81 FR 33576 - Reading Blue Mountain & Northern Railroad Company-Acquisition and Operation Exemption-Locust Valley Coal Company d/b/a Locust Valley Line

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range		33576-33577
FR Document		2016-12349

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33576-33577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12349]


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SURFACE TRANSPORTATION BOARD

[FR-4915-01-P; Docket No. FD 36033]


Reading Blue Mountain & Northern Railroad Company--Acquisition 
and Operation Exemption--Locust Valley Coal Company d/b/a Locust Valley 
Line

    Reading Blue Mountain & Northern Railroad Company (RBMN), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from Locust Valley Coal Company d/b/a Locust Valley 
Line (Locust Valley), and continue to operate, approximately 5.5 miles 
of rail line between milepost 0.0 at Laurel Jct., also known as Maria 
Jct., in Delano Township, and milepost 5.5 beyond Newton Jct., south of 
Mahanoy City, in Mahanoy Township, in Schuylkill County, Pa. (the 
Line). The Line is currently being operated by RBMN.
    According to RBMN, Locust Valley acquired the 5.5-mile Line but 
never performed operations on it.\1\ RBMN states that the Line (except 
for approximately one mile near Laurel Jct.) has been out of service 
for a number of years but has never been abandoned. RBMN also states 
that Locust Valley rehabilitated the Line and entered into an agreement 
with RBMN under which RBMN would operate and provide the freight common 
carrier obligations over the Line.\2\
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    \1\ See, Locust Valley Coal Co. d/b/a Locust Valley Line--
Acquis. Exemption--Rail Lines in Schuylkill Cty., Pa., FD 34642 (STB 
served Jan. 21, 2005).
    \2\ See, Reading Blue Mountain & N.R.R.--Operation Exemption--
Locust Valley Line, FD 34785 (STB served Dec. 29, 2005).
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    Under the proposed transaction, Locust Valley will sell the Line to 
RBMN to allow RBMN to become owner and continue operating it. According 
to RBMN, the transaction will also allow Locust Valley to divest itself 
of an asset it no longer wishes to own or needs for its business 
purposes. RBMN certifies that the agreement does not include an 
interchange commitment.
    RBMN states that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, but that its projected annual revenues would exceed $5 
million. Accordingly, RBMN is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    In the notice, RBMN requests waiver of the 60-day advance labor 
notice requirement under 1150.42(e), asserting that: (1) No Locust 
Valley employees will be affected because there are no Locust Valley 
employees on the Line; and (2) no RBMN employees will be affected 
because RBMN will continue to provide the same service as it has since 
2006. RBMN's waiver request will be addressed in a separate decision.
    The parties propose to consummate the transaction no sooner than 
June 8, 2016, the effective date exemption (30 days after the verified 
notice of exemption was filed). The Board will establish in the 
decision on the waiver request the earliest date this transaction may 
be consummated.
    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

[[Page 33577]]

automatically stay the effectiveness of the exemption. Petitions for 
stay must be filed no later than June 1, 2016 (at least seven days 
before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36033, 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 applicant's representative, Eric M. Hocky, 
Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    According to RBMN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: May 20, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-12349 Filed 5-24-16; 8:45 am]
BILLING CODE P

33576 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

having fishing environments that do not and the Torres Strait Prawn Fishery in According to RBMN, Locust Valley
pose a danger to sea turtles. Sixteen Australia and shrimp or products of acquired the 5.5-mile Line but never
nations have shrimping grounds only in shrimp harvested in the French Guiana performed operations on it.1 RBMN
cold waters where the risk of taking sea domestic trawl fishery are eligible for states that the Line (except for
turtles is negligible: Argentina, Belgium, entry under this provision. Thus, the approximately one mile near Laurel Jct.)
Canada, Chile, Denmark, Finland, importation of TED-caught shrimp from has been out of service for a number of
Germany, Iceland, Ireland, the any other uncertified nation will not be years but has never been abandoned.
Netherlands, New Zealand, Norway, allowed. A responsible government RBMN also states that Locust Valley
Russia, Sweden, the United Kingdom, official of Australia or France must sign rehabilitated the Line and entered into
and Uruguay. Ten nations and one in Block 8 of the DS–2031 form an agreement with RBMN under which
economy only harvest shrimp using accompanying these imports into the RBMN would operate and provide the
small boats with crews of less than five United States. freight common carrier obligations over
that use manual rather than mechanical In addition, the Department has the Line.2
means to retrieve nets or catch shrimp determined that shrimp or products of Under the proposed transaction,
using other methods that do not shrimp harvested in the Spencer Gulf Locust Valley will sell the Line to
threaten sea turtles. Use of such small- region in Australia and Mediterranean RBMN to allow RBMN to become owner
scale technology does not adversely red shrimp (Aristeus antennatus) and continue operating it. According to
affect sea turtles. The 10 nations and harvested in the Mediterranean Sea by RBMN, the transaction will also allow
one economy are: The Bahamas, Belize, Spain may be exported to the United Locust Valley to divest itself of an asset
China, the Dominican Republic, Fiji, States under the DS–2031 Box 7(A)(4) it no longer wishes to own or needs for
Hong Kong, Jamaica, Oman, Peru, Sri provision for ‘‘shrimp harvested in a its business purposes. RBMN certifies
Lanka, and Venezuela. manner or under circumstances that the agreement does not include an
A completed DS–2031 Shrimp determined by the Department of State interchange commitment.
Exporter’s/Importer’s Declaration must not to pose a threat of the incidental RBMN states that its projected annual
accompany all shipments of shrimp or taking of sea turtles.’’ A responsible revenues as a result of this transaction
shrimp product into the United States. government official of Australia or will not result in the creation of a Class
Only shrimp or products from shrimp Spain must sign in Block 8 of the DS– II or Class I rail carrier, but that its
harvested in the 40 certified nations and 2031 form accompanying these imports projected annual revenues would
one economy listed above may be into the United States. exceed $5 million. Accordingly, RBMN
accompanied by a DS–2031 with Box The Department has communicated is required, at least 60 days before this
7(B) checked. All DS–2031 forms these certifications and determinations exemption is to become effective, to
accompanying shrimp imports from under Section 609 to the Office of send notice of the transaction to the
uncertified nations must be originals national offices of the labor unions with
International Trade of U.S. Customs and
with Box 7(A)(1), 7(A)(2), or 7(A)(4) employees on the affected lines, post a
Border Protection.
checked, consistent with the form’s copy of the notice at the workplace of
instructions with regard to the method Dated: May 19, 2016. the employees on the affected lines, and
of production of the product and based David A. Balton, certify to the Board that it has done so.
on any relevant prior determinations by Deputy Assistant Secretary of State for 49 CFR 1150.42(e).
the Department of State, and signed by Oceans and Fisheries, Bureau of Oceans and In the notice, RBMN requests waiver
a responsible government official of the International Environmental and Scientific of the 60-day advance labor notice
harvesting nation’s competent domestic Affairs, Department of State. requirement under 1150.42(e), asserting
fisheries authority. The Department has [FR Doc. 2016–12544 Filed 5–25–16; 8:45 am] that: (1) No Locust Valley employees
not determined that any uncertified BILLING CODE 4710–09–P will be affected because there are no
nation qualifies to export shrimp or Locust Valley employees on the Line;
products of shrimp harvested in a and (2) no RBMN employees will be
manner as described in 7(A)(3). affected because RBMN will continue to
SURFACE TRANSPORTATION BOARD provide the same service as it has since
Shrimp and products of shrimp
harvested with turtle excluder devices 2006. RBMN’s waiver request will be
[FR–4915–01–P; Docket No. FD 36033]
(TEDs) in an uncertified nation may, addressed in a separate decision.
under specific circumstances, be eligible Reading Blue Mountain & Northern The parties propose to consummate
for importation into the United States Railroad Company—Acquisition and the transaction no sooner than June 8,
under the DS–2031 Box 7(A)(2) Operation Exemption—Locust Valley 2016, the effective date exemption (30
provision for ‘‘shrimp harvested by Coal Company d/b/a Locust Valley Line days after the verified notice of
commercial shrimp trawl vessels using exemption was filed). The Board will
TEDs comparable in effectiveness to Reading Blue Mountain & Northern establish in the decision on the waiver
those required in the United States.’’ Railroad Company (RBMN), a Class III request the earliest date this transaction
Use of this provision requires that the rail carrier, has filed a verified notice of may be consummated.
Department determine in advance that exemption under 49 CFR 1150.41 to If the notice contains false or
the government of the harvesting nation acquire from Locust Valley Coal misleading information, the exemption
has put in place adequate procedures to Company d/b/a Locust Valley Line is void ab initio. Petitions to revoke the
monitor the use of TEDs in the specific (Locust Valley), and continue to operate, exemption under 49 U.S.C. 10502(d)
fishery in question and to ensure the approximately 5.5 miles of rail line may be filed at any time. The filing of
sradovich on DSK3TPTVN1PROD with NOTICES

accurate completion of the DS–2031 between milepost 0.0 at Laurel Jct., also a petition to revoke will not
forms. At this time, the Department has known as Maria Jct., in Delano
determined that only shrimp and Township, and milepost 5.5 beyond 1 See, Locust Valley Coal Co. d/b/a Locust Valley

products of shrimp harvested in the Newton Jct., south of Mahanoy City, in Line—Acquis. Exemption—Rail Lines in Schuylkill
Cty., Pa., FD 34642 (STB served Jan. 21, 2005).
Exmouth Gulf Prawn Fishery, the Mahanoy Township, in Schuylkill 2 See, Reading Blue Mountain & N.R.R.—
Northern Prawn Fishery, the County, Pa. (the Line). The Line is Operation Exemption—Locust Valley Line, FD
Queensland East Coast Trawl Fishery, currently being operated by RBMN. 34785 (STB served Dec. 29, 2005).

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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices 33577

automatically stay the effectiveness of Frequency of Use: On occasion. is likely to cause loss of consciousness
the exemption. Petitions for stay must Type of Affected Public: Individuals or any loss of ability to control a CMV.’’
be filed no later than June 1, 2016 (at or households, state or local The exemptions enable these
least seven days before the exemption governments, farms, businesses, or other individuals to operate CMVs in
becomes effective). for-profit, Federal agencies or interstate commerce.
An original and ten copies of all employees, non-profit institutions, DATES: The exemptions were effective
pleadings, referring to Docket No. FD small businesses or organizations. on October 22, 2015. The exemptions
36033, must be filed with the Surface Small Businesses or Organizations expire on October 22, 2017.
Transportation Board, 395 E Street SW., Affected: Yes. FOR FURTHER INFORMATION CONTACT:
Washington, DC 20423–0001. In Federal Budget Functional Category Christine A. Hydock, Chief, Medical
addition, a copy of each pleading must Code: 452. Programs Division, (202) 366–4001,
be served on applicant’s representative, Estimated Number of Annual fmcsamedical@dot.gov, FMCSA,
Eric M. Hocky, Clark Hill PLC, One Responses: 1,800. Department of Transportation, 1200
Commerce Square, 2005 Market Street, Estimated Total Annual Burden New Jersey Avenue SE., Room W64–
Suite 1000, Philadelphia, PA 19103. Hours: 3,600. 113, Washington, DC 20590–0001.
According to RBMN, this action is Estimated Average Burden Hours per
Office hours are from 8:30 a.m. to 5 p.m.
categorically excluded from Response: 2.0.
e.t., Monday through Friday, except
environmental review under 49 CFR Need for and Use of Information: TVA
Federal holidays.
1105.6(c). Land Management activities and Section
Board decisions and notices are 26a of the Tennessee Valley Authority SUPPLEMENTARY INFORMATION:
available on our Web site at Act of 1933, as amended, require TVA I. Electronic Access
WWW.STB.DOT.GOV. to collect information relevant to
You may see all the comments online
Decided: May 20, 2016. projects that will impact TVA land and
through the Federal Document
By the Board, Rachel D. Campbell, land rights and review and approve
Management System (FDMS) at: http://
Director, Office of Proceedings. plans for the construction, operation,
www.regulations.gov.
Tia Delano, and maintenance of any dam,
Docket: For access to the docket to
appurtenant works, or other obstruction
Clearance Clerk. read background documents or
affecting navigation, flood control, or
[FR Doc. 2016–12349 Filed 5–24–16; 8:45 am] comments, go to http://
public lands or reservations across,
BILLING CODE P www.regulations.gov and/or Room
along, or in the Tennessee River or any
W12–140 on the ground level of the
of its tributaries. The information is
West Building, 1200 New Jersey Avenue
collected via paper forms and/or
TENNESSEE VALLEY AUTHORITY SE., Washington, DC, between 9 a.m.
electronic submissions and is used to
and 5 p.m., Monday through Friday,
assess the impact of the proposed
Agency Information Collection except Federal holidays.
project on TVA land or land rights and
Activities: Proposed Collection; Privacy Act: In accordance with 5
statutory TVA programs to determine if
Comment Request U.S.C. 553(c), DOT solicits comments
the project can be approved. Rules for
from the public to better inform its
AGENCY: Tennessee Valley Authority. implementation of TVA’s Section 26a
rulemaking process. DOT posts these
ACTION: 60-Day notice of submission of responsibilities are published in 18 CFR
comments, without edit, including any
information collection approval and part 1304.
personal information the commenter
request for comments. Philip D. Propes, provides, to www.regulations.gov, as
Director, Enterprise Information Security and described in the system of records
SUMMARY: The proposed information
Policy. notice (DOT/ALL–14 FDMS), which can
collection described below will be
[FR Doc. 2016–12401 Filed 5–25–16; 8:45 am] be reviewed at www.dot.gov/privacy.
submitted to the Office of Management
and Budget (OMB) for review, as BILLING CODE 8120–08–P II. Background
required by the Paperwork Reduction On September 21, 2015, FMCSA
Act of 1995 (44 U.S.C. chapter 35, as published a notice announcing receipt
amended). The Tennessee Valley DEPARTMENT OF TRANSPORTATION
of applications from eight individuals
Authority is soliciting public comments requesting an exemption from the
on this proposed collection as provided Federal Motor Carrier Safety
Administration prohibition against persons with a
by 5 CFR 1320.8(d)(1). clinical diagnosis of epilepsy or any
ADDRESSES: Requests for information, [FMCSA Docket No. FMCSA–2015–0118] other condition that is likely to cause a
including copies of the information loss of consciousness or any loss of
collection proposed and supporting Qualification of Drivers; Exemption
ability to operate a CMV in interstate
documentation, should be directed to Applications; Epilepsy and Seizure
commerce and requested comments
the Agency Clearance Officer: Philip D. Disorders
from the public (80 FR 57036). The
Propes, Tennessee Valley Authority, AGENCY: Federal Motor Carrier Safety public comment period closed on
1101 Market Street (MP 2C), Administration (FMCSA), DOT October 21, 2015, and 13 comments
Chattanooga, Tennessee 37402–2801; were received.
ACTION: Notice of final disposition.
(423) 751–8593. FMCSA has evaluated the eligibility
sradovich on DSK3TPTVN1PROD with NOTICES

DATES: Comments should be sent to the SUMMARY: FMCSA announces its of these applicants and determined that
Agency Clearance Officer no later than decision to exempt five individuals granting the exemptions to five
July 25, 2016. from the regulatory requirement that individuals would achieve a level of
SUPPLEMENTARY INFORMATION: interstate commercial motor vehicle safety equivalent to or greater than the
Type of Request: Reauthorization. (CMV) drivers have ‘‘no established level that would be achieved by
Title of Information Collection: medical history or clinical diagnosis of complying with the current regulation
Section 26a Permit Application. epilepsy or any other condition which 49 CFR 391.41(b)(8).

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Document Created: 2016-05-26 01:13:38
Document Modified: 2016-05-26 01:13:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 33576