CSX Transportation, Inc.-Joint Use-Louisville & Indiana Railroad Company, Inc., 64883-64884 [2014-25924]
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
basis for the request appears to be to
allow the petitioner to avoid having 31—
DEPARTMENT OF TRANSPORTATION
to test pole-exempted models for new MDB
compliance—and possibly have to reengineer
to achieve satisfactory results. Then, before
the pole test exemption ended, Aston Martin
would have to retest and reengineer these
pole-exempted models for A SECOND TIME,
in order to achieve both new MDB and Pole
test compliance. NHTSA clearly sought to
allow lead time to avoid this double burden.
[Emphasis in text.]
Surface Transportation Board
The agency is denying Aston Martin’s
request to be exempted from the MDB
requirement. We conclude that an
exemption is not necessary on the basis
of the information before it. Aston
Martin submitted FMVSS No. 214 MDB
test data 32 of a DB9 Volante convertible,
Vantage coupe, and Vantage Roadster
convertible tested with the mid-size
adult male side impact dummy (SID)
that FMVSS No. 214 had specified for
use in the MDB test prior to the ES–2re.
The data show that the vehicles appear
to have passed the performance
thresholds of FMVSS No. 214’s MDB
test by a wide margin with the SID.
In the final rule adopting the new
MDB requirements into FMVSS No. 214
(requirements which use the ES–2re),
NHTSA set forth findings indicating
that manufacturers would likely not
need to modify vehicles to meet the new
MBD requirements when using the
ES–2re in place of the SID.33 Moreover,
data indicate that vehicles that pass the
MDB requirement using the SID will
likely pass the MDB test using the ES–
2re. The DB9 and Vantage models have
easily passed the MDB test using the
SID. Thus, we believe that data indicate
the DB9 and Vantage models will pass
the MDB test with the ES–2re and do
not need a temporary exemption from
the new MDB requirement. Accordingly,
NHTSA is denying petitioner’s request
for an exemption from the new MDB
requirement due to an absence of
information showing such an exemption
is needed.
Authority: 49 U.S.C. 30113; delegation of
authority at 49 CFR 1.95.
Dated: October 22, 2014.
David J. Friedman,
Deputy Administrator.
[FR Doc. 2014–25892 Filed 10–30–14; 8:45 am]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
BILLING CODE 4910–59–P
31 See Aston Martin petition for temporary
exemption, p. 5.
32 Accorded confidential treatment by NHTSA.
33 NHTSA believed that vehicle modifications
would likely result from adding the SID–IIs 5th
percentile adult female dummy to the rear seat of
the MDB test. See 72 FR at 51947. The SID–IIs is
not used in tests of Aston Martin vehicles because
the vehicles do not have a rear seat or one large
enough to accommodate the SID–IIs.
VerDate Sep<11>2014
19:47 Oct 30, 2014
Jkt 235001
[Docket No. FD 35866]
Massachusetts Department of
Transportation—Acquisition
Exemption—Certain Assets of
Housatonic Railroad Company, Inc.
The Massachusetts Department of
Transportation (MassDOT), a noncarrier,
has filed a verified notice of exemption
under 49 CFR 1150.31 to acquire from
Housatonic Railroad Company, Inc.
(HRRC) and Maybrook Railroad
Company (MRC) 1 certain railroad assets
comprising a section of the ‘‘Berkshire
Line,’’ extending from approximately
milepost 50.0 at the MassachusettsConnecticut border at Sheffield, Mass.,
to a connection with CSX
Transportation, Inc., at approximately
milepost 86.3 at Pittsfield, Mass., a
distance of approximately 36.3 miles
(the Line).
According to MassDOT, the
acquisition of the Line is intended to
facilitate the Commonwealth’s longterm plans to restore regional passenger
train service linking the Berkshire
region of western Massachusetts with
the New York City metropolitan area
and the Northeast Corridor megalopolis.
MassDOT states that the acquisition of
the Line is one step in what MassDOT
anticipates will be an involved, multistep process that ultimately will lead to
the establishment of a new railroad
passenger service route in the Northeast.
MassDOT states that, pursuant to a draft
Purchase and Sale Contract, MassDOT
has secured the right to purchase MRC’s
and HRRC’s respective rights, title, and
interest in the right-of-way, trackage,
and other physical assets (such as
signboard and fiber optics unrelated to
the provision of common carrier freight
service) associated with the Line,
subject to HRRC’s retained exclusive,
irrevocable, perpetual, assignable,
divisible, licensable, and transferable
freight railroad operating easement.
MassDOT also states that it will not
acquire the right, nor will it have the
ability, to provide rail common carrier
service over the Line.2 According to
MassDOT, the agreements governing the
subject asset sale and post-transaction
railroad operations preclude MassDOT
1 MassDOT
states that MRC is not a rail carrier for
purposes of the present transaction and, therefore,
is not listed in the proceeding caption.
2 A motion to dismiss the notice of exemption on
grounds that the transaction does not require
authorization from the Board was concurrently filed
with this notice of exemption. The motion to
dismiss will be addressed in a subsequent Board
decision.
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
64883
from interfering materially with the
provision of railroad common carrier
service over the Line. MassDOT,
however, will be entitled in the future
to initiate (itself, or through a
designated third party) intercity
passenger service and regional
commuter rail service over the Line.
MassDOT states that the proposed
transaction does not involve any
provision or agreement that would limit
future interchange with a third-party
connecting carrier.
MassDOT certifies that, because it
will conduct no freight operations on
the line segment being acquired, its
revenues from freight operations will
not result in the creation of a Class I or
Class II carrier.
MassDOT also states that the parties
expect to consummate the transaction
on or about December 15, 2014, which
is after the effective date of November
15, 2014.
If the verified 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 November 7, 2014 (at
least seven days before the exemption
becomes effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
35866, 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 Robert A. Wimbish,
Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 920, Chicago, IL 60606–
2832.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
Decided: October 28, 2014.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014–25938 Filed 10–30–14; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. FD 35523]
CSX Transportation, Inc.—Joint Use—
Louisville & Indiana Railroad
Company, Inc.
AGENCY:
Surface Transportation Board,
DOT.
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64884
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
Issuance of Supplemental
Environmental Assessment; request for
comments.
ACTION:
On July 2, 2013, Applicants,
CSX Transportation, Inc. (CSXT) and
Louisville & Indiana Railroad Company,
Inc. (L&I), filed an application with the
Surface Transportation Board (Board)
pursuant to 49 United States Code
(U.S.C.) 11323 and 49 Code of Federal
Regulations (CFR) part 1180. Applicants
seek Board authority for CSXT to
acquire from and jointly use with the
L&I a perpetual, non-exclusive railroad
operating easement over L&I’s rail line.
The subject L&I rail line extends from a
connection with CSXT in Indianapolis,
Indiana at milepost (MP) 4.0, to a
connection with CSXT in Louisville,
Kentucky at MP 110.5 (L&I Line). The
joint use and easement acquisition are
referred to as the Proposed Transaction.
Both CSXT and L&I would continue to
use the L&I Line. CSXT would pay L&I
$10 million dollars for the operating
easement and would spend between $70
and $90 million to improve the rail line
to allow CSXT to move longer, faster,
and heavier trains.
Currently, the L&I Line carries two to
seven trains per day on the various
sections of the line. Under the Proposed
Transaction, CSXT would reroute some
of its trains from current CSXT routes in
the Indiana-Ohio-Kentucky region to a
new route that includes the L&I Line in
Indiana. The rerouting of these CSXT
trains would add 13 to 15 trains per day
over the various sections of the L&I
Line.
In August 2013, the Board’s Office of
Environmental Analysis (OEA) issued a
Draft Environmental Assessment (EA)
that focused on the potential impacts of
the proposed operational changes on the
L&I Line, and also considered potential
construction impacts associated with
the extension of several rail line sidings
and replacement of the Flatrock River
Bridge, all on the L&I Line. During the
public review and comment period on
the Draft EA, OEA received comments
that raised environmental issues that it
had not addressed in the document. As
a result, OEA decided to prepare a
Supplemental EA focusing on the new
environmental issues.
Today, OEA has issued the
Supplemental EA, which is available on
the Board’s Web site, www.stb.dot.gov,
by clicking ‘‘Decisions’’ under ‘‘Quick
Links,’’ and locating the document
under the service date of 10/31/2014.
The Supplemental EA analyzes the
potential operational impacts of CSXT
moving additional trains on the
following three CSXT rail lines:
Indianapolis Terminal Subdivision—
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SUMMARY:
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18:51 Oct 30, 2014
Jkt 235001
Louisville Secondary Branch,
Indianapolis Line Subdivision, and
Louisville Connection. The
Supplemental EA also quantifies
potential impacts to wetlands,
floodplains, and forested areas that
could result from extending rail line
sidings and replacing the Flatrock River
Bridge on the L&I Line, and includes a
review of potential changes in wildlife
strikes that could occur under the
Proposed Transaction.
Additionally, the Indiana State
Historic Preservation Office (SHPO) and
OEA concur that (1) replacement of the
Flatrock River Bridge would constitute
an adverse effect on a historic property
considered eligible for inclusion on the
National Register of Historic Places; (2)
avoidance of the adverse effect is not
feasible if the L&I Line is to safely
accommodate the modern rail traffic
under the Proposed Transaction; (3)
there appears to be no feasible
alternative to bridge replacement and
that documentation prior to removal
would be an appropriate mitigation
measure; (4) documentation completed
by Applicants meets SHPO’s standards;
and (5) a Memorandum of Agreement
(MOA) would memorialize the
mitigation measures (i.e.,
documentation) and resolve adverse
effects of the undertaking. OEA
prepared a draft MOA that SHPO
indicates it would sign as currently
drafted. The draft MOA is located in
Appendix I of the Supplemental EA and
interested parties are invited to
comment.
DATES: Interested parties are invited to
submit written comments on the
Supplemental EA by December 1, 2014
to assure full consideration. If you
submitted comments on the Draft EA,
you do not need to resubmit those
comments. OEA will consider and
respond to comments received on both
the Draft EA and on today’s
Supplemental EA in the Final EA. The
Board will issue a final decision on the
proposed transaction after issuance of
the Final EA.
Filing Environmental Comments:
Comments submitted by mail should be
addressed to: Dave Navecky, Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001, Attention:
Environmental Filing, Docket No. FD
35523. Comments may also be
submitted electronically on the Board’s
Web site, www.stb.dot.gov, by clicking
on the ‘‘E-FILING’’ link on the home
page and then selecting ‘‘Environmental
Comments.’’ Please refer to Docket No.
FD 35523 in all correspondence,
including e-filings, addressed to the
Board.
PO 00000
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Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Dave Navecky at the address above or by
phone at 202–245–0294. Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
By the Board, Victoria Rutson, Director,
Office of Environmental Analysis.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014–25924 Filed 10–30–14; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35864]
Escanaba & Lake Superior Railway
Company—Lease and Operation
Exemption—Rail Line of Wisconsin
Central Ltd. in Menominee County,
Mich., and Marinette County, Wis.
Escanaba & Lake Superior Railway
Company (E&LS), a Class III rail carrier,
has filed a verified notice of exemption
under 49 CFR 1150.41 to lease from
Wisconsin Central Ltd., and to operate,
pursuant to a non-exclusive lease
agreement executed on September 30,
2014, approximately 2.8 miles of rail
line that consists of the following
segments: Track #129 at Menominee, in
Menominee County, Mich., Track #270
at Marinette, Wis., and approximately
3,000 lineal feet of Track #115 at
Marinette, in Marinette County, Wis.
E&LS states that there are no mileposts
on the subject line segments.
According to E&LS, the lease
agreement between the parties will
facilitate providing switching services to
shippers on the line segments. E&LS
states that the lease does not contain
any provision or agreement that may
limit future interchange of traffic with a
third-party connecting carrier.
E&LS states that it expects to
consummate the transaction on
November 10, 2014. The earliest this
transaction can be consummated is
November 15, 2014, the effective date of
this exemption (30 days after the
verified notice of exemption was filed).
E&LS certifies that its projected
annual revenues as a result of this
transaction will not result in E&LS
becoming a Class I or Class II rail carrier
and will not exceed $5 million.
If the verified 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
E:\FR\FM\31OCN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64883-64884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25924]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. FD 35523]
CSX Transportation, Inc.--Joint Use--Louisville & Indiana
Railroad Company, Inc.
AGENCY: Surface Transportation Board, DOT.
[[Page 64884]]
ACTION: Issuance of Supplemental Environmental Assessment; request for
comments.
-----------------------------------------------------------------------
SUMMARY: On July 2, 2013, Applicants, CSX Transportation, Inc. (CSXT)
and Louisville & Indiana Railroad Company, Inc. (L&I), filed an
application with the Surface Transportation Board (Board) pursuant to
49 United States Code (U.S.C.) 11323 and 49 Code of Federal Regulations
(CFR) part 1180. Applicants seek Board authority for CSXT to acquire
from and jointly use with the L&I a perpetual, non-exclusive railroad
operating easement over L&I's rail line. The subject L&I rail line
extends from a connection with CSXT in Indianapolis, Indiana at
milepost (MP) 4.0, to a connection with CSXT in Louisville, Kentucky at
MP 110.5 (L&I Line). The joint use and easement acquisition are
referred to as the Proposed Transaction. Both CSXT and L&I would
continue to use the L&I Line. CSXT would pay L&I $10 million dollars
for the operating easement and would spend between $70 and $90 million
to improve the rail line to allow CSXT to move longer, faster, and
heavier trains.
Currently, the L&I Line carries two to seven trains per day on the
various sections of the line. Under the Proposed Transaction, CSXT
would reroute some of its trains from current CSXT routes in the
Indiana-Ohio-Kentucky region to a new route that includes the L&I Line
in Indiana. The rerouting of these CSXT trains would add 13 to 15
trains per day over the various sections of the L&I Line.
In August 2013, the Board's Office of Environmental Analysis (OEA)
issued a Draft Environmental Assessment (EA) that focused on the
potential impacts of the proposed operational changes on the L&I Line,
and also considered potential construction impacts associated with the
extension of several rail line sidings and replacement of the Flatrock
River Bridge, all on the L&I Line. During the public review and comment
period on the Draft EA, OEA received comments that raised environmental
issues that it had not addressed in the document. As a result, OEA
decided to prepare a Supplemental EA focusing on the new environmental
issues.
Today, OEA has issued the Supplemental EA, which is available on
the Board's Web site, www.stb.dot.gov, by clicking ``Decisions'' under
``Quick Links,'' and locating the document under the service date of
10/31/2014. The Supplemental EA analyzes the potential operational
impacts of CSXT moving additional trains on the following three CSXT
rail lines: Indianapolis Terminal Subdivision--Louisville Secondary
Branch, Indianapolis Line Subdivision, and Louisville Connection. The
Supplemental EA also quantifies potential impacts to wetlands,
floodplains, and forested areas that could result from extending rail
line sidings and replacing the Flatrock River Bridge on the L&I Line,
and includes a review of potential changes in wildlife strikes that
could occur under the Proposed Transaction.
Additionally, the Indiana State Historic Preservation Office (SHPO)
and OEA concur that (1) replacement of the Flatrock River Bridge would
constitute an adverse effect on a historic property considered eligible
for inclusion on the National Register of Historic Places; (2)
avoidance of the adverse effect is not feasible if the L&I Line is to
safely accommodate the modern rail traffic under the Proposed
Transaction; (3) there appears to be no feasible alternative to bridge
replacement and that documentation prior to removal would be an
appropriate mitigation measure; (4) documentation completed by
Applicants meets SHPO's standards; and (5) a Memorandum of Agreement
(MOA) would memorialize the mitigation measures (i.e., documentation)
and resolve adverse effects of the undertaking. OEA prepared a draft
MOA that SHPO indicates it would sign as currently drafted. The draft
MOA is located in Appendix I of the Supplemental EA and interested
parties are invited to comment.
DATES: Interested parties are invited to submit written comments on the
Supplemental EA by December 1, 2014 to assure full consideration. If
you submitted comments on the Draft EA, you do not need to resubmit
those comments. OEA will consider and respond to comments received on
both the Draft EA and on today's Supplemental EA in the Final EA. The
Board will issue a final decision on the proposed transaction after
issuance of the Final EA.
Filing Environmental Comments: Comments submitted by mail should be
addressed to: Dave Navecky, Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001, Attention: Environmental Filing, Docket
No. FD 35523. Comments may also be submitted electronically on the
Board's Web site, www.stb.dot.gov, by clicking on the ``E-FILING'' link
on the home page and then selecting ``Environmental Comments.'' Please
refer to Docket No. FD 35523 in all correspondence, including e-
filings, addressed to the Board.
FOR FURTHER INFORMATION CONTACT: Dave Navecky at the address above or
by phone at 202-245-0294. Assistance for the hearing impaired is
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.
By the Board, Victoria Rutson, Director, Office of Environmental
Analysis.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-25924 Filed 10-30-14; 8:45 am]
BILLING CODE 4915-01-P
