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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Rules and Regulations
rights to file a notice if the carrier ceases to use the trackage rights prior to when the exemption period would have otherwise expired. However, because such notices would consist of a brief statement that use of the trackage rights has ceased and the date on which use of the trackage rights ceased, the Board stated in the NPRM that it did not believe that the burden associated with these notices would outweigh the reduction in burden associated with eliminating the requirement to file a petition for waiver of the 30-day notice period under 49 CFR 1180.4g1.
Accordingly, the Board concluded that the impact of the proposed rule should slightly reduce the paperwork burden for small entities. The Board also found that the economic impact of the proposed rule, if any, would be minimal, as the burdens associated with obtaining approval of temporary trackage rights agreements in emergencies would be slightly reduced and the rule would likely provide some economic benefit by expediting, in some cases, the process of approving trackage rights agreements necessary to restore service at pre-outage levels. Therefore, the Board certified under 5 U.S.C.
605b that the proposed rule would not have a significant economic impact on a substantial number of small entities within the meaning of the RFA.
The Board is adopting as a final rule the amendments to 49 CFR part 1180 as proposed in the NPRM, without modification. Therefore, the Board certifies under 5 U.S.C. 605b that the final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the RFA.15 This decision will be served upon the Chief Counsel for Advocacy, Offices of Advocacy, U.S.
Small Business Administration, Washington, DC 20416.

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Paperwork Reduction Act In this proceeding, the Board is modifying an existing collection of information that is currently approved by the Office of Management and Budget OMB through November 30, 15 As noted above, the final rule adopts the proposals to require parties to file certain information in the body of their verified notices rather than in a separate caption summary and to clarify that 49 CFR 1180.4g4 does not apply to trackage rights transactions. Requiring parties to provide certain information in verified notices rather than in caption summaries and clarifying that certifications regarding interchange commitments are not required for trackage rights transactions will not increase the economic impact on parties.
Therefore, these requirements do not alter the conclusion that the final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the RFA.

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2023, under the collection of Statutory Licensing Authority OMB Control Number: 21400023. In the NPRM, the Board sought comments pursuant to the Paperwork Reduction Act PRA, 44
U.S.C. 35013521, and OMB
regulations, 5 CFR 1320.8d3, regarding: 1 Whether the collection of information, as modified in the proposed rule and further described in the Appendix to the NPRM, is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; 2 the accuracy of the Boards burden estimates; 3 ways to enhance the quality, utility, and clarity of the information collected; and 4 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. No comments were received pertaining to the collection of this information under the PRA.
This modification to an existing collection will be submitted to OMB for review as required under the PRA, 44
U.S.C. 3507d, and 5 CFR 1320.11.
Congressional Review Act Pursuant to the Congressional Review Act, 5 U.S.C. 801808, the Office of Information and Regulatory Affairs has designated this rule as non-major, as defined by 5 U.S.C. 8042.
List of Subjects in 49 CFR Part 1180
Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements.
It is ordered:
1. The Board adopts the final rule set forth in this decision.
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 December 30, 2021.
Decided: November 28, 2021.
By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and Schultz.
Raina White, Clearance Clerk.

Code of Federal Regulations 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:

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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;
b. In paragraph d8:
i. Remove i, ii, iii, and iv and add in their place i, ii, iii, and iv, respectively;
ii. Remove the words 49 CFR
1180.4g2iii and add in their place the words 49 CFR 1180.4g1ii; and iii. Remove the words these rules and add in their place the words this paragraph d8; and c. Add paragraph d9.
The revision and addition read as follows:

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 of this section.

9 Acquisition of emergency temporary trackage rights by a rail carrier over lines owned or operated by any other rail carrier or carriers that are:
i Based on written agreements, ii not filed or sought in responsive applications in rail consolidation proceedings, iii for overhead operations only, iv scheduled to expire on a specific date not to exceed three months from the effective date of the exemption, and v 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. 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
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