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 tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

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, VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1


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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