Information Collection Activities: Statutory Authority To Preserve Rail Service, 38509-38511 [2015-16420]

Download as PDF 38509 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices their interests through merger or a common-control arrangement are required to file an application for prior approval and authority with the Board. Number of hours per response See 49 U.S.C. 10901–03 and 11323–26. Type of filing under 49 U.S.C. Under 49 U.S.C. 10502, persons may 10901–03 and seek an exemption from many of the 11323–26 application requirements of §§ 10901– Applications .................... 524 03 and 11323–26 by filing with the Petitions * ........................ 58 Board a petition for exemption or notice Notices * .......................... 19 of exemption in lieu of an application. * Under § 10502, petition for exemptions and The collection by the Board of these notices of exemption are permitted in lieu of applications, petitions, and notices an application. enables the Board to meet its statutory duty to regulate the referenced rail Total ‘‘Non-hour Burden’’ Cost (such transactions. See Table—Statutory and as filing fees): None identified. Filings Regulatory Provisions below. are submitted electronically to the Retention Period: Information in these Board. collections is maintained by Board for Needs and Uses: Under the Interstate 10 years, after which it is transferred to Commerce Act, as amended by the ICC the National Archives as permanent Termination Act of 1995, Public Law records. 104–88, 109 Stat. 803 (1995), persons DATES: Comments on this information seeking to construct, acquire or operate collection should be submitted by a line of railroad and railroads seeking to abandon or to discontinue operations September 4, 2015. over a line of railroad or, in the case of ADDRESSES: Direct all comments to two or more railroads, to consolidate Chris Oehrle, Surface Transportation TABLE—ESTIMATED HOURS PER RESPONSE Board, 395 E Street SW., Washington, DC 20423–0001, or to PRA@stb.dot.gov. When submitting comments, please refer to ‘‘Statutory Licensing and Consolidation Authority.’’ For further information regarding this collection, contact PRA@stb.dot.gov or Chris Oehrle at (202) 245–0271. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339.] Filings made in responses to this collection are available on the Board’s Web site at www.stb.dot.gov. Under §§ 10901–03 and 11323–26, an application is required to seek authority under these sections, unless an applicant receives an exemption under 49 U.S.C. 10502. Respondents seeking such authority from the Board must submit certain information required under the Board’s related regulations. The table below shows the statutory and regulatory provisions under which the Board requires the information collections that are the subject of this notice. SUPPLEMENTARY INFORMATION: TABLE—STATUTORY AND REGULATORY PROVISIONS * Statutory provision Certificate required Construct, Acquire, or Operate Railroad Lines ............................................................................... Short Line purchases by Class II and Class III Rail Carriers ......................................................... Abandonments and Discontinuances .............................................................................................. Railroad Acquisitions, Trackage Rights, and Leases ...................................................................... 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. 10901 ....... 10902 ....... 10903 ....... 11323–26 .. Regulations 49 49 49 49 CFR CFR CFR CFR Part 1150. 1150.41–45. Part 1152. Part 1180. * STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_ stbrules.html). Lhorne on DSK7TPTVN1PROD with NOTICES Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, Federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: June 29, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–16447 Filed 7–2–15; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board Information Collection Activities: Statutory Authority To Preserve Rail Service AGENCY: Surface Transportation Board, DOT. 60-day notice and request for comments. ACTION: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of the information collections required under 49 U.S.C. 10904–05 and 10907, and 16 U.S.C. 1247(d). Under these statutory provisions, the Board administers programs designed to preserve railroad service or rail rightsof-way. When a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 (§ 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 (§ 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 E:\FR\FM\06JYN1.SGM 06JYN1 38510 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices for 10 years, after which it is transferred to the National Archives as permanent records. Number of DATES: Comments on this information Type of filing hours per collection should be submitted by response September 4, 2015. Offer of Financial Assistance 32 hours ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation OFA—Railroad Reply to Request for Information ......... 10 hours Board, 395 E Street SW., Washington, OFA—Request to Set Terms DC 20423–0001, or to PRA@stb.dot.gov. and Conditions .................. 4 hours When submitting comments, please Request for Public Use Conrefer to ‘‘Statutory Authority to Preserve dition .................................. 2 hours Rail Service.’’ For further information Feeder Line Application ........ 70 hours regarding this collection, contact PRA@ Trail-Use Request ................. 4 hours Trail-Use Request Extension 4 hours stb.dot.gov or Chris Oehrle at (202) 245– 0271. [Federal Information Relay Total ‘‘Non-hour Burden’’ Cost: None Service (FIRS) for the hearing impaired: (800) 877–8339.] Filings made in identified. Filings are submitted responses to this collection are available electronically to the Board. on the Board’s Web site at Needs and Uses: Under the Interstate www.stb.dot.gov. Commerce Act, as amended by the ICC Termination Act of 1995, Public Law SUPPLEMENTARY INFORMATION: 104–88, 109 Stat. 803 (1995), and Respondents seeking authority from the Description of Collections Section 8(d) of the National Trails Board to preserve rail lines must submit System Act, 16 U.S.C. 1247(d) (Trails certain information required under the Title: Statutory Authority to Preserve Act), persons seeking to preserve rail Board’s related regulations and, in some Rail Service. service may file pleadings before the circumstances, railroads seeking to OMB Control Number: 2140–0022. Board to acquire or subsidize a rail line abandon a line must disclose certain STB Form Number: None. for continued service, or to impose a information to the offeror or applicant. Offer of Financial Assistance. When a trail use or public use condition. Under Type of Review: Extension without rail line would otherwise be approved 49 U.S.C. 10904, the filing of an OFA change. starts a process of negotiations to define for abandonment (or discontinuance), Respondents: Affected shippers, any financially responsible person may the financial assistance needed to communities, or other interested seek to acquire the line for continued purchase or subsidize the rail line persons seeking to preserve rail service sought for abandonment. Once the OFA rail service (after abandonment has been over rail lines that are proposed or approved), or may seek to temporarily is filed, the offeror may request identified for abandonment, and subsidize continued operations by the additional information from the railroads that are required to provide incumbent railroad (after abandonment railroad, which the railroad must information to the offeror or applicant. or discontinuance has been approved), provide. If the parties cannot agree to by filing an OFA under 49 U.S.C. 10904 Number of Respondents: 40 the sale or subsidy, either party also and 49 CFR 1152.27. An OFA may be (including informational filings required may file a request for the Board to set the terms and conditions of the financial submitted to the Board as soon as the of railroads). railroad seeks abandonment (or assistance. Under § 10905, a public use Frequency: On occasion. discontinuance) authority. Once an OFA request allows the Board to impose a is submitted, the abandoning railroad 180-day public use condition on the TABLE—NUMBER OF YEARLY must, upon request, promptly provide to abandonment of a rail line, permitting RESPONSES any party considering an OFA and to the parties to negotiate a public use for the Board an estimate of the annual the rail line. Under § 10907, a feeder Number of Type of filing subsidy or minimum purchase price; a line application provides the basis for filings report on the physical condition of line; authorizing an involuntary sale of a rail and data on traffic, revenues, net Offer of Financial Assistance 1 line. Finally, under 16 U.S.C. 1247(d), a liquidation value, and the cost to trail-use request, if agreed upon by the OFA—Railroad Reply to Rerehabilitate to class I (minimum) track quest for Information ......... 2 abandoning carrier, requires the Board standards. If the parties are not able to to condition the abandonment by OFA—Request to Set Terms and Conditions .................. 1 issuing a Notice of Interim Trail Use agree upon the purchase price or Request for Public Use Consubsidy, then, to move forward, either (NITU) or Certificate of Interim Trail dition .................................. 1 Use (CITU), permitting the parties to party may ask the Board to set the price Feeder Line Application ........ 1 negotiate an interim trail use/rail or subsidy, which will be binding upon Trail-Use Request ................. 27 banking agreement for the rail line. the parties if the offeror chooses to Trail-Use Request Extension 94 The collection by the Board of these accept the terms set by the Board and offers, requests, and applications, and proceed with the purchase. Public Use Request. Any person may the railroad’s replies (when required), Total Burden Hours (annually request that the Board prohibit an enables the Board to meet its statutory including all respondents): 612 hours abandoning railroad from disposing of duty to regulate the referenced rail (sum total of estimated hours per the right-of-way—for up to 180 days— transactions. See Table—Statutory and response X number of responses for without first offering the right-of-way Regulatory Provisions below. each type of filing). Retention Period: Information in these (on reasonable terms) for other suitable collections is maintained by the Board public purposes (such as mass transit, Lhorne on DSK7TPTVN1PROD with NOTICES information to the applicant or offeror. The relevant information collections are described in more detail below. Comments are requested concerning: (1) The accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board’s request for OMB approval. VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 PO 00000 TABLE—ESTIMATED HOURS PER RESPONSE Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 Lhorne on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices pipeline, transmission lines, recreation, etc.). Such requests are governed by 49 U.S.C. 10905 and 49 CFR 1152.28. Feeder Line Application. When a line has been identified on a railroad’s system diagram map as a potential candidate for abandonment (or discontinuance), but before abandonment (or discontinuance) authority has been sought, any financially responsible person (other than a Class I or II railroad) may, by filing a feeder line application under 49 U.S.C. 10907 and 49 CFR 1151, seek to acquire the line for continued rail service under the forced sale provisions of the feeder railroad development program. Trail-Use Request. The Trails Act provides a mechanism whereby any interested person may seek to ‘‘railbank’’ a rail right-of-way that has been approved for abandonment and use the property in the interim as a recreational trail. The Board has a ministerial role in this process; under 49 CFR 1152.29, interested persons may submit a request to the Board for a trailuse condition, and if the statutory conditions are met, the Board must authorize the parties to negotiate a trailuse agreement by issuing a CITU, or, in an exemption proceeding, a NITU. The CITU or NITU typically permit negotiations for 180 days, but the negotiations can be extended upon request to the Board. Under the Trails Act, trail-use agreements are consensual, not forced. The abandoning railroad is free to choose whether or not to enter into or continue negotiations to transfer (all or part of) the right-of-way to a trail sponsor. Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, Federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: June 29, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–16420 Filed 7–2–15; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 327X)] Norfolk Southern Railway Company— Abandonment, Discontinuance of Trackage Rights and Discontinuance of Service—in Cleveland and Rutherford Counties, NC, and Cherokee County, SC Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuance of Service for NSR to abandon and discontinue trackage rights and service as follows: (1) NSR will abandon approximately 11.85 miles of rail line, consisting of two line segments, one of which is located between milepost SB 144.55 and milepost SB 154.50 and the other between milepost SB 158.10 and milepost SB 160.00; (2) NSR will discontinue trackage rights granted to it by CSX Transportation, Inc. (CSXT) over approximately 22.8 miles of CSXT track, located between milepost SF 384.6 and milepost SF 407.4; 1 and (3) NSR will discontinue service over approximately 3.20 miles of rail line, extending between milepost SB 144.55 and milepost SB 141.35 (collectively, the Line).2 The Line traverses United States Postal Service Zip Codes 28073, 28152, 28150, 28089, 28114, 28040, 28018, 28043, and 29702. NSR has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and that overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint has been filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line, and no such complaint is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the 1 The CSXT track over which NSR has trackage rights connects the two line segments that NSR seeks to abandon. 2 NSR states that, although there are different line segments involved, it operates over them as if they were a single line. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 38511 abandonment or discontinuance shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on August 5, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by July 16, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by July 27, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001.5 A copy of any petition filed with the Board should be sent to NSR’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. NSR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 10, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be 3 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 5 NSR states that it may not have title to the entire right-of-way underlying the rail line segments proposed for abandonment, which could limit the availability of the corridor for other public purposes. E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38509-38511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16420]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Information Collection Activities: Statutory Authority To 
Preserve Rail Service

AGENCY: Surface Transportation Board, DOT.

ACTION: 60-day notice and request for comments.

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

SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives 
notice of its intent to seek from the Office of Management and Budget 
(OMB) an extension of the information collections required under 49 
U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d).
    Under these statutory provisions, the Board administers programs 
designed to preserve railroad service or rail rights-of-way. When a 
line is proposed for abandonment, affected shippers, communities, or 
other interested persons may seek to preserve rail service by filing 
with the Board: An offer of financial assistance (OFA) to subsidize or 
purchase a rail line for which a railroad is seeking abandonment (49 
U.S.C. 10904), including a request for the Board to set terms and 
conditions of the financial assistance; a request for a public use 
condition (Sec.  10905); or a trail-use request (16 U.S.C. 1247(d)). 
Similarly, when a line is placed on a system diagram map identifying it 
as an anticipated or potential candidate for abandonment, affected 
shippers, communities, or other interested persons may seek to preserve 
rail service by filing with the Board a feeder line application to 
purchase the identified rail line (Sec.  10907). When a line is so 
placed on the map, the feeder line applicant need not demonstrate that 
the public convenience and necessity require or permit the sale of the 
line, but need only pay the constitutional minimum value to acquire it. 
Additionally, the railroad owning the rail line subject to abandonment 
must, in some circumstances, provide

[[Page 38510]]

information to the applicant or offeror. The relevant information 
collections are described in more detail below.
    Comments are requested concerning: (1) The accuracy of the Board's 
burden estimates; (2) ways to enhance the quality, utility, and clarity 
of the information collected; (3) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology when appropriate; and (4) whether the collection of 
information is necessary for the proper performance of the functions of 
the Board, including whether the collection has practical utility. 
Submitted comments will be summarized and included in the Board's 
request for OMB approval.

Description of Collections

    Title: Statutory Authority to Preserve Rail Service.
    OMB Control Number: 2140-0022.
    STB Form Number: None.
    Type of Review: Extension without change.
    Respondents: Affected shippers, communities, or other interested 
persons seeking to preserve rail service over rail lines that are 
proposed or identified for abandonment, and railroads that are required 
to provide information to the offeror or applicant.
    Number of Respondents: 40 (including informational filings required 
of railroads).
    Frequency: On occasion.

                    Table--Number of Yearly Responses
------------------------------------------------------------------------
                                                             Number of
                     Type of filing                           filings
------------------------------------------------------------------------
Offer of Financial Assistance...........................               1
OFA--Railroad Reply to Request for Information..........               2
OFA--Request to Set Terms and Conditions................               1
Request for Public Use Condition........................               1
Feeder Line Application.................................               1
Trail-Use Request.......................................              27
Trail-Use Request Extension.............................              94
------------------------------------------------------------------------

    Total Burden Hours (annually including all respondents): 612 hours 
(sum total of estimated hours per response X number of responses for 
each type of filing).

                   Table--Estimated Hours per Response
------------------------------------------------------------------------
                                                             Number of
                     Type of filing                          hours per
                                                             response
------------------------------------------------------------------------
Offer of Financial Assistance...........................        32 hours
OFA--Railroad Reply to Request for Information..........        10 hours
OFA--Request to Set Terms and Conditions................         4 hours
Request for Public Use Condition........................         2 hours
Feeder Line Application.................................        70 hours
Trail-Use Request.......................................         4 hours
Trail-Use Request Extension.............................         4 hours
------------------------------------------------------------------------

    Total ``Non-hour Burden'' Cost: None identified. Filings are 
submitted electronically to the Board.
    Needs and Uses: Under the Interstate Commerce Act, as amended by 
the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 
(1995), and Section 8(d) of the National Trails System Act, 16 U.S.C. 
1247(d) (Trails Act), persons seeking to preserve rail service may file 
pleadings before the Board to acquire or subsidize a rail line for 
continued service, or to impose a trail use or public use condition. 
Under 49 U.S.C. 10904, the filing of an OFA starts a process of 
negotiations to define the financial assistance needed to purchase or 
subsidize the rail line sought for abandonment. Once the OFA is filed, 
the offeror may request additional information from the railroad, which 
the railroad must provide. If the parties cannot agree to the sale or 
subsidy, either party also may file a request for the Board to set the 
terms and conditions of the financial assistance. Under Sec.  10905, a 
public use request allows the Board to impose a 180-day public use 
condition on the abandonment of a rail line, permitting the parties to 
negotiate a public use for the rail line. Under Sec.  10907, a feeder 
line application provides the basis for authorizing an involuntary sale 
of a rail line. Finally, under 16 U.S.C. 1247(d), a trail-use request, 
if agreed upon by the abandoning carrier, requires the Board to 
condition the abandonment by issuing a Notice of Interim Trail Use 
(NITU) or Certificate of Interim Trail Use (CITU), permitting the 
parties to negotiate an interim trail use/rail banking agreement for 
the rail line.
    The collection by the Board of these offers, requests, and 
applications, and the railroad's replies (when required), enables the 
Board to meet its statutory duty to regulate the referenced rail 
transactions. See Table--Statutory and Regulatory Provisions below.
    Retention Period: Information in these collections is maintained by 
the Board for 10 years, after which it is transferred to the National 
Archives as permanent records.

DATES: Comments on this information collection should be submitted by 
September 4, 2015.

ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001, or to 
PRA@stb.dot.gov. When submitting comments, please refer to ``Statutory 
Authority to Preserve Rail Service.'' For further information regarding 
this collection, contact PRA@stb.dot.gov or Chris Oehrle at (202) 245-
0271. [Federal Information Relay Service (FIRS) for the hearing 
impaired: (800) 877-8339.] Filings made in responses to this collection 
are available on the Board's Web site at www.stb.dot.gov.

SUPPLEMENTARY INFORMATION: Respondents seeking authority from the Board 
to preserve rail lines must submit certain information required under 
the Board's related regulations and, in some circumstances, railroads 
seeking to abandon a line must disclose certain information to the 
offeror or applicant.
    Offer of Financial Assistance. When a rail line would otherwise be 
approved for abandonment (or discontinuance), any financially 
responsible person may seek to acquire the line for continued rail 
service (after abandonment has been approved), or may seek to 
temporarily subsidize continued operations by the incumbent railroad 
(after abandonment or discontinuance has been approved), by filing an 
OFA under 49 U.S.C. 10904 and 49 CFR 1152.27. An OFA may be submitted 
to the Board as soon as the railroad seeks abandonment (or 
discontinuance) authority. Once an OFA is submitted, the abandoning 
railroad must, upon request, promptly provide to any party considering 
an OFA and to the Board an estimate of the annual subsidy or minimum 
purchase price; a report on the physical condition of line; and data on 
traffic, revenues, net liquidation value, and the cost to rehabilitate 
to class I (minimum) track standards. If the parties are not able to 
agree upon the purchase price or subsidy, then, to move forward, either 
party may ask the Board to set the price or subsidy, which will be 
binding upon the parties if the offeror chooses to accept the terms set 
by the Board and proceed with the purchase.
    Public Use Request. Any person may request that the Board prohibit 
an abandoning railroad from disposing of the right-of-way--for up to 
180 days--without first offering the right-of-way (on reasonable terms) 
for other suitable public purposes (such as mass transit,

[[Page 38511]]

pipeline, transmission lines, recreation, etc.). Such requests are 
governed by 49 U.S.C. 10905 and 49 CFR 1152.28.
    Feeder Line Application. When a line has been identified on a 
railroad's system diagram map as a potential candidate for abandonment 
(or discontinuance), but before abandonment (or discontinuance) 
authority has been sought, any financially responsible person (other 
than a Class I or II railroad) may, by filing a feeder line application 
under 49 U.S.C. 10907 and 49 CFR 1151, seek to acquire the line for 
continued rail service under the forced sale provisions of the feeder 
railroad development program.
    Trail-Use Request. The Trails Act provides a mechanism whereby any 
interested person may seek to ``railbank'' a rail right-of-way that has 
been approved for abandonment and use the property in the interim as a 
recreational trail. The Board has a ministerial role in this process; 
under 49 CFR 1152.29, interested persons may submit a request to the 
Board for a trail-use condition, and if the statutory conditions are 
met, the Board must authorize the parties to negotiate a trail-use 
agreement by issuing a CITU, or, in an exemption proceeding, a NITU. 
The CITU or NITU typically permit negotiations for 180 days, but the 
negotiations can be extended upon request to the Board. Under the 
Trails Act, trail-use agreements are consensual, not forced. The 
abandoning railroad is free to choose whether or not to enter into or 
continue negotiations to transfer (all or part of) the right-of-way to 
a trail sponsor.
    Under the PRA, a Federal agency conducting or sponsoring a 
collection of information must display a currently valid OMB control 
number. A collection of information, which is defined in 44 U.S.C. 
3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons 
submit reports, keep records, or provide information to the agency, 
third parties, or the public. Under Sec.  3506(c)(2)(A) of the PRA, 
Federal agencies are required to provide, prior to an agency's 
submitting a collection to OMB for approval, a 60-day notice and 
comment period through publication in the Federal Register concerning 
each proposed collection of information, including each proposed 
extension of an existing collection of information.

    Dated: June 29, 2015.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-16420 Filed 7-2-15; 8:45 am]
 BILLING CODE 4915-01-P