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STB RIN: 2140-AB04 Publication ID: Spring 2011 
Title: ●National Trails System Act and Railroad Rights-Of-Way, Docket No. EP 702 
Abstract: The Board clarifies and updates some of 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 USC 1247(d), and asks for comments on the proposed changes and how to resolve state sovereign immunity issues. The Board also 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 proposed rules would also require parties to ask the Board to vacate the Certificate of Interim Trail Use (CITU) or Notice of Interim Trail Use (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. Lastly, 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. 
Agency: Surface Transportation Board(STB)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 49 CFR 1152.29   
Legal Authority: 11 USC 1170    16 USC 1247(d)    16 USC 1248    45 USC 744    49 USC 701    49 USC 721(a)    49 USC 10502    49 USC 10903 to 10905    49 USC 11161   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/16/2011  76 FR 8992   
NPRM Comment Period End  05/12/2011    
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.stb.dot.gov   Public Comment URL: www.stb.dot.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Valerie Quinn
Acting Deputy Director, Office of Proceedings
Surface Transportation Board
395 E Street SW,
Washington, DC 20423-0001
Phone:202 740-5567
Email: valerie.quinn@stb.gov