Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules waiver of the 30-day notice period. The new emergency temporary trackage rights notice would incorporate additional language, resulting in approximately 5% more burden hours to prepare than the average notice of exemption, and it is estimated that two notices regarding the cessation of trackage rights would be filed annually.
There are no changes to the estimated non-hourly burdens associated with this collection. The Board welcomes comment on the estimates of actual time and costs of the collection of the proposed emergency trackage rights notices of exemptions, as detailed below in the Appendix. Other information pertinent to this collection is also included in the Appendix. The proposed rule will be submitted to OMB
for review as required under 44 U.S.C.
3507d and 5 CFR 1320.11. Comments received by the Board regarding these information collections will also be forwarded to OMB for its review when the final rule is published.
List of Subjects in 49 CFR Part 1180
Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements.
It is ordered:
1. Comments are due by July 12, 2021.
Reply comments are due by August 11, 2021.
2. Notice of this decision will be published in the Federal Register.
3. A copy of this decision will be served upon the Chief Counsel for Advocacy, Office of Advocacy, U.S.
Small Business Administration.
4. This decision is effective on its service date.
Decided: May 28, 2021.
By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and Schultz.
Jeffrey Herzig, Clearance Clerk.

khammond on DSKJM1Z7X2PROD with PROPOSALS

For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend part 1180 of title 49, chapter X, of the Code of Federal Regulations as follows:
PART 1180RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE
PROCEDURES
1. The authority citation for part 1180
continues to read as follows:

Authority: 5 U.S.C. 553 and 559; 11 U.S.C.
1172; 49 U.S.C. 1321, 10502, 1132311325.

2. Amend 1180.2 as follows:
a. Revise the first sentence of paragraph d introductory text;

VerDate Sep<11>2014

16:42 Jun 04, 2021

Jkt 253001

b. In paragraph d8iv, remove the words 49 CFR 1180.4g2iii and add in their place the words 49 CFR
1180.4g1ii, and remove the words these rules and add in their place the words this paragraph d8;
c. Add paragraph d9.

1180.2

Types of transactions.

d A transaction is exempt if it is within one of the nine categories described in paragraphs d1 through 9.

9i Acquisition of emergency temporary trackage rights by a rail carrier over lines owned or operated by any other rail carrier or carriers that are:
A Based on written agreements, B Not filed or sought in responsive applications in rail consolidation proceedings, C For overhead operations only, D Scheduled to expire on a specific date not to exceed three months from the effective date of the exemption, and E Sought in response to an unforeseen track outage and expected to last more than seven days where there is no reasonable alternative to maintain pre-outage levels of service.
ii If during the exemption period, the outage is resolved and use of the temporary emergency trackage rights ceases to be necessary to maintain service at pre-outage levels, the rail carrier must file a notice stating that the outage has been resolved and that use of the trackage rights has ceased and identifying the date on which use of the trackage rights ceased. Such a notice should be filed within 5 business days of the date on which use of the trackage rights ceased. The emergency temporary trackage rights authority expires upon the official filing date of the notice. If the operations contemplated by the exemption will not be concluded within the initial exemption period, the rail carrier may, prior to expiration of the period, file a request for a renewal of the temporary rights for an additional period of up to 3 months, including the reasons therefor. Rail carriers acquiring temporary trackage rights need not seek authority from the Board to discontinue the trackage rights as of the expiration date specified under 1180.4g1ii. All transactions under this paragraph d9 will be subject to applicable statutory labor protective conditions.
3. Amend 1180.4 as follows:
a. Revise paragraph g1;
b. Remove paragraph g2;
c. Redesignate paragraphs g3 and 4 as paragraphs g2 and 3;

PO 00000

Frm 00032

Fmt 4702

Sfmt 4702

30247

d. Revise newly redesignated g2;
and e. Amend newly redesignated g3 by i. Removing the paragraph heading Transactions imposing interchange commitments;
ii. Revising the first sentence of paragraph g3i.
The revisions read as follows:

1180.4

Procedures.

g Notice of exemption. 1 To qualify for an exemption under 1180.2d, a railroad must file a verified notice of the transaction with the Board. Except for verified notices filed under 1180.2d9, all verified notices under 1180.2d must be filed at least 30 days before the transaction is consummated, indicating the proposed consummation date. Verified notices filed under 1180.2d9 will become effective upon service of notice of the transaction by the Board. Before a verified notice is filed, the railroad shall obtain a docket number from the Boards Section of Administration, Office of Proceedings.
i All notices filed under 1180.2d shall contain the information required in 1180.6a1iiii, a56, and a7ii, and indicate the level of labor protection to be imposed.
ii Notices filed under 1180.2d7, 1180.2d8, or 1180.2d9 shall also contain the following information:
A The name of the tenant railroad;
B The name of the landlord railroad;
C A description of the trackage rights, including a description of the track. For notices under 1180.2d8
and 9, the notice must state that the trackage rights are overhead rights. For notices under 1180.2d7, the notice must state whether the trackage rights are local or overhead;
D The date the trackage rights transaction is proposed to be consummated;
E The date temporary trackage rights will expire, if applicable; and F For notices under 1180.2d9, a description of the situation resulting in the outage in sufficient detail to allow the Board to determine an emergency exits, including, to the extent possible, the nature of the event that caused the unforeseen outage, the location of the outage, the date that the emergency situation occurred, the date the outage was discovered, and the expected duration of the outage.
iii Except for notices filed under 1180.2d9, the Board shall publish a notice of exemption in the Federal Register within 16 days of the filing of the notice. For notices filed under 1180.2d9, the Board shall serve a
E:FRFM07JNP1.SGM

07JNP1