The final rule aspect, which sets a one-year term for each initial interim period for the use of trails/rails, applies to any new CITU or NIGHT requested on or after the day of entry into force of the rule. Parties who, at the time of entry into force of these rules, are negotiating under existing CITUs or NITs and wish to extend their trading period, must request an extension of one year instead of 180 days as is currently the case (or another duration). The aspect of the final rule, which limits to three the number of one-year extensions of a provisional negotiation period for the use of railway roads/banks, applies both to new CITUs or NITus requested on or after the date of entry into force of the rule and to cases where a CITU or NITU was requested before the entry into force of the final rule. In the latter case, any request that would extend the negotiation period for the intermediate use of the trail or railway bank to a date after the fourth anniversary of the issuance of the CITU or NITU (including cases where the existing CITU or NITU goes beyond that anniversary) requires proof of exceptional circumstances, unless the application is eligible for the transitional measure described below. 3. The recognition that the intermediate use of the tracks depends on the continuation by the promoter of the responsibilities referred to in paragraph (a) paragraph 2 of this Section and subject to any future transformation and reactivation of priority for rail transport. The statement should be presented in the following form: similarly, some landowners jointly submitted comments arguing that the NPRS of the Board of Directors was attempting “an accompanying concern necessary to extend the temporary and sustainable negotiation deadlines for the use of the tracks”. (Nelson et al. Comments 1, June 28, 2019, EP 749 (sub-no. 1) et al.) These landowners argue that if there are limits to the number of extensions to the CITU or NITU negotiation period, there should also be “a simultaneous amendment regarding the limitation of the completion of the task after these newly extended negotiation periods and the likelihood of termination/discharge of a NITU”. (Id. 4.) They propose four amendments to the statute of the Board of Directors of Section 1152.29(e) which regulates notices of performance of tasks; These proposed amendments include a proposal that “the completion of the abandonment of a railway shall occur automatically 180 days after the expiry or discharge of a NITU”. (Id.
at the 5th) The Board has reviewed the comments received after the publication of the NPR and the SNPR and continues to conclude that an adequate limitation on the number of extensions of the trading period for the interbank use of trail/rail banking would promote administrative efficiency, clarity and finality. . . .