80_FR_64074 80 FR 63871 - Indiana Southern Railroad, LLC-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company

80 FR 63871 - Indiana Southern Railroad, LLC-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63871-63872
FR Document2015-26733

Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63871-63872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26733]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35965]


Indiana Southern Railroad, LLC--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Pursuant to a written trackage rights agreement dated June 29, 
2015, Norfolk Southern Railway Company (NSR) has agreed to grant 
overhead temporary trackage rights to Indiana Southern Railroad, LLC 
(ISRR), over NSR's line of

[[Page 63872]]

railroad between milepost 0.8 EJ at Oakland City Junction, Ind., and 
milepost 4.8 EJ at Enosville, Ind., a distance of approximately 4.0 
miles.\1\
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    \1\ A redacted version of the Agreement between NSR and ISRR was 
filed with the notice of exemption. ISRR simultaneously filed a 
motion for a protective order to protect the confidential and 
commercially sensitive information contained in the unredacted 
version of the Agreement, which ISRR submitted under seal in this 
proceeding. That motion will be addressed in a separate decision.
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    The transaction may be consummated on or after November 4, 2015, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    The purpose of the transaction is to allow ISRR limited overhead 
trackage rights and the ability to provide local rail service to one 
customer located on the line segment. The parties' agreement provides 
that the trackage rights are temporary in nature and are scheduled to 
expire on January 1, 2020.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
& Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7).\2\ If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the effectiveness of the exemption. Stay petitions 
must be filed by October 28, 2015 (at least 7 days before the exemption 
becomes effective). An original and 10 copies of all pleadings, 
referring to Docket No. FD 35965, must be filed with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Eric M. Hocky, 
Clark Hill, PLC, One Commerce Square, 2005 Market St., Suite 1000, 
Philadelphia, PA 19103.
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    \2\ ISRR states that, because the temporary trackage rights 
covered by the notice of exemption are longer than one year in 
duration, it is not filing under the Board's class exemption for 
temporary trackage rights under 49 CFR 1180.2(d)(8). Instead, ISRR 
has filed under the trackage rights class exemption at 1180.2(d)(7) 
and concurrently has filed, in Docket No. FD 35965 (Sub-No. 1), a 
petition for partial revocation of this exemption to permit these 
proposed trackage rights to expire on January 1, 2020, as provided 
in the parties' agreement. The Board will address that petition in a 
separate decision.
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    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 16, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-26733 Filed 10-20-15; 8:45 am]
BILLING CODE 4915-01-P



                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                                63871

                                              have satisfied the conditions for                       exemption under 49 U.S.C. 31136(e) and                the page. On the new page, enter
                                              obtaining a renewed exemption from the                  31315 can be satisfied by initially                   information required including the
                                              vision requirements (64 FR 27027; 64                    granting the renewal and then                         specific section of this document to
                                              FR 40404; 64 FR 51568; 64 FR 66962;                     requesting and evaluating, if needed,                 which each comment applies, and
                                              66 FR 63289; 67 FR 68719; 68 FR 2629;                   subsequent comments submitted by                      provide a reason for each suggestion or
                                              68 FR 52811; 68 FR 61860; 68 FR 64944;                  interested parties. As indicated above,               recommendation. If you submit your
                                              70 FR 48797; 70 FR 61165; 70 FR 61493;                  the Agency previously published                       comments by mail or hand delivery,
                                              70 FR 67776; 72 FR 64273; 74 FR 62632;                  notices of final disposition announcing               submit them in an unbound format, no
                                              76 FR 70215; 78 FR 64280):                              its decision to exempt these 64                       larger than 81⁄2 by 11 inches, suitable for
                                              Thomas E. Adams (IN)                                    individuals from the vision requirement               copying and electronic filing. If you
                                              Terry J. Aldridge (MS)                                  in 49 CFR 391.41(b)(10). The final                    submit comments by mail and would
                                              Lennie D. Baker, Jr. (NC)                               decision to grant an exemption to each                like to know that they reached the
                                              Jerry D. Bridges (TX)                                   of these individuals was made on the                  facility, please enclose a stamped, self-
                                              William J. Corder (NC)                                  merits of each case and made only after               addressed postcard or envelope.
                                              Gary R. Gutschow (WI)                                   careful consideration of the comments                    We will consider all comments and
                                              James J. Hewitt (WI)                                    received to its notices of applications.              material received during the comment
                                              Rodney M. Mimbs (GA)                                    The notices of applications stated in                 period and may change this proposed
                                              Walter F. Moniowczak (MI)                               detail the qualifications, experience,                rule based on your comments. FMCSA
                                              James R. Murphy (NY)                                    and medical condition of each applicant               may issue a final rule at any time after
                                              Chris A. Ritenour (MI)                                  for an exemption from the vision                      the close of the comment period.
                                              Ronald L. Roy (IL)                                      requirements. That information is
                                              Thomas E. Walsh (CA)                                    available by consulting the above cited               Viewing Comments and Documents
                                              Kevin P. Weinhold (MA)                                  Federal Register publications.                           To view comments, as well as any
                                                The drivers were included in one of                      Interested parties or organizations                documents mentioned in this preamble,
                                              the following dockets: Docket No.                       possessing information that would                     To submit your comment online, go to
                                              FMCSA–1999–5578; FMCSA–1999–                            otherwise show that any, or all, of these             http://www.regulations.gov and in the
                                              5748; FMCSA–2002–12844; FMCSA–                          drivers are not currently achieving the               search box insert the docket number
                                              2003–15892; FMCSA–2005–21711.                           statutory level of safety should                      FMCSA–1999–5578; FMCSA–1999–
                                              Their exemptions are effective as of                    immediately notify FMCSA. The                         5748; FMCSA–2002–12844; FMCSA–
                                              November 30, 2015 and will expire on                    Agency will evaluate any adverse                      2003–15268; FMCSA–2003–15892;
                                              November 30, 2017.                                      evidence submitted and, if safety is                  FMCSA–2004–17984; FMCSA–2005–
                                                Each of the 64 applicants listed in the               being compromised or if continuation of               20560; FMCSA–2005–21711; FMCSA–
                                              groups above has requested renewal of                   the exemption would not be consistent                 2006–26653; FMCSA–2007–27515;
                                              the exemption and has submitted                         with the goals and objectives of 49                   FMCSA–2007–27897; FMCSA–2007–
                                              evidence showing that the vision in the                 U.S.C. 31136(e) and 31315, FMCSA will                 29019; FMCSA–2009–0121; FMCSA–
                                              better eye continues to meet the                        take immediate steps to revoke the                    2009–0154; FMCSA–2009–0206;
                                              requirement specified at 49 CFR                         exemption of a driver.                                FMCSA–2011–0057; FMCSA–2011–
                                              391.41(b)(10) and that the vision
                                                                                                      Submitting Comments                                   0124; FMCSA–2011–0189; FMCSA–
                                              impairment is stable. In addition, a
                                                                                                                                                            2013–0028; FMCSA–2013–0029;
                                              review of each record of safety while                     You may submit your comments and
                                                                                                                                                            FMCSA–2013–0030; FMCSA–2013–
                                              driving with the respective vision                      material online or by fax, mail, or hand
                                                                                                      delivery, but please use only one of                  0165; FMCSA–2013–0166 and click
                                              deficiencies over the past two years
                                                                                                      these means. FMCSA recommends that                    ‘‘Search.’’ Next, click ‘‘Open Docket
                                              indicates each applicant continues to
                                                                                                      you include your name and a mailing                   Folder’’ and you will find all documents
                                              meet the vision exemption
                                                                                                      address, an email address, or a phone                 and comments related to the proposed
                                              requirements.
                                                                                                      number in the body of your document                   rulemaking.
                                                These factors provide an adequate
                                              basis for predicting each driver’s ability              so that FMCSA can contact you if there                  Issued on: October 8, 2015.
                                              to continue to drive safely in interstate               are questions regarding your                          Larry W. Minor,
                                              commerce. Therefore, FMCSA                              submission.                                           Associate Administrator for Policy.
                                              concludes that extending the exemption                    To submit your comment online, go to                [FR Doc. 2015–26699 Filed 10–20–15; 8:45 am]
                                              for each renewal applicant for a period                 http://www.regulations.gov and in the                 BILLING CODE 4910–EX–P
                                              of two years is likely to achieve a level               search box insert the docket numbers
                                              of safety equal to that existing without                FMCSA–1999–5578; FMCSA–1999–
                                              the exemption.                                          5748; FMCSA–2002–12844; FMCSA–                        DEPARTMENT OF TRANSPORTATION
                                                                                                      2003–15268; FMCSA–2003–15892;
                                              Request for Comments                                    FMCSA–2004–17984; FMCSA–2005–                         Surface Transportation Board
                                                FMCSA will review comments                            20560; FMCSA–2005–21711; FMCSA–
                                                                                                      2006–26653; FMCSA–2007–27515;                         [Docket No. FD 35965]
                                              received at any time concerning a
                                              particular driver’s safety record and                   FMCSA–2007–27897; FMCSA–2007–                         Indiana Southern Railroad, LLC—
                                              determine if the continuation of the                    29019; FMCSA–2009–0121; FMCSA–                        Temporary Trackage Rights
                                              exemption is consistent with the                        2009–0154; FMCSA–2009–0206;                           Exemption—Norfolk Southern Railway
                                              requirements at 49 U.S.C. 31136(e) and                  FMCSA–2011–0057; FMCSA–2011–                          Company
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                                              31315. However, FMCSA requests that                     0124; FMCSA–2011–0189; FMCSA–
                                              interested parties with specific data                   2013–0028; FMCSA–2013–0029;                              Pursuant to a written trackage rights
                                              concerning the safety records of these                  FMCSA–2013–0030; FMCSA–2013–                          agreement dated June 29, 2015, Norfolk
                                              drivers submit comments by November                     0165; FMCSA–2013–0166 and click the                   Southern Railway Company (NSR) has
                                              20, 2015.                                               search button. When the new screen                    agreed to grant overhead temporary
                                                FMCSA believes that the                               appears, click on the blue ‘‘Comment                  trackage rights to Indiana Southern
                                              requirements for a renewal of an                        Now!’’ button on the right hand side of               Railroad, LLC (ISRR), over NSR’s line of


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                                              63872                      Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              railroad between milepost 0.8 EJ at                       By the Board, Rachel D. Campbell,                   as identified by the President. In
                                              Oakland City Junction, Ind., and                        Director, Office of Proceedings.                      addition, the Secretary of the Treasury,
                                              milepost 4.8 EJ at Enosville, Ind., a                   Tia Delano,                                           in consultation with the Attorney
                                              distance of approximately 4.0 miles.1                   Clearance Clerk.                                      General, the Director of the Central
                                                 The transaction may be consummated                   [FR Doc. 2015–26733 Filed 10–20–15; 8:45 am]          Intelligence Agency, the Director of the
                                              on or after November 4, 2015, the                       BILLING CODE 4915–01–P                                Federal Bureau of Investigation, the
                                              effective date of the exemption (30 days                                                                      Administrator of the Drug Enforcement
                                              after the verified notice was filed).                                                                         Administration, the Secretary of
                                                 The purpose of the transaction is to                                                                       Defense, the Secretary of State, and the
                                                                                                      DEPARTMENT OF THE TREASURY
                                              allow ISRR limited overhead trackage                                                                          Secretary of Homeland Security, may
                                              rights and the ability to provide local                 Office of Foreign Assets Control                      designate and block the property and
                                              rail service to one customer located on                                                                       interests in property, subject to U.S.
                                              the line segment. The parties’ agreement                Additional Designations, Foreign                      jurisdiction, of persons who are found
                                              provides that the trackage rights are                   Narcotics Kingpin Designation Act                     to be: (1) Materially assisting in, or
                                              temporary in nature and are scheduled                                                                         providing financial or technological
                                              to expire on January 1, 2020.                           AGENCY:  Office of Foreign Assets                     support for or to, or providing goods or
                                                 As a condition to this exemption, any                Control, Treasury.                                    services in support of, the international
                                              employees affected by the trackage                      ACTION: Notice.                                       narcotics trafficking activities of a
                                              rights will be protected by the                                                                               person designated pursuant to the
                                              conditions imposed in Norfolk and                       SUMMARY:   The U.S. Department of the
                                                                                                      Treasury’s Office of Foreign Assets                   Kingpin Act; (2) owned, controlled, or
                                              Western Railway—Trackage Rights—                                                                              directed by, or acting for or on behalf of,
                                              Burlington Northern, Inc., 354 I.C.C. 605               Control (OFAC) is publishing the names
                                                                                                      of one individual and one entity whose                a person designated pursuant to the
                                              (1978), as modified in Mendocino Coast                                                                        Kingpin Act; or (3) playing a significant
                                              Railway, Inc.—Lease & Operate—                          property and interests in property have
                                                                                                      been blocked pursuant to the Foreign                  role in international narcotics
                                              California Western Railroad, 360 I.C.C.                                                                       trafficking.
                                              653 (1980).                                             Narcotics Kingpin Designation Act
                                                                                                                                                               On October 15, 2015, the Acting
                                                 This notice is filed under 49 CFR                    (Kingpin Act) (21 U.S.C. 1901–1908, 8
                                                                                                                                                            Director of OFAC designated the
                                              1180.2(d)(7).2 If the notice contains false             U.S.C. 1182).                                         following individual and entity whose
                                              or misleading information, the                          DATES: The designation by the Acting                  property and interests in property are
                                              exemption is void ab initio. Petitions to               Director of OFAC of the individual and                blocked pursuant to section 805(b) of
                                              revoke the exemption under 49 U.S.C.                    entity identified in this notice pursuant             the Kingpin Act.
                                              10502(d) may be filed at any time. The                  to section 805(b) of the Kingpin Act is
                                              filing of a petition to revoke will not                 effective on October 15, 2015.                        Individual
                                              automatically stay the effectiveness of                 FOR FURTHER INFORMATION CONTACT:                         PENG, Bo (a.k.a. ‘‘PENG, Kevin’’);
                                              the exemption. Stay petitions must be                   Assistant Director, Sanctions                         DOB 06 Dec 1983; POB Jiangsu, China;
                                              filed by October 28, 2015 (at least 7 days              Compliance & Evaluation, Office of                    citizen China; Email Address
                                              before the exemption becomes                            Foreign Assets Control, U.S. Department               kevinpengtech@gmail.com; alt. Email
                                              effective). An original and 10 copies of                of the Treasury, Washington, DC 20220,                Address kevin.pengchem@gmail.com;
                                              all pleadings, referring to Docket No. FD               Tel: (202) 622–2490.                                  alt. Email Address kevin.polymer@
                                              35965, must be filed with the Surface                   SUPPLEMENTARY INFORMATION:                            gmail.com; alt. Email Address
                                              Transportation Board, 395 E Street SW.,                                                                       pengbochem@hotmail.com; Gender
                                              Washington, DC 20423–0001. In                           Electronic and Facsimile Availability                 Male; Passport G34331983 (China)
                                              addition, a copy of each pleading must                    This document and additional                        issued 13 Mar 2009 expires 12 Mar
                                              be served on Eric M. Hocky, Clark Hill,                 information concerning OFAC are                       2019; National ID No.
                                              PLC, One Commerce Square, 2005                          available on OFAC’s Web site at                       320106198312060411 (China); alt.
                                              Market St., Suite 1000, Philadelphia, PA                http://www.treasury.gov/ofac or via                   National ID No. 32010619312060000
                                              19103.                                                  facsimile through a 24-hour fax-on-                   (China) (individual) [SDNTK] (Linked
                                                 Board decisions and notices are                      demand service at (202) 622–0077.                     To: KAIKAI TECHNOLOGY CO., LTD.).
                                              available on our Web site at                                                                                  Designated for playing a significant role
                                              WWW.STB.DOT.GOV.                                        Background
                                                                                                                                                            in international narcotics trafficking,
                                                 Decided: October 16, 2015.                              The Kingpin Act became law on                      and therefore meets the statutory criteria
                                                                                                      December 3, 1999. The Kingpin Act                     for designation pursuant to section
                                                 1 A redacted version of the Agreement between        establishes a program targeting the                   805(b)(4) of the Kingpin Act, 21 U.S.C.
                                              NSR and ISRR was filed with the notice of               activities of significant foreign narcotics           1904(b)(4).
                                              exemption. ISRR simultaneously filed a motion for       traffickers and their organizations on a
                                              a protective order to protect the confidential and                                                            Entity
                                              commercially sensitive information contained in         worldwide basis. It provides a statutory
                                              the unredacted version of the Agreement, which          framework for the imposition of                          KAIKAI TECHNOLOGY CO., LTD.
                                              ISRR submitted under seal in this proceeding. That      sanctions against significant foreign                 (a.k.a. EASTNINE CHEMICALS CO.,
                                              motion will be addressed in a separate decision.
                                                 2 ISRR states that, because the temporary trackage
                                                                                                      narcotics traffickers and their                       LTD.; f.k.a. EASTNINE
                                              rights covered by the notice of exemption are longer    organizations on a worldwide basis,                   INTERNATIONAL TRADING CO., LTD.;
                                              than one year in duration, it is not filing under the   with the objective of denying their                   a.k.a. NANJING KAIKAI
                                              Board’s class exemption for temporary trackage          businesses and agents access to the U.S.              POLYURETHANE CO., LTD.; a.k.a.
                                              rights under 49 CFR 1180.2(d)(8). Instead, ISRR has
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      financial system and the benefits of                  NANJING KAIKAI TECHNOLOGY CO.,
                                              filed under the trackage rights class exemption at
                                              1180.2(d)(7) and concurrently has filed, in Docket      trade and transactions involving U.S.                 LTD.), No. 3 Fangcao Garden, Longjiang
                                              No. FD 35965 (Sub-No. 1), a petition for partial        companies and individuals.                            District, Nanjing, Jiangsu 210038, China;
                                              revocation of this exemption to permit these               The Kingpin Act blocks all property                Des Voeux Road, Hong Kong; No. 2,
                                              proposed trackage rights to expire on January 1,
                                              2020, as provided in the parties’ agreement. The
                                                                                                      and interests in property, subject to U.S.            Zhongxin Group, Yanshanhe Village,
                                              Board will address that petition in a separate          jurisdiction, owned or controlled by                  Yangmiao Town, Yangzhou, Jiangsu
                                              decision.                                               significant foreign narcotics traffickers             210038, China; Goldencard Building,


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Document Created: 2018-02-27 08:53:56
Document Modified: 2018-02-27 08:53:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 63871 

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