4 proposed collection of information.
offers, requests, and applications, and
Trail Use Request Extension .... 4
the railroad’s replies (when required), Dated: June 21, 2018.
Total ‘‘Non-hour Burden’’ Cost: None enables the Board to meet its statutory Jeffrey Herzig,
identified. Filings may be submitted duty to regulate the referenced rail
Clearance Clerk.
electronically to the Board. transactions.
[FR Doc. 2018–13698 Filed 6–25–18; 8:45 am]
Needs and Uses: Under Interstate Description of Collection 2 BILLING CODE 4915–01–P
Commerce Act, amended by the ICC
Title: Notifications of Trails Act
Termination Act of 1995, Public Law
Agreement and Substitute Sponsorship.
No. 104–88, 109 Stat. 803 (1995), DEPARTMENT OF TRANSPORTATION
OMB Control Number: 2140–0017.
amended by the Surface Transportation STB Form Number: None.
Board Reauthorization Act of 2015, Type of Review: Merger. Maritime Administration
Public Law 114–110 (2015), and under Respondents: Rail carriers; parties to
Section 8(d) of the Trails Act, and the [Docket No. MARAD–2018–0102]
an interim trail use agreement;
related regulations, persons seeking to substitute trail sponsors; and state and Requested Administrative Waiver of
preserve rail service over a rail line that local governments. the Coastwise Trade Laws: Vessel KAT
is in the process of being abandoned Number of Respondents: 40. ATOMIC; Invitation for Public
may file pleadings before the Board to Estimated Time per Response: One Comments
acquire or subsidize a rail line for hour.
continued service, or to impose what is Frequency: On occasion. AGENCY: Maritime Administration, DOT.
known as a trail use/railbanking or Total Burden Hours (annually ACTION: Notice.
public use condition. including all respondents): 40 hours.
First, under 49 U.S.C. 10904, the Total ‘‘Non-hour Burden’’ Cost: None SUMMARY: The Secretary of
filing of an ‘‘Offer of Financial identified. Filings may be submitted Transportation, as represented by the
Assistance’’ (OFA) starts a process of electronically to the Board. Maritime Administration (MARAD), is
negotiations to define the financial Needs and Uses: As described in authorized to grant waivers of the U.S.-
assistance needed to purchase or ‘‘Description of Collection 1’’ above, the build requirement of the coastwise laws
subsidize the rail line sought for STB will issue a CITU or NITU to a under certain circumstances. A request
abandonment. Once the OFA is filed, prospective trail sponsor who seeks a for such a waiver has been received by
the offeror may request additional trails use/railbanking agreement with MARAD. The vessel, and a brief
information from the railroad, which the the rail carrier of the rail line that is description of the proposed service, is
railroad must provide. If the parties being abandoned. The CITU/NITU listed below.
cannot agree to the sale or subsidy, permits parties, for 180 days, to DATES: Submit comments on or before
either party also may file a request for negotiate for a trails use/railbanking July 26, 2018.
the Board to set the terms and agreement. If parties reach an ADDRESSES: Comments should refer to
conditions of the financial assistance. agreement, then, under 49 CFR 1152.29, docket number MARAD–2018–0102.
Or, under section 10905, a public use they must jointly notify the Board of Written comments may be submitted by
request allows the Board to impose a that fact and must identify the exact hand or by mail to the Docket Clerk,
180-day public use condition on the location of the right-of-way subject to U.S. Department of Transportation,
abandonment of a rail line, permitting the agreement, including a map and Docket Operations, M–30, West
the parties to negotiate a public use for milepost marker information. The rules Building Ground Floor, Room W12–140,
the rail line. Alternatively, under also require parties to file a petition to 1200 New Jersey Avenue SE,
section 10907, a feeder line application modify or vacate the CITU/NITU if the Washington, DC 20590. You may also
provides the basis for authorizing an trail use/railbanking agreement applies send comments electronically via the
sradovich on DSK3GMQ082PROD with NOTICES

involuntary sale of a rail line. to less of the right-of-way than what is internet at http://www.regulations.gov.
Finally, under the Trails Act, a trail covered by the CITU/NITU. Finally, the All comments will become part of this
use request, if agreed upon by the rules require that a substitute trail docket and will be available for
abandoning carrier, requires the Board sponsor must acknowledge that interim inspection and copying at the above
to condition the abandonment by trail use is subject to restoration and address between 10:00 a.m. and 5:00
issuing what is known as a Notice of reactivation at any time. The collection p.m., Monday through Friday, except
Interim Trail Use (NITU) or Certificate by the Board of this information enables federal holidays. An electronic version

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Document Created: 2018-06-26 00:51:47
Document Modified: 2018-06-26 00:51:47

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 July 26, 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 29864