8992 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

1. Page 82177. Correct footnote 17 to 

read as follows: 

17 Balkin, T., Thorne, D., Sing, H., Thomas, 

M., Redmond, D., Wesensten, N., Williams, 

J., Hall, S. & Belenky, G.,’’Effects of Sleep 

Schedules on Commercial Vehicle Driver 

Performance,’’ 2000. FMCSA–2004–19608– 

2007. 

2. Page 82178. Correct footnote 31 to 

read as follows: 

31 Fu, J.S., Calcagno, J.A., Davis, W.T., 

Boulet, J.A.M. & Wasserman, J.F., ‘‘Improving 

Heavy-Duty Diesel Truck Ergonomics to 

Reduce Fatigue and Improve Driver Health 

and Performance,’’ FMCSA, December 2010. 

3. Page 82179. Correct the third 

sentence in the last paragraph of the 

third column to read: ‘‘An answer would 

turn on knowing the total number of 

crashes in each hour and the percentage 

of driving that takes place in each hour.’’ 

4. Page 82182, correct footnote 39 to 

read as follows: 

39 Van Dongen, H.P.A. & Belenky, G., 

‘‘Investigation into Motor Carrier Practices to 

Achieve Optimal Commercial Motor Vehicle 

Driver Performance: Phase I,’’ December 

2010. FMCSA–2004–19608–4120. 

5. Page 82182. Correct footnote 45 to 

read as follows: 

45 Van Dongen, H.P.A., Jackson, M. & 

Belenky, G., ‘‘Duration of Restart Period 

Needed to Recycle with Optimal 

Performance: Phase II,’’ FMCSA, December 

2010. FMCSA–2004–19608–4440. 

6. Page 82183. Correct the sentence 

that begins on the fourth line from the 

bottom of the second column to read, 

‘‘Because one of the team members 

drives while the other takes his or her 

break, the result of the rule is that the 

non-working driver has to take both 

periods in the sleeper berth because it 

is not possible to log the shorter time as 

off duty while he or she is ‘in or upon 

any commercial motor vehicle.’ ’’ 

7. Page 82187. Correct the sentence 

that begins on the ninth line of the 

second column to read, ‘‘To analyze the 

safety impacts of these changes, the 

Agency has developed a series of 

functions that relate fatigue-coded 

crashes to hours of daily driving and 

hours of weekly work.’’ 

8. Page 82188. Remove the comma 

after ‘‘benefits’’ and before ‘‘These’’ in the 

thirteenth line of the first full paragraph 

in the third column and add in its place 

a period. 

9. Page 82189. Remove the period in 

‘‘Section V.’’ in line five of the paragraph 

that begins after Table 8 in the second 

column. 

10. Page 82192. Remove ‘‘numbers’’ 

and add in its place ‘‘number’’ in the 

eighth line of the third column. 

11. Page 82193. Revise the heading of 

Table 13 to read: ‘‘Table 13—First-Year 

Costs to Affected Firms per Power Unit 

for Option 3.’’ 

12. Page 82193. Revise the last 

sentence of footnote 63 to read, ‘‘When 

the Agency has looked at the impact on 

private carriers in relation to their 

revenue in the past, the percentage 

impact of costs to private carriers as a 

share of revenue has generally been an 

order of magnitude smaller than the 

impacts on for-hire trucking firms.’’ 

13. Page 82195. Remove the 

abbreviation ‘‘EA’’ in the third line from 

the bottom of the third column and add 

in its place ‘‘Environmental 

Assessment.’’ 

14. Page 82197. Correct: 

a. § 395.1 by revising paragraph (b)(1). 

b. § 395.1(d)(2) by removing the 

period after ‘‘§§ 395.8’’ in the second 

sentence and adding in its place a 

comma. 

c. § 395.1(g) by revising paragraphs 

(g)(1)(i)(A)(4), (g)(1)(i)(B), and 

(g)(1)(i)(C). 

§ 395.1 Scope of rules in this part. 

* * * * * 

(b) Driving conditions— 

(1) Adverse driving conditions. Except 

as provided in paragraph (h)(2) of this 

section, a driver who encounters 

adverse driving conditions, as defined 

in § 395.2, and cannot, because of those 

conditions, safely complete the run 

within the maximum driving time 

permitted by §§ 395.3(a) or 395.5(a) may 

drive and be permitted or required to 

drive a commercial motor vehicle for 

not more than 2 additional hours to 

complete that run or to reach a place 

offering safety for the occupants of the 

commercial motor vehicle and security 

for the commercial motor vehicle and its 

cargo. However, that driver may not 

drive or be permitted to drive— 

(i) For more than 12 hours in the 

aggregate following 10 consecutive 

hours off duty for drivers of propertycarrying commercial motor vehicles; 

(ii) After the end of the 14th or 16th 

hour since coming on duty following 10 

consecutive hours off duty for drivers of 

property-carrying commercial motor 

vehicles, pursuant to § 395.3(a)(2); 

(iii) For more than 12 hours in the 

aggregate following 8 consecutive hours 

off duty for drivers of passengercarrying commercial motor vehicles; or 

(iv) After he/she has been on duty 15 

hours following 8 consecutive hours off 

duty for drivers of passenger-carrying 

commercial motor vehicles. 

* * * * * 

(g) * * * 

(1) * * * 

(i) * * * 

(A) * * * 

(4) The equivalent of at least 10 

consecutive hours off duty if the driver 

does not comply with paragraph 

(g)(1)(i)(A)(1), (2), or (3) of this section; 

(B) May not drive more than 10/11 

hours following one of the 10-hour offduty periods specified in paragraph 

(g)(1)(i)(A)(1) through (4) of this section; 

however, driving is permitted only if 7 

hours or less have passed since the 

driver’s last off-duty or sleeper-berth 

period of at least 30 minutes; and 

(C) May not be on duty for more than 

the 13-hour period in § 395.3(a)(4) or 

drive beyond the 14- or 16-hour driving 

window in § 395.3(a)(2) after coming on 

duty following one of the 10-hour offduty periods specified in paragraph 

(g)(1)(i)(A)(1) through (4) of this section; 

and 

* * * * * 

Issued on: February 9, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–3267 Filed 2–15–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1152 

[Docket No. EP 702] 

National Trails System Act and 

Railroad Rights-of-Way 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (STB or Board) has instituted a 

proceeding to clarify, update, and seek 

public comments on proposed changes 

to its existing regulations and 

procedures regarding the use of railroad 

rights-of-way for railbanking and 

interim trail use under the National 

Trails System Act (Trails Act). 

DATES: Comments are due by April 12, 

2011; replies are due by May 12, 2011. 

ADDRESSES: Comments on this proposal 

may be submitted either via the Board’s 

e-filing format or in the traditional 

paper format. Any person using e-filing 

should attach a document and otherwise 

comply with the instructions at the E– 

FILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 702, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

Copies of written comments will be 

available for viewing and self-copying at 

the Board’s Public Docket Room, Room 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8993 

131, and will be posted to the Board’s 

Web site. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Quinn, (202) 245–0382. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

is instituting a proceeding to clarify, 

update, and seek public comments on 

proposed changes to its existing 

regulations and procedures regarding 

the use of railroad rights-of-way for 

railbanking and interim trail use under 

Section 8(d) of the National Trails 

System Act (Trails Act), 16 U.S.C. 

1247(d). 

Specifically, the Board proposes to 

add a new rule to 49 CFR 1152.29, the 

Board’s regulations regarding the Trails 

Act, that would require the railroad and 

the trail sponsor jointly to notify the 

Board when a trail use agreement has 

been reached, and to notify the Board of 

the exact location of the right-of-way 

subject to the interim trail use 

agreement, by including a map and 

milepost marker information. The 

Board’s current rules provide no formal 

means of determining whether an actual 

interim trail use agreement is reached 

after the Board issues a Certificate of 

Interim Trail Use (CITU) or Notice of 

Interim Trail Use (NITU), and, if so, 

whether the agreement applies to the 

entire right-of-way at issue. Therefore, it 

would be useful to the Board and to the 

public to require parties to notify the 

Board when an interim trail use 

agreement has been reached. 

The proposed rules would also 

require parties to ask the Board to vacate 

the CITU/NITU when an interim trail 

use agreement covers only a portion of 

the right-of-way and request a 

replacement CITU/NITU to cover the 

portion of the right-of-way subject to the 

trail use agreement. Currently, the 

Board’s regulations make CITU/NITUs 

self-executing, and the rules 

contemplate that petitions to vacate or 

modify the CITU/NITU will be filed if 

rail service is to be reactivated, interim 

trail use ceases in whole or in part, or 

there is a change in trail sponsors. When 

an interim trail use agreement covers 

only a portion of the right-of-way that 

was proposed to be abandoned, the 

Board’s regulations are unclear whether 

the CITU/NITU that was issued for the 

right-of-way could nonetheless continue 

in effect indefinitely, precluding the 

abandonment of the remainder of the 

right-of-way for which the CITU/NITU 

was issued. Thus, this proposed rule 

would clarify that if an interim trail use 

agreement applies to less of the right-ofway than is covered by the CITU/NITU, 

the parties must petition the Board to 

modify or vacate the CITU/NITU. 

The proposed rules would clarify that 

a substitute trail sponsor must 

acknowledge that interim trail use is 

subject to restoration and reactivation at 

any time. The Board’s rules at 49 CFR 

1152.29(f)(1) currently require that, 

when a trail sponsor intends to 

terminate trail use and another person 

intends to become the trail sponsor, the 

substitute trail sponsor must 

acknowledge its willingness to assume 

financial responsibility for the right-ofway; but the rules are silent with regard 

to any acknowledgment that continued 

interim trail use remains subject to 

possible rail service restoration. 

Accordingly, the Board clarifies that the 

substitute trail sponsor (like 

§ 1152.29(a)(3) requires of the original 

trail sponsor) must affirmatively 

acknowledge that the continued interim 

trail use is subject to possible future 

restoration of the right-of-way and 

reactivation of rail service. 

The Board is also proposing minor 

modifications to its regulations under 

49 CFR 1152.29. This includes the 

following: clarification that, under 

§ 1152.29(e), parties do not need to file 

a request to extend the time for filing a 

notice of abandonment consummation 

when legal or regulatory conditions 

(including a CITU/NITU) remain in 

effect that bar consummation of 

abandonment until these conditions 

have been removed; modification of the 

language in §§ 1152.29(a)(2), (a)(3), 

(c)(2), and (d)(2), to more closely 

resemble the language of the Trails Act; 

modifications of the language of the 

Statement of Willingness to Assume 

Financial Responsibility in 

§ 1152.29(a)(3) to more accurately 

describe the responsibilities of an 

interim trail sponsor; removal of the 

reference to ‘‘NERSA abandonment 

proceedings’’ in 49 CFR 1152.29(c), 

because NERSA is no longer in effect; 

modification of the language in 49 CFR 

1152.29(c)(1) and (d)(1), to clarify that 

the Board will issue a CITU/NITU for 

the portion of the right-of-way on which 

both parties are willing to negotiate 

interim trail use, rather than the portion 

‘‘to be covered by the agreement,’’ as the 

portion that the agreement may 

ultimately cover is unknown at that 

time; and modification of the language 

in 49 CFR 1152.29(c)(2) to clarify that a 

trail sponsor may choose to terminate 

interim trail use over a portion of the 

right-of-way covered by the trail use 

agreement, while continuing interim 

trail use over the remaining portion of 

the right-of-way covered by the trail use 

agreement. 

In addition, in light of concerns 

regarding the ability of some states to 

assume liability and legal and financial 

responsibility for a right-of-way during 

the interim trail use period, the Board 

seeks comments on how to resolve state 

sovereign immunity issues. Also, the 

Board seeks comments on whether there 

are additional means of indirect 

notification of CITU/NITUs to 

reversionary landowners that can be 

used to augment the existing newspaper 

publication method. 

Additional information is contained 

in the Board’s decision served on 

February 16, 2011. To obtain a copy of 

this decision, visit the Board’s Web site 

at http://www.stb.dot.gov. Copies of the 

decision may also be purchased by 

contacting the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0236. 

The Board certifies under 49 U.S.C. 

605(b) that this proposed rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act. The proposed notice requirement 

would require trail sponsors and 

railroads to file a notice with the Board 

when they have reached an interim trail 

use agreement. Some trail sponsors may 

qualify as a small entity, in that they 

may be a ‘‘small organization’’ within 

the meaning of 5 U.S.C. 601(4) or a 

‘‘small governmental jurisdiction’’ 

within the meaning of 5 U.S.C. 601(5). 

Some railroads may qualify as a ‘‘small 

business’’ within the meaning of 5 

U.S.C. 601(3). However, the proposed 

notice that would be required here 

should involve little time and expense 

to draft and file, and thus should have 

little economic impact on a small-entity 

filer. The requirement is limited to only 

those small entities or small businesses 

who might be parties to interim trail use 

agreements. It therefore will not impact 

a substantial number of small entities. 

Pursuant to the Paperwork Reduction 

Act (PRA), 44 U.S.C. 3501–3519, and 

Office of Management and Budget 

(OMB) regulations at 5 CFR 

1320.8(d)(3), the Board also seeks 

comments regarding: (1) Whether the 

particular collection of information 

described below is necessary for the 

proper performance of the functions of 

the Board, including whether the 

collection has practical utility; (2) the 

accuracy of the Board’s 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 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
8994 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

information technology, when 

appropriate. Information pertinent to 

these issues is included in the 

Appendix. These proposed rules are 

being submitted to OMB for review as 

required under the PRA, 44 U.S.C. 

3507(d) and 5 CFR 1320.11. Comments 

on the four questions prescribed above 

should be submitted to the Board, in 

accordance with the comment period 

described below. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

List of Subjects in 49 CFR Part 1152 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements, Uniform 

System of Accounts. 

Decided: February 10, 2011. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Jeffrey Herzig, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board proposes to amend part 1152 of 

title 49, chapter X, of the Code of 

Federal Regulations as follows: 

PART 1152—ABANDONMENT AND 

DISCONTINUANCE OF RAIL LINES 

AND RAIL TRANSPORTATION UNDER 

49 U.S.C. 10903 

1. The authority citation for part 1152 

continues to read as follows: 

Authority: 11 U.S.C. 1170; 16 U.S.C 

1247(d) and 1248; 45 U.S.C. 744; and 49 

U.S.C. 701 note (1995) (section 204 of the ICC 

Termination Act of 1995), 721(a), 10502, 

10903–10905, and 11161. 

2. Amend § 1152.29 by revising 

paragraphs (a)(2), (a)(3), (c) heading, 

(c)(1), (c)(2) introductory text, (c)(2)(iii), 

(d)(1), (d)(2) introductory text, and 

(d)(2)(iii) and by adding paragraphs 

(f)(1)(iii) and (h) to read as follows: 

§ 1152.29 Prospective use of rights-of-way 

for interim trail use and rail banking. 

(a) * * * 

(2) A statement indicating the trail 

sponsor’s willingness to assume full 

responsibility for: 

(i) Managing the right-of-way; 

(ii) Any legal liability arising out of 

the transfer or use of the right-of-way 

(unless the user is immune from 

liability, in which case it need only 

indemnify the railroad against any 

potential liability); and 

(iii) The payment of any and all taxes 

that may be levied or assessed against 

the right-of-way; and 

(3) An acknowledgment that interim 

trail use is subject to the sponsor’s 

continuing to meet its responsibilities 

described in paragraph (a)(2) of this 

section, and subject to possible future 

reconstruction and reactivation of the 

right-of-way for rail service. The 

statement must be in the following form: 

Statement of Willingness To Assume 

Financial Responsibility 

In order to establish interim trail use 

and rail banking under 16 U.S.C. 

1247(d) and 49 CFR 1152.29 with 

respect to the right-of-way owned by 

llllll (Railroad) and operated by 

llllll (Railroad), llllll 

(Interim Trail Sponsor) is willing to 

assume full responsibility for: (1) 

Managing the right-of-way, (2) any legal 

liability arising out of the transfer or use 

of the right-of-way (unless the sponsor 

is immune from liability, in which case 

it need only indemnify the railroad 

against any potential liability), and (3) 

the payment of any and all taxes that 

may be levied or assessed against the 

right of way. The property, known as 

llllll (Name of Branch Line), 

extends from railroad milepost llll 

near llllll (Station Name), to 

railroad milepost llll, near 

llllll (Station name), a distance 

of llll miles in [County(ies), 

(State(s)]. The right-of-way is part of a 

line of railroad proposed for 

abandonment in Docket No. STB AB 

llll (Sub-No. llll). 

A map of the property depicting the 

right-of-way is attached. 

llllll (Interim Trail Sponsor) 

acknowledges that use of the right-ofway is subject to the user’s continuing 

to meet its responsibilities described 

above and subject to possible future 

reconstruction and reactivation of the 

right-of-way for rail service. A copy of 

this statement is being served on the 

railroad(s) on the same date it is being 

served on the Board. 

* * * * * 

(c) Regular abandonment 

proceedings. (1) If continued rail service 

does not occur pursuant to 49 U.S.C. 

10904 and Sec. 1152.27, and a railroad 

agrees to negotiate an interim trail use/ 

rail banking agreement, then the Board 

will issue a CITU to the railroad and to 

the interim trail sponsor for that portion 

of the right-of-way as to which both 

parties are willing to negotiate. The 

CITU will: Permit the railroad to 

discontinue service, cancel any 

applicable tariffs, and salvage track and 

material consistent with interim trail 

use and rail banking, as long as it is 

consistent with any other Board order, 

30 days after the date it is issued; and 

permit the railroad to fully abandon the 

line if no trail use agreement is reached 

180 days after it is issued, subject to 

appropriate conditions, including labor 

protection and environmental matters. 

(2) The CITU will indicate that any 

interim trail use is subject to future 

restoration of rail service and to the 

sponsor’s continuing to meet its 

responsibilities described in paragraph 

(a)(2) of this section. The CITU will also 

provide that, if an interim trail use 

agreement is reached (and thus interim 

trail use established), the parties shall 

file the notice described in paragraph 

(h) of this section. Additionally, the 

CITU will provide that if the sponsor 

intends to terminate interim trail use on 

all or any portion of the right-of-way 

covered by the interim trail use 

agreement, it must send the Board a 

copy of the CITU and request that it be 

vacated on a specified date. If a party 

requests that the CITU be vacated for 

only a portion of the right-of-way, the 

Board will issue an appropriate 

replacement CITU covering the 

remaining portion of the right-of-way 

subject to the interim trail use 

agreement. The Board will reopen the 

abandonment proceeding, vacate the 

CITU, and issue a decision permitting 

immediate abandonment for the 

involved portion of the right-of-way. 

Copies of the decision will be sent to: 

* * * * * 

(iii) The current trail sponsor. 

* * * * * 

(d) * * * 

(1) If continued rail service does not 

occur under 49 U.S.C. 10904 and Sec. 

1152.27 and a railroad agrees to 

negotiate an interim trail use/rail 

banking agreement, then the Board will 

issue a Notice of Interim Trail Use or 

Abandonment (NITU) to the railroad 

and to the interim trail sponsor for the 

portion of the right-of-way as to which 

both parties are willing to negotiate. The 

NITU will: permit the railroad to 

discontinue service, cancel any 

applicable tariffs, and salvage track and 

materials, consistent with interim trail 

use and rail banking, as long as it is 

consistent with any other Board order, 

30 days after the date it is issued; and 

permit the railroad to fully abandon the 

line if no agreement is reached 180 days 

after it is issued, subject to appropriate 

conditions, including labor protection 

and environmental matters. 

(2) The NITU will indicate that 

interim trail use is subject to future 

restoration of rail service and to the 

sponsor’s continuing to meet its 

responsibilities described in paragraph 

(a)(2) of this section. The NITU will also 

provide that, if an interim trail use 

agreement is reached (and thus interim 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8995 

trail use established), the parties shall 

file the notice described in paragraph 

(h) of this section. Additionally, the 

NITU will provide that if the sponsor 

intends to terminate interim trail use on 

all or any portion of the right-of-way 

covered by the interim trail use 

agreement, it must send the Board a 

copy of the NITU and request that it be 

vacated on a specific date. If a party 

requests that the NITU be vacated for 

only a portion of the right-of-way, the 

Board will issue an appropriate 

replacement NITU covering the 

remaining portion of the right-of-way 

subject to the interim trail use 

agreement. The Board will reopen the 

exemption proceeding, vacate the NITU, 

and issue a decision reinstating the 

exemption for that portion of the rightof-way. Copies of the decision will be 

sent to: 

* * * * * 

(iii) The current trail sponsor. 

* * * * * 

(f)(1) * * * 

(iii) An acknowledgement that interim 

trail use is subject to possible future 

reconstruction and reactivation of the 

right-of-way for rail service. 

* * * * * 

(h) When the parties negotiating for 

railbanking/interim trail use reach an 

agreement, the trail sponsor and railroad 

shall jointly notify the Board within 10 

days that the agreement has been 

reached. The notice shall include a map 

depicting, and an accurate description 

of, the involved right-of-way or portion 

thereof (including mileposts) that is 

subject to the parties’ interim trail use 

agreement and a certification that the 

interim trail use agreement includes 

provisions requiring the sponsor to 

fulfill the responsibilities described in 

paragraph (a)(2) of this section. 

Additionally, if the interim trail use 

agreement establishes interim trail use 

over less of the right-of-way than is 

covered by the CITU or NITU, the notice 

shall also include a request that the 

Board vacate the CITU or NITU and 

issue a replacement CITU/NITU for only 

the portion of the right-of-way covered 

by the interim trail use agreement. The 

Board will reopen the abandonment 

proceeding, vacate the CITU or NITU, 

issue an appropriate replacement CITU 

or NITU for only the portion of the 

right-of-way covered by the interim trail 

use agreement, and issue a decision 

permitting immediate abandonment of 

the portion of the right-of-way not 

subject to the interim trail use 

agreement. Copies of the decision will 

be sent to: 

(1) The rail carrier that sought 

abandonment authorization; 

(2) The owner of the right-of-way; and 

(3) The current trail sponsor. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix 

Notifications of Trail Use Agreement and 

Sponsor Substitution 

The additional information below is 

included to assist those who may wish to 

submit comments pertinent to review under 

the Paperwork Reduction Act: 

Description of Collection 

Title: New submissions under the Board’s 

Trails Act regulations. 

OMB Control Number: 2140–XXXX. 

STB Form Number: None. 

Type of Review: New collection. 

Respondents: Parties to an interim trail use 

agreement; substitute trail sponsors. 

Number of Respondents: 40 (potentially). 

Estimated Time per Response: 1 hour or 

less. 

Frequency: On occasion. 

Total Burden Hours (annually including all 

potential respondents): 40 hours. 

Total ‘‘Non-hour Burden’’ Cost: None 

identified. 

Needs and Uses: The new rule proposes to 

require parties to notify the Board when a 

trail use agreement has been reached, and to 

notify the Board of the exact location of the 

right-of-way subject to the agreement, 

including a map and milepost marker 

information. This submission will ensure 

that the agency and the public have accurate 

information on the status of property after 

interim trail use conditions have been issued. 

As is already required for an original trail 

sponsor, the proposed rule would also clarify 

that a substitute trail sponsor must 

acknowledge that interim trail use is subject 

to restoration and reactivation at any time. 

Retention Period: These records are 

retained indefinitely. 

[FR Doc. 2011–3397 Filed 2–15–11; 8:45 am] 

BILLING CODE 4915–01–P 


erowe on DSK5CLS3C1PROD with PROPOSALS-1