81 FR 62548 - Grand Elk Railroad, Inc.-Acquisition of Incidental Trackage Rights Exemption-Norfolk Southern Railway Company
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 175 (September 9, 2016)
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62548-62549 | |
| FR Document | 2016-21701 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Notices] [Pages 62548-62549] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21701] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 35187 (Sub-No. 1)] Grand Elk Railroad, Inc.--Acquisition of Incidental Trackage Rights Exemption--Norfolk Southern Railway Company Grand Elk Railroad, Inc. (GDLK), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by assignment from Norfolk Southern Railway Company (NSR) trackage rights over approximately 3.3 miles of rail line owned by CSX Transportation, Inc. (CSXT) in Grand Rapids, Mich. (the Line). The Line extends from milepost CH 151.3at Pleasant Street through milepost CH 151.6/CGE 0.0 to milepost CGE 3.0 north of Ann Street in Grand Rapids, Mich. GDLK states that the subject trackage rights conveyance was incidental to GDLK's 2009 lease and operation of NSR-owned railroad lines extending generally from Grand Rapids, Mich., to Elkhart, Ind., but was inadvertently omitted from GDLK's notice of exemption for that transaction. See Grand Elk R.R.--Lease & Operation Exemption--Norfolk S. Ry., FD 35187 (STB served Nov. 17, 2008). GLDK states that it has filed this notice to obtain proper agency authority for the prior assignment of trackage rights over the CSXT Line. (Notice 2.) GDLK contends that it operated pursuant to the CSXT Line trackage rights from its start-up in 2009 until August 10, 2016, when CSXT denied GDLK access to the line. (Notice 3). According to GDLK, CSXT is disputing the 2009 assignment and GDLK is addressing CSXT's contractual arguments in state court.\1\ (Id.) GLDK states that it is seeking retroactive Board authorization to assure that the court is fully able to address the matters before it. (Id.) GDLK states that the transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. --------------------------------------------------------------------------- \1\ GDLK acknowledges that the authority invoked by its notice is permissive and that issuance of this notice is not determinative of the disputed trackage rights contract issues. (Notice 6 n.3 (citing Wis. Cent. Ltd.--Trackage Rights Exemption--Lines of Union Pac. R.R., FD 35992 (STB served Mar. 4, 2016), and Rock & Rail, Inc.--Acquis. & Operation Exemption--Burlington N. & Santa Fe. Ry., FD 33738 (STB served Apr. 30, 1999).) --------------------------------------------------------------------------- GDLK 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, GDLK 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 addition to its verified notice of exemption, GDLK has filed a petition for waiver of the 60-day labor notice requirements of 49 CFR 1150.42(e), asserting that: (1) No employees would be affected by the Board's authorization [[Page 62549]] of these trackage rights; and (2) GDLK provided the required notice to NSR employees and relevant national labor organizations at the time of the underlying lease transaction in 2009. GDLK has also filed a petition to partially revoke the class exemption at 49 CFR 1150.41 to allow the Board to retroactively authorize the assignment of trackage rights from NSR to GDLK. GDLK's waiver request and petition for partial revocation will be addressed in a separate decision. 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 automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than September 16, 2016 (at least seven days before the exemption becomes effective.) An original and ten copies of all pleadings, referring to Docket No. FD 35187 (Sub-No. 1), 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, Robert A. Wimbish, Fletcher & Sippell LLC, 29 North Wacker Drive, Suite 290, Chicago, IL 60606. According to GDLK, 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: September 2, 2016. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2016-21701 Filed 9-8-16; 8:45 am] BILLING CODE 4915-01-P
![62548 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
the Search field. Then click the record. Before including any detailed approximately 3.3 miles of rail line
‘‘Comment Now’’ button and complete personal information, you should be owned by CSX Transportation, Inc.
the comment form. aware that your comments as submitted, (CSXT) in Grand Rapids, Mich. (the
• Email: GrewJF@state.gov. including your personal information, Line). The Line extends from milepost
• Regular Mail: Send written will be available for public review. CH 151.3± at Pleasant Street through
comments to: Department of State, milepost CH 151.6/CGE 0.0 to milepost
Abstract of Proposed Collection
Bureau of Medical Services—Medical CGE 3.0± north of Ann Street in Grand
Clearances, SA–15 Room 400, 1800 The goal of the ‘‘Self Certification Rapids, Mich.
North Kent St., Rosslyn, VA. 22209. And Ability To Perform In GDLK states that the subject trackage
• Fax: 703–875–5412. Emergencies’’ (ESCAPE) program is to rights conveyance was incidental to
You must include the DS form ensure that non-federal individuals who GDLK’s 2009 lease and operation of
number (if applicable), information are being considered for a contracted NSR-owned railroad lines extending
collection title, and the OMB control position at a designated post are capable generally from Grand Rapids, Mich., to
number in any correspondence. of the unique, potentially challenging Elkhart, Ind., but was inadvertently
FOR FURTHER INFORMATION CONTACT: and life threatening conditions at omitted from GDLK’s notice of
Direct requests for additional ESCAPE posts. These individuals are exemption for that transaction. See
information regarding the collection required to review with a medical Grand Elk R.R.—Lease & Operation
listed in this notice, including requests provider the pre-deployment Exemption—Norfolk S. Ry., FD 35187
for copies of the proposed collection acknowledgement form (DS–6570) and (STB served Nov. 17, 2008). GLDK states
instrument and supporting documents, then affirm that they understand the that it has filed this notice to obtain
to Joan F. Grew, who may be reached on physical rigors and security conditions proper agency authority for the prior
703–875–5412 or at GrewJF@state.gov. at these posts and can perform any assignment of trackage rights over the
specified emergency functions. Medical CSXT Line. (Notice 2.) GDLK contends
SUPPLEMENTARY INFORMATION:
information is collected from medical that it operated pursuant to the CSXT
• Title of Information Collection: Self
providers and respondents during this Line trackage rights from its start-up in
Certification and Ability To Perform in
review. The Department of State is 2009 until August 10, 2016, when CSXT
Emergencies (ESCAPE) Program.
requesting approval of this Information denied GDLK access to the line. (Notice
• OMB Control Number: 1405–0224.
Collection so non-federal individuals 3). According to GDLK, CSXT is
• Type of Request: Revision of a
who will be selected for assignments disputing the 2009 assignment and
Currently Approved Collection.
can provide completed pre-deployment GDLK is addressing CSXT’s contractual
• Originating Office: Bureau of
medical information. This Collection is arguments in state court.1 (Id.) GLDK
Medical Services (MED).
• Form Number: DS–6570. allowed under the Foreign Service Act states that it is seeking retroactive Board
• Respondents: Non-federal of 1980 (22 U.S.C. 3901) and the Basic authorization to assure that the court is
individuals being considered for Authorities Act of 1956 (22 U.S.C. fully able to address the matters before
contracted assignments at ESCAPE- 2651). it. (Id.) GDLK states that the transaction
designated posts. Methodology does not involve any provision or
• Estimated Number of Respondents: agreement that would limit future
The information collected will be interchange with a third-party
200. collected using a form (DS–6570) during
• Estimated Number of Responses: connecting carrier.
a medical review between a non-federal GDLK states that its projected annual
200. individual and his/her medical
• Average Time per Response: 30 revenues as a result of this transaction
provider. The individual will submit the will not result in the creation of a Class
minutes.
completed form, signed by both the II or Class I rail carrier, but that its
• Total Estimated Burden Time: 100
individual and provider, to the Bureau projected annual revenues would
annual hours.
of Medical Services at the U.S. exceed $5 million. Accordingly, GDLK
• Frequency: One time per
Department of States. is required, at least 60 days before this
deployment to ESCAPE post.
• Obligation to Respond: Required to Dated: September 1, 2016. exemption is to become effective, to
obtain a benefit. Behzad Shahbazian, send notice of the transaction to the
We are soliciting public comments to Director of Clinical Services, Bureau of national offices of the labor unions with
permit the Department to: Medical Services, Department of State. employees on the affected lines, post a
• Evaluate whether the proposed [FR Doc. 2016–21756 Filed 9–8–16; 8:45 am] copy of the notice at the workplace of
information collection is necessary for BILLING CODE 4710–36–P
the employees on the affected lines, and
the proper functions of the Department. certify to the Board that it has done so.
• Evaluate the accuracy of our 49 CFR 1150.42(e).
estimate of the time and cost burden for In addition to its verified notice of
SURFACE TRANSPORTATION BOARD exemption, GDLK has filed a petition for
this proposed collection, including the
validity of the methodology and [Docket No. FD 35187 (Sub-No. 1)] waiver of the 60-day labor notice
assumptions used. requirements of 49 CFR 1150.42(e),
Grand Elk Railroad, Inc.—Acquisition asserting that: (1) No employees would
• Enhance the quality, utility, and of Incidental Trackage Rights
clarity of the information to be be affected by the Board’s authorization
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Exemption—Norfolk Southern Railway
collected. Company 1 GDLK acknowledges that the authority invoked
• Minimize the reporting burden on by its notice is permissive and that issuance of this
those who are to respond, including the Grand Elk Railroad, Inc. (GDLK), a notice is not determinative of the disputed trackage
use of automated collection techniques Class III rail carrier, has filed a verified rights contract issues. (Notice 6 n.3 (citing Wis.
or other forms of information notice of exemption under 49 CFR Cent. Ltd.—Trackage Rights Exemption—Lines of
Union Pac. R.R., FD 35992 (STB served Mar. 4,
technology. 1150.41 to acquire by assignment from 2016), and Rock & Rail, Inc.—Acquis. & Operation
Please note that comments submitted Norfolk Southern Railway Company Exemption—Burlington N. & Santa Fe. Ry., FD
in response to this Notice are public (NSR) trackage rights over 33738 (STB served Apr. 30, 1999).)
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![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62549
of these trackage rights; and (2) GDLK approximately 26.5 miles of rail line DEPARTMENT OF TRANSPORTATION
provided the required notice to NSR between milepost 133.0 near Bay
employees and relevant national labor Springs, Miss., and milepost 159.5 near Federal Aviation Administration
organizations at the time of the Newton, Miss.
underlying lease transaction in 2009. MSR and KCS originally entered into Eleventh RTCA SC–228 Minimum
GDLK has also filed a petition to a lease agreement in 2005.1 According Performance Standards (MPS) for UAS
partially revoke the class exemption at to MSR, they have recently entered into Plenary Session
49 CFR 1150.41 to allow the Board to an amended and restated lease AGENCY: Federal Aviation
retroactively authorize the assignment agreement (Amended Agreement) Administration (FAA), U.S. Department
of trackage rights from NSR to GDLK. which, among other things, extends the of Transportation (DOT).
GDLK’s waiver request and petition for term of the lease to August 1, 2026. MSR
ACTION: Eleventh RTCA SC–228
partial revocation will be addressed in will continue to be the operator of the
Minimum Performance Standards (MPS)
a separate decision. The Board will 26.5-mile line.
for UAS Plenary Session.
establish in the decision on the waiver MSR certifies that the projected
request the earliest date this transaction annual revenues as a result of this SUMMARY: The FAA is issuing this notice
may be consummated. transaction will not result in MSR’s to advise the public of a meeting of
If the notice contains false or becoming a Class I or Class II rail carrier Eleventh RTCA SC–228 Minimum
misleading information, the exemption and that its projected annual revenue Performance Standards (MPS) for UAS
is void ab initio. Petitions to revoke the will not exceed $5 million. MSR states Plenary Session.
exemption under 49 U.S.C. 10502(d) that the Amended Agreement regarding DATES: The meeting will be held
may be filed at any time. The filing of the subject line does not contain any October 03–07, 2016 09:00 a.m.–04:30
a petition to revoke will not provision that prohibits MSR from p.m.
automatically stay the effectiveness of interchanging traffic with a third party
the exemption. Petitions to stay must be or limit MSR’s ability to interchange ADDRESSES: The meeting will be held at:
filed no later than September 16, 2016 with a third party. RTCA Headquarters, 1150 18th Street
(at least seven days before the The proposed transaction may be NW., Suite 910, Washington, DC 20036.
exemption becomes effective.) consummated on or after September 24, FOR FURTHER INFORMATION CONTACT:
An original and ten copies of all 2016, the effective date of the exemption Albert Secen at asecen@rtca.org or 202–
pleadings, referring to Docket No. FD (30 days after the verified notice of 330–0647, or The RTCA Secretariat,
35187 (Sub-No. 1), must be filed with exemption was filed). If the verified 1150 18th Street NW., Suite 910,
the Surface Transportation Board, 395 E notice contains false or misleading Washington, DC 20036, or by telephone
Street SW., Washington, DC 20423– information, the exemption is void ab at (202) 833–9339, fax at (202) 833–
0001. In addition, a copy of each initio. Petitions to revoke the exemption 9434, or Web site at http://www.rtca.org.
pleading must be served on applicant’s under 49 U.S.C. 10502(d) may be filed SUPPLEMENTARY INFORMATION: Pursuant
representative, Robert A. Wimbish, at any time. The filing of a petition to to section 10(a)(2) of the Federal
Fletcher & Sippell LLC, 29 North revoke will not automatically stay the Advisory Committee Act (Pub. L. 92–
Wacker Drive, Suite 290, Chicago, IL effectiveness of the exemption. Petitions 463, 5 U.S.C., App.), notice is hereby
60606. to stay must be filed by September 16, given for a meeting of the Eleventh
According to GDLK, this action is 2016 (at least seven days prior to the RTCA SC–228 Minimum Performance
categorically excluded from date the exemption becomes effective). Standards (MPS) for UAS Plenary
environmental review under 49 CFR An original and 10 copies of all Session The agenda will include the
1105.6(c). pleadings, referring to Docket No. FD following:
Board decisions and notices are 36060 must be filed with the Surface
available on our Web site at Transportation Board, 395 E Street SW., SC–228 Plenary #11 Agenda
WWW.STB.DOT.GOV. Washington, DC 20423–0001. In October 3, 2016
Decided: September 2, 2016. addition, a copy of each pleading must
be served on applicant’s representative, Working Group Breakout Sessions
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings. Karl Morell, Karl Morell & Associates, October 4, 2016
Tia Delano, 655 Fifteenth Street NW., Suite 225,
Working Group Breakout Sessions
Clearance Clerk. Washington, DC 20005.
According to MSR, this action is October 5, 2016
[FR Doc. 2016–21701 Filed 9–8–16; 8:45 am]
categorically excluded from Working Group Breakout Sessions
BILLING CODE 4915–01–P
environmental review under 49 CFR
1105.6(c). October 6, 2016
SURFACE TRANSPORTATION BOARD Board decisions and notices are Working Group Breakout Sessions
available on our Web site at
[Docket No. FD 36060] WWW.STB.DOT.GOV. October 7, 2016
Mississippi Southern Railroad, L.L.C.— Decided: September 2, 2016. Plenary Session
Lease and Operation Exemption—The By the Board, Joseph H. Dettmar, Acting 1. Welcome/Introductions/
Administrative Remarks/SC–228
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Kansas City Southern Railway Director, Office of Proceedings.
Company Marline Simeon, Participation Guidelines
Clearance Clerk. a. Reading of the Public
Mississippi Southern Railroad, L.L.C. [FR Doc. 2016–21773 Filed 9–8–16; 8:45 am]
Announcement by the DFO
(MSR), a Class III rail carrier, has filed b. Reading of the RTCA Proprietary
BILLING CODE 4915–01–P
a verified notice of exemption under 49 References Policy
CFR 1150.41 to continue to lease from 1 See Miss. S. R.R.—Lease & Operation 2. Agenda Overview
The Kanas City Southern Railway Exemption—Kan. City S. Ry., FD 34684 (STB served 3. Review/Approval of Minutes From
Company (KCS), and to operate, April 21, 2005). Plenary #10
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Document Created: 2018-02-09 13:15:24
Document Modified: 2018-02-09 13:15:24
| 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 62548 |
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