60-Day Notice of Intent To Seek Extension of Approval and Merger of Collections: Statutory Authority To Preserve Rail Service, 17210-17211 [2018-08095]

Download as PDF 17210 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices the proposed adverse discontinuance who wish to participate actively and fully in the process should file a protest, observing the filing, service, and content requirements of 49 CFR 1152.25. The State’s reply is due by May 29, 2018. All filings in response to this notice must refer to Docket No. AB 1253 and must be sent to: (1) Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001; and (2) John H. LeSeur, Slover & Loftus LLP, 1224 Seventeenth Street NW, Washington, DC 20036. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s ‘‘www.stb.gov’’ website, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send the original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in 49 CFR 1152, every document filed with the Board must be served on all parties to this adverse discontinuance proceeding. 49 CFR 1104.12(a). Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full discontinuance regulations at 49 CFR 1152. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. Board decisions and notices are available on our website at ‘‘WWW.STB.GOV.’’ Decided: April 12, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina Contee, Clearance Clerk. [FR Doc. 2018–08134 Filed 4–17–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD 60-Day Notice of Intent To Seek Extension of Approval and Merger of Collections: Statutory Authority To Preserve Rail Service Surface Transportation Board. Notice and request for comments. AGENCY: amozie on DSK30RV082PROD with NOTICES ACTION: 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 SUMMARY: VerDate Sep<11>2014 17:31 Apr 17, 2018 Jkt 244001 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 PRA@stb.gov. 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 michael.higgins@stb.gov. [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. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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 Type of filing Number of filings Offer of Financial Assistance ..... OFA—Railroad Reply to Request for Information ............... OFA—Request To Set Terms and Conditions ........................ Request for Public Use Condition .......................................... Feeder Line Application .............. Trail-Use Request ....................... Trail-Use Request Extension ...... 1 1 1 1 5 23 84 Total Burden Hours (annually including all respondents): 826 Hours (sum total of estimated hours per response × number of responses for each type of filing). TABLE—ESTIMATED HOURS PER RESPONSE Type of filing Offer of Financial Assistance ... OFA—Railroad Reply to Request for Information ............. OFA—Request To Set Terms and Conditions ...................... Request for Public Use Condition ........................................ Feeder Line Application ............ Trail-Use Request ..................... Trail-Use Request Extension .... Number of hours per response 32 10 4 2 70 4 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 E:\FR\FM\18APN1.SGM 18APN1 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices 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. amozie on DSK30RV082PROD with NOTICES 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. VerDate Sep<11>2014 17:31 Apr 17, 2018 Jkt 244001 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 17211 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No: FAA–2011–0786] Deadline for Notification of Intent To Use the Airport Improvement Program’s (AIP) Primary, Cargo, and Nonprimary Entitlement Funds Available for Fiscal Year (FY) 2018 Federal Aviation Administration (FAA), Department of Transportation. ACTION: Notice. AGENCY: The FAA announces May 15, 2018, as the deadline for each airport sponsor to notify the FAA whether or not it will use its FY 2018 entitlement funds (also referred to as apportioned funds) available under 49 U.S.C. 47114 to support AIP-eligible projects that the airport sponsor previously identified through the Airports Capital Improvement Plan process during the preceding year. FOR FURTHER INFORMATION CONTACT: Elliott Black, Director, Office of Airport Planning and Programming, APP–1, at (202) 267–8775. SUPPLEMENTARY INFORMATION: Title 49 U.S.C. 47105(f) provides that the sponsor of each airport to which entitlement funds are apportioned shall notify the Secretary by such time and in a form as prescribed by the Secretary of the airport sponsor’s intent to apply for its available entitlement funds. Therefore, the FAA is hereby notifying airport sponsors of the steps required to ensure that the FAA has sufficient time to carry-over and convert remaining entitlement funds. This notice applies only to those airports that have had entitlement funds apportioned to them, except those nonprimary airports located in designated block grant states. Airport sponsors intending to apply for any of their available entitlement funds, including those unused from prior years, shall make their intent known by 12 p.m. prevailing local time on Tuesday, May 15, 2018. This notice must address all entitlement funds available for FY 2018, including those entitlement funds not obligated from prior years. These notifications are critical to ensure efficient planning and administration of the AIP. The final grant application deadline is Tuesday, July 10, 2018. All notifications and grant applications must be provided to the designated FAA Airports District Office (or regional office in regions without Airports District Offices). The airport sponsor’s notification must address all entitlement funds SUMMARY: E:\FR\FM\18APN1.SGM 18APN1

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[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17210-17211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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