Jackson & Lansing Railroad Company-Lease and Operation Exemption-Norfolk Southern Railway Company, 61817-61818 [2010-25159]

Download as PDF Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Aquilla Carter, (202) 493–2906, Office of the Chief Financial Officer, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Voucher for Federal-aid Reimbursements. OMB Control Number: 2125–0507 Background: The Federal-aid Highway Program provides for the reimbursement to States for expenditure of State funds for eligible Federal-aid highway projects. The Voucher for Work Performed under Provisions of the Federal Aid and Federal Highway Acts as amended is utilized by the States to provide project financial data regarding the expenditure of State funds and to request progress payments from the FHWA. Title 23 U.S.C. 121(b) requires the submission of vouchers. The specific information required on the voucher is contained in 23 U.S.C. 121 and 117. Two types of submissions are required by recipients. One is a progress voucher where the recipient enters the amounts claimed for each FHWA appropriation, and the other is a final voucher where project costs are classified by work type. An electronic version of the Voucher for Work Performed under Provisions of the Federal Aid Highway Acts, as amended, Form PR–20, is used by all recipients to request progress and final payments. Respondents: 50 State Transportation Departments, the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands. Frequency: Annually. Estimated Average Burden per Response: The respondents electronically submit an estimated total of 12,900 vouchers each year. Each voucher requires an estimated average of 30 minutes to complete. Estimated Total Annual Burden Hours: 6,450 hours. mstockstill on DSKH9S0YB1PROD with NOTICES Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued On: October 1, 2010. Judith Kane, Acting Chief, Management Programs and Analysis Division. [FR Doc. 2010–25184 Filed 10–5–10; 8:45 am] BILLING CODE 4910–22–P VerDate Mar<15>2010 19:00 Oct 05, 2010 Jkt 223001 Surface Transportation Board [Docket No. FD 35410] Adrian & Blissfield Rail Road Company—Continuance in Control Exemption—Jackson & Lansing Railroad Company Adrian & Blissfield Rail Road Company (ADBF), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Jackson & Lansing Railroad Company (JAIL), upon JAIL’s becoming a Class III rail carrier.1 This transaction is related to 2 other transactions for which notices of exemption have been simultaneously filed: Docket No. FD 35411, Jackson & Lansing Railroad Company—Lease and Operation Exemption—Norfolk Southern Railway Company, in which JAIL seeks an exemption under 49 CFR 1150.31 to lease from Norfolk Southern Railway Company (NSR), and to operate, approximately 44.5 miles of rail lines,2 known as the Lansing Secondary, the Lansing Manufacturers Railroad, and segments of the Lansing Industrial Track; and Docket No. FD 35418, Jackson & Lansing Railroad Company— Trackage Rights Exemption—Norfolk Southern Railway Company, in which JAIL seeks to acquire, pursuant to an agreement with NSR, non-exclusive local and overhead trackage rights over approximately 1.06 miles of the line owned by NSR and currently leased to CSX Transportation, Inc., on the Lansing Secondary, between milepost LZ 36.8 3 in Lansing, Mich., and milepost 37.86 in North Lansing, Mich., for the sole purpose of interchanging with NSR. This transaction may not be consummated until October 20, 2010, the effective date of the exemption (30 days after exemption was filed). ADBF states that: (1) The rail lines to be operated by JAIL do not connect with the lines of ADBF or any other single railroad controlled by ADBF’s corporate 1 JAIL is a noncarrier entity, wholly owned and controlled by ADBF. In addition, ADBF currently controls through stock ownership 3 Class III carriers: The Charlotte Southern Railroad Company; the Detroit Connecting Railroad Company; and the Lapeer Industrial Railroad Company, all within the State of Michigan. 2 In addition, JAIL will acquire from NSR incidental trackage rights over 2.96 miles of track on NSR’s Michigan Main Line in Jackson, Mich., for the sole purpose of interchanging with NSR. 3 JAIL states that, despite the apparent overlap, the boundary of the assigned trackage rights is distinct from the boundary of the Lansing Secondary. The apparent overlap is the result of an historical rounding error in NSR’s engineering maps. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 61817 family; (2) the transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III carriers. 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 for stay must be filed no later than October 13, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35410, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, 1 copy of each pleading must be served on John D. Heffner, PLLC, and James H. M. Savage, Of Counsel, 1750 K Street, NW., Washington, DC 20006. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: October 1, 2010. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–25105 Filed 10–5–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35411] Jackson & Lansing Railroad Company—Lease and Operation Exemption—Norfolk Southern Railway Company Under 49 CFR 1011.7(b)(10), the Director of the Office of Proceedings (Director) is delegated the authority to determine whether to issue notices of exemption for lease transactions under E:\FR\FM\06OCN1.SGM 06OCN1 mstockstill on DSKH9S0YB1PROD with NOTICES 61818 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices 49 U.S.C. 10902. However, the Board reserves to itself the consideration and disposition of all matters involving issues of general transportation importance. 49 CFR 1011.2(a)(6). Accordingly, the Board revokes the delegation to the Director with respect to the issuance of this notice of exemption. The Board determines that this notice of lease and operation exemption should be issued, and does so here. Jackson & Lansing Railroad Company (JAIL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31, et seq., to lease and operate certain rail lines from Norfolk Southern Railway Company (NSR). Pursuant to the lease agreement, JAIL will lease the following rail lines from NSR: (1) The Lansing Secondary, located between the connection with NSR’s Michigan Main Line at milepost LZ 0.0 in Jackson, Mich., and milepost LZ 36.9 in Lansing, Mich. (36.9 miles in length); (2) the Lansing Manufacturers Railroad, located between milepost XF 0.0 and milepost XF 5.1 in Lansing (5.1 miles in length); (3) the Lansing Industrial Track line segment located between milepost XM 57.1 and milepost XM 58.9 in Lansing (1.8 miles in length); and (4) the Lansing Industrial Track line segment between milepost UA 60.7 and milepost UA 61.4 in Lansing (approximately 0.7 miles in length).1 The total length of the lines to be leased is 44.5 miles. In conjunction with the lease of these lines, NSR will also grant to JAIL limited incidental trackage rights over 2.6 miles of NSR’s Michigan Main Line, between milepost NS 72.73 and milepost NS 75.67 (equal to milepost LZ 0.0) in Jackson, for the sole purpose of interchanging with NSR at NSR’s Jackson Yard. The lease agreement will expire on December 31, 2030. As required at 49 CFR 1150.33(h), JAIL has disclosed that the lease agreement contains a provision that would provide for a ‘‘Lease Credit’’ whereby JAIL may reduce its lease payments by receiving a credit for each car interchanged with NSR. JAIL notes that NSR initially proposed a fixed rental payment with no option to reduce the rent, but JAIL insisted on a lease credit option to provide an opportunity for JAIL to earn a lower rental payment so it would be able to invest in improvements on the lease lines to increase traffic levels. According to JAIL, the affected interchange point is Jackson. This transaction is related to 2 other transactions for which notices of 1 JAIL’s lease and operation agreement was filed under seal pursuant to 49 CFR 1150.43(h)(1)(ii). VerDate Mar<15>2010 19:00 Oct 05, 2010 Jkt 223001 exemption have been simultaneously filed: Docket No. FD 35410, Adrian & Blissfield Rail Road Company— Continuance in Control Exemption— Jackson & Lansing Railroad Company, in which Adrian & Blissfield Rail Road Company seeks to continue in control of JAIL, upon JAIL’s becoming a Class III rail carrier; and Docket No. FD 35418, Jackson & Lansing Railroad Company— Trackage Rights Exemption—Norfolk Southern Railway Company, in which JAIL seeks to acquire, pursuant to an agreement with NSR, non-exclusive local and overhead trackage rights over approximately 1.06 miles of line owned by NSR and currently leased to CSX Transportation, Inc., on the Lansing Secondary, between milepost LZ 36.8 2 in Lansing and milepost 37.86 in North Lansing, Mich., for the sole purpose of interchanging with NSR. JAIL certifies that the projected annual revenues as a result of the proposed transaction will not exceed $5 million, and that JAIL will be a Class III carrier. The transaction may not be consummated until October 20, 2010, the effective date of the exemption (30 days after the exemption was filed). 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 for stay must be filed not later than October 13, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35411, 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 John D. Heffner, PLLC, and James H. M. Savage, Of Counsel, 1750 K Street, NW., Washington, DC 20006. Board decisions and notices are available at our Web site at http:// www.stb.dot.gov. It is ordered: 1. The delegation of authority to the Director of the Office of Proceedings, under 49 CFR 1011.7(b)(10), to determine whether to issue a notice of exemption in this proceeding is revoked. 2. This decision is effective on the date of service. 2 JAIL states that, despite the apparent overlap, the boundary of the assigned trackage rights is distinct from the boundary of the Lansing Secondary. The apparent overlap is the result of an historical rounding error in NSR’s engineering maps. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 Decided: October 1, 2010. Jeffrey Herzig, Clearance Clerk. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Nottingham. Vice Chairman Mulvey dissented with a separate expression. Vice Chairman Mulvey, dissenting: I disagree with the Board’s decision to allow this transaction to be processed under the Board’s class exemption procedures. In this case, I would like to have more information about the likely impact of the proposed interchange commitment prior to permitting the exemption to become effective. I believe that it is incumbent for the Board to take a close look at interchange commitments, particularly when they contain outright bans on interchange with third-party carriers or, as here, economic incentives that can only be evaluated with the provision of additional information. [FR Doc. 2010–25159 Filed 10–5–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Eighty-Third Meeting: RTCA Special Committee 159: Global Positioning System (GPS). Federal Aviation Administration (FAA), DOT. AGENCY: Notice of RTCA Special Committee 159 meeting: Global Positioning System (GPS). ACTION: The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 159: Global Positioning System (GPS). SUMMARY: The meeting will be held October 25–29, from 9 a.m. to 4:30 p.m. (unless stated otherwise). DATES: The meeting will be held at RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036. ADDRESSES: FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC 20036; telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is hereby given for a Special Committee 159: Global Positioning System (GPS) meeting. The agenda will include: SUPPLEMENTARY INFORMATION: E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61817-61818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25159]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35411]


Jackson & Lansing Railroad Company--Lease and Operation 
Exemption--Norfolk Southern Railway Company

    Under 49 CFR 1011.7(b)(10), the Director of the Office of 
Proceedings (Director) is delegated the authority to determine whether 
to issue notices of exemption for lease transactions under

[[Page 61818]]

49 U.S.C. 10902. However, the Board reserves to itself the 
consideration and disposition of all matters involving issues of 
general transportation importance. 49 CFR 1011.2(a)(6). Accordingly, 
the Board revokes the delegation to the Director with respect to the 
issuance of this notice of exemption. The Board determines that this 
notice of lease and operation exemption should be issued, and does so 
here.
    Jackson & Lansing Railroad Company (JAIL), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31, et seq., to lease 
and operate certain rail lines from Norfolk Southern Railway Company 
(NSR). Pursuant to the lease agreement, JAIL will lease the following 
rail lines from NSR: (1) The Lansing Secondary, located between the 
connection with NSR's Michigan Main Line at milepost LZ 0.0 in Jackson, 
Mich., and milepost LZ 36.9 in Lansing, Mich. (36.9 miles in length); 
(2) the Lansing Manufacturers Railroad, located between milepost XF 0.0 
and milepost XF 5.1 in Lansing (5.1 miles in length); (3) the Lansing 
Industrial Track line segment located between milepost XM 57.1 and 
milepost XM 58.9 in Lansing (1.8 miles in length); and (4) the Lansing 
Industrial Track line segment between milepost UA 60.7 and milepost UA 
61.4 in Lansing (approximately 0.7 miles in length).\1\ The total 
length of the lines to be leased is 44.5 miles. In conjunction with the 
lease of these lines, NSR will also grant to JAIL limited incidental 
trackage rights over 2.6 miles of NSR's Michigan Main Line, between 
milepost NS 72.73 and milepost NS 75.67 (equal to milepost LZ 0.0) in 
Jackson, for the sole purpose of interchanging with NSR at NSR's 
Jackson Yard. The lease agreement will expire on December 31, 2030.
---------------------------------------------------------------------------

    \1\ JAIL's lease and operation agreement was filed under seal 
pursuant to 49 CFR 1150.43(h)(1)(ii).
---------------------------------------------------------------------------

    As required at 49 CFR 1150.33(h), JAIL has disclosed that the lease 
agreement contains a provision that would provide for a ``Lease 
Credit'' whereby JAIL may reduce its lease payments by receiving a 
credit for each car interchanged with NSR. JAIL notes that NSR 
initially proposed a fixed rental payment with no option to reduce the 
rent, but JAIL insisted on a lease credit option to provide an 
opportunity for JAIL to earn a lower rental payment so it would be able 
to invest in improvements on the lease lines to increase traffic 
levels. According to JAIL, the affected interchange point is Jackson.
    This transaction is related to 2 other transactions for which 
notices of exemption have been simultaneously filed: Docket No. FD 
35410, Adrian & Blissfield Rail Road Company--Continuance in Control 
Exemption--Jackson & Lansing Railroad Company, in which Adrian & 
Blissfield Rail Road Company seeks to continue in control of JAIL, upon 
JAIL's becoming a Class III rail carrier; and Docket No. FD 35418, 
Jackson & Lansing Railroad Company--Trackage Rights Exemption--Norfolk 
Southern Railway Company, in which JAIL seeks to acquire, pursuant to 
an agreement with NSR, non-exclusive local and overhead trackage rights 
over approximately 1.06 miles of line owned by NSR and currently leased 
to CSX Transportation, Inc., on the Lansing Secondary, between milepost 
LZ 36.8 \2\ in Lansing and milepost 37.86 in North Lansing, Mich., for 
the sole purpose of interchanging with NSR.
---------------------------------------------------------------------------

    \2\ JAIL states that, despite the apparent overlap, the boundary 
of the assigned trackage rights is distinct from the boundary of the 
Lansing Secondary. The apparent overlap is the result of an 
historical rounding error in NSR's engineering maps.
---------------------------------------------------------------------------

    JAIL certifies that the projected annual revenues as a result of 
the proposed transaction will not exceed $5 million, and that JAIL will 
be a Class III carrier.
    The transaction may not be consummated until October 20, 2010, the 
effective date of the exemption (30 days after the exemption was 
filed).
    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 for stay must be filed not later than October 13, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35411, 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 John D. Heffner, PLLC, and James H. M. 
Savage, Of Counsel, 1750 K Street, NW., Washington, DC 20006.
    Board decisions and notices are available at our Web site at http://www.stb.dot.gov.
    It is ordered:
    1. The delegation of authority to the Director of the Office of 
Proceedings, under 49 CFR 1011.7(b)(10), to determine whether to issue 
a notice of exemption in this proceeding is revoked.
    2. This decision is effective on the date of service.

    Decided: October 1, 2010.
Jeffrey Herzig,
Clearance Clerk.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Nottingham. Vice Chairman Mulvey dissented with a separate 
expression.
    Vice Chairman Mulvey, dissenting:
    I disagree with the Board's decision to allow this transaction to 
be processed under the Board's class exemption procedures. In this 
case, I would like to have more information about the likely impact of 
the proposed interchange commitment prior to permitting the exemption 
to become effective. I believe that it is incumbent for the Board to 
take a close look at interchange commitments, particularly when they 
contain outright bans on interchange with third-party carriers or, as 
here, economic incentives that can only be evaluated with the provision 
of additional information.

[FR Doc. 2010-25159 Filed 10-5-10; 8:45 am]
BILLING CODE 4915-01-P