East Penn Railroad, L.L.C.; Lease and Operation Exemption; Norfolk Southern Railway Company, 42163-42164 [2011-17872]

Download as PDF Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0097] Pilot Program on the North American Free Trade Agreement (NAFTA) LongHaul Trucking Provisions; Correction Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; correction. AGENCY: The Federal Motor Carrier Safety Administration published a document in the Federal Register of July 8, 2011, concerning a response to comments in regards to an April 8, 2011 notice announcing a pilot program on the North American Free Trade Agreement (NAFTA) long-haul trucking provisions. The document contained an incorrect phone number. FOR FURTHER INFORMATION CONTACT: Marcelo Perez, (512) 916–5440, extension 228. SUMMARY: Correction In the Federal Register of July 8, 2011, in FR Doc. 2011–16886, on page 40420, in the third column, correct the FOR FURTHER INFORMATION CONTACT caption to read: Mr. Marcelo Perez, FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. Telephone (512) 916–5440, extension 228; e-mail marcelo.perez@dot.gov. FOR FURTHER INFORMATION CONTACT: Issued on: July 13, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–18033 Filed 7–15–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2011–0075] Pipeline Safety: Issuance of Draft Decision on Det Norske Veritas (USA), Inc.’s Petition for Approval of the Process Hazard Analysis Software Tool—Unified Dispersion Model Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: This notice advises owners and operators of liquefied natural gas facilities and other interested parties that the Administrator has issued a Draft SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 Decision on Det Norske Veritas (DNV) (USA), Inc.’s petition for approval of the Process Hazard Analysis Software Tool—Unified Dispersion Model (PHAST–UDM). The Draft Decision is available for public inspection at Docket No. PHMSA–2011–0075 at https:// www.regulations.gov. Any comments received by August 11, 2011, will be considered before a Final Decision is issued. Late comments will be considered to the extent practicable. DATES: Submit comments by August 11, 2011. ADDRESSES: Comments should reference Docket No. PHMSA–2011–0075 and may be submitted in the following ways: • E-Gov Web site: https:// www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: U.S. Department of Transportation, Docket Management Facility, M–30, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. • Hand Delivery: U.S. Department of Transportation, Docket Management Facility, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Identify the docket number PHMSA–2011–0075 at the beginning of your comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. You should know that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, you may want to review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or visit https://www.regulations.gov before submitting any such comments. Docket: For access to the docket or to read background documents or comments go to https:// www.regulations.gov at any time or to Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 42163 include a self-addressed, stamped postcard with the following statement: ‘‘Comments on PHMSA–2011–0075.’’ The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider an alternative method (Internet, fax, or professional delivery service) of submitting comments to the docket and ensuring their timely receipt at DOT. Note: Comments are posted without changes or edits to https:// www.regulations.gov, including any personal information provided. There is a privacy statement published on https:// www.regulations.gov. Any comments received by August 11, 2011, will be considered before a Final Decision is issued. Late comments will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Charles Helm by telephone at 405–954– 7219 or by e-mail at Charles.Helm@dot.gov. SUPPLEMENTARY INFORMATION: I. Background On October 25, 2010, DNV (USA), Inc., filed a petition for approval of the PHAST–UDM at 49 CFR 190.9 and 193.2059(a). Those regulations permit the Administrator to approve the use of alternative vapor gas dispersion models in siting liquefied natural gas facilities. On July 12, 2011, the Administrator issued a Draft Decision proposing to approve DNV’s petition. The Draft Decision is available for public inspection under PHMSA Docket No. 2011–0075 at https:// www.regulations.gov. Issued in Washington, DC, on July 12, 2011. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2011–18036 Filed 7–15–11; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35533] East Penn Railroad, L.L.C.; Lease and Operation Exemption; Norfolk Southern Railway Company Under 49 CFR 1011.7(a)(2)(x)(A), the Director of the Office of Proceedings (Director) is delegated the authority to determine whether to issue notices of exemption for lease transactions under 49 U.S.C. 10902. However, the Board reserves to itself the consideration and E:\FR\FM\18JYN1.SGM 18JYN1 srobinson on DSK4SPTVN1PROD with NOTICES 42164 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices disposition of all matters involving issues of general transportation importance. See 49 CFR 1011.2(a)(6). Accordingly, the Board is revoking the delegation to the Director with respect to the issuance of this notice of exemption. The Board has determined that this lease and operation notice of exemption should be issued, and does so here. East Penn Railroad, L.L.C. (ESPN), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway Company (NSR) and to operate approximately 5.2 miles of rail line in York, Penn.1 Pursuant to the lease agreement, ESPN will lease: (1) The York Industrial Track between milepost YR 7.50 and YR 12.31 (4.81 miles in length); and (2) the Wye Track between milepost YR 12.31 and milepost 12.70 (0.39 miles in length), which connects the York Industrial Track to NSR’s line.2 As required under 49 CFR 1150.43(h), ESPN has disclosed that the lease agreement between it and NSR contains an interchange commitment provision that enables ESPN to reduce its lease payments by receiving a credit for each car interchanged with NSR. ESPN states that NSR initially proposed a fixed rental payment with no option to reduce the rent, but ESPN requested a lease credit option to give it an opportunity to earn a lower rental payment, which would enable it to invest in improvements on the leased lines and thereby increase traffic levels. According to ESPN, the interchange point with NSR is York. ESPN certifies that the projected annual revenues resulting from the proposed transaction will not result in ESPN becoming a Class II or Class I rail carrier and will not exceed $5 million annually. The transaction is expected to be consummated on or after July 31, 2011, the effective date of the exemption (30 days after the verified notice of 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 no later than July 22, 2011 (at least 7 days before the exemption becomes effective). 1 ESPN’s has filed a lease agreement and an interchange agreement under seal pursuant to 49 CFR 1150.43(h)(1)(ii). 2 ESPN states that it will also be leasing from NSR certain real property located under the Wye Track and a service road extending from Windsor Street. VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 An original and 10 copies of all pleadings, referring to Docket No. FD 35533 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 Karl Morell, Ball Janik LLP, Suite 225, 655 Fifteenth Street, NW., Washington, DC 20005. Board decisions and notices are available at our Web site at ‘‘https:// 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(a)(2(x)(A), 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: July 12, 2011. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Commissioner Mulvey dissented with a separate expression. Commissioner Mulvey, dissenting: I disagree with the Board’s decision to allow this transaction to be processed under the class exemption procedures. I would like to have more information about the likely impact of the proposed interchange commitment before deciding whether to permit the transaction to go forward. In support of the interchange commitment provision, ESPN asserts only that it requested a ‘‘lease credit’’ option from NSR so that ESPN would better be able to invest in line improvements. This generic refrain, which has been used in a number of recent Board proceedings, sheds no light on whether a provision discouraging interchange with other carriers is inconsistent with the public interest in this case. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–17872 Filed 7–15–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF VETERANS AFFAIRS Announcement of Competition Under the America COMPETES Reauthorization Act of 2011 Department of Veterans Affairs. Notice. AGENCY: ACTION: To encourage widespread use of Blue Button personal health records (PHRs) outside Federal health care programs to benefit Veterans who receive care from non-VA providers, the Secretary of Veterans Affairs (VA) announces a prize competition under Section 105 of the America COMPETES Reauthorization Act of 2011, Public Law 111–358 (2011). SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Competition begins July 18, 2011, and ends when a winner is announced or on October 18, 2011, whichever occurs first, unless the term of the contest is extended as provided in this Notice. DATES: James M. Speros at the Office of the Secretary, Department of Veterans Affairs at (202) 461–7214. (Note: This is not a toll-free number.) FOR INFORMATION CONTACT: In collaboration with other Federal agencies and non-governmental entities the Department of Veterans Affairs (VA) developed and has implemented an online PHR functionality known as Blue ButtonSM. VA’s Blue ButtonSM PHR allows Veterans who are registered users of VA’s My HealtheVet internet portal to download extracts of their own medical information to their home computers. Blue ButtonSM; PHR downloads can be printed or saved on computers and portable storage devices. Veterans can then choose to share this data with other health care providers, caregivers, or people they trust. The Department of Defense has implemented a Blue ButtonSM PHR for beneficiaries of its Tricare program and patients in the Military Health System; the Centers for Medicare and Medicaid Services has implemented a Blue ButtonSM PHR that allows Medicare beneficiaries to download data about claims for Medicare-covered services. Other health benefit plans, health insurers and health service providers offer Blue ButtonSM PHRs to their patients and customers. Blue ButtonSM PHRs provide a simple, convenient, and secure means for storing personal health data in an internet-based service (including the download and upload of this information). Blue ButtonSM PHRs are currently used by more than 350,000 people—including 300,000 Veterans who receive care through the VA health system. VA believes Blue ButtonSM PHRs have now been sufficiently tested and proven useful to be made available for use throughout the United States by Veterans who receive their care from non-VA facilities and providers and by the public generally. Blue ButtonSM PHRs keep the kind of information that patients need when they ‘‘fill in the clipboard’’ when visiting a physician or other licensed health care provider. Blue ButtonSM PHRs may also include clinical information from a sponsoring physician’s clinical electronic health records. Some PHRs are compilations of data that patients receive from multiple SUPPLEMENTARY INFORMATION: E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42163-42164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17872]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35533]


East Penn Railroad, L.L.C.; Lease and Operation Exemption; 
Norfolk Southern Railway Company

    Under 49 CFR 1011.7(a)(2)(x)(A), the Director of the Office of 
Proceedings (Director) is delegated the authority to determine whether 
to issue notices of exemption for lease transactions under 49 U.S.C. 
10902. However, the Board reserves to itself the consideration and

[[Page 42164]]

disposition of all matters involving issues of general transportation 
importance. See 49 CFR 1011.2(a)(6). Accordingly, the Board is revoking 
the delegation to the Director with respect to the issuance of this 
notice of exemption. The Board has determined that this lease and 
operation notice of exemption should be issued, and does so here.
    East Penn Railroad, L.L.C. (ESPN), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Norfolk Southern Railway Company (NSR) and to operate approximately 5.2 
miles of rail line in York, Penn.\1\ Pursuant to the lease agreement, 
ESPN will lease: (1) The York Industrial Track between milepost YR 7.50 
and YR 12.31 (4.81 miles in length); and (2) the Wye Track between 
milepost YR 12.31 and milepost 12.70 (0.39 miles in length), which 
connects the York Industrial Track to NSR's line.\2\
---------------------------------------------------------------------------

    \1\ ESPN's has filed a lease agreement and an interchange 
agreement under seal pursuant to 49 CFR 1150.43(h)(1)(ii).
    \2\ ESPN states that it will also be leasing from NSR certain 
real property located under the Wye Track and a service road 
extending from Windsor Street.
---------------------------------------------------------------------------

    As required under 49 CFR 1150.43(h), ESPN has disclosed that the 
lease agreement between it and NSR contains an interchange commitment 
provision that enables ESPN to reduce its lease payments by receiving a 
credit for each car interchanged with NSR. ESPN states that NSR 
initially proposed a fixed rental payment with no option to reduce the 
rent, but ESPN requested a lease credit option to give it an 
opportunity to earn a lower rental payment, which would enable it to 
invest in improvements on the leased lines and thereby increase traffic 
levels. According to ESPN, the interchange point with NSR is York.
    ESPN certifies that the projected annual revenues resulting from 
the proposed transaction will not result in ESPN becoming a Class II or 
Class I rail carrier and will not exceed $5 million annually.
    The transaction is expected to be consummated on or after July 31, 
2011, the effective date of the exemption (30 days after the verified 
notice of 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 no later than July 22, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35533 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 Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street, NW., Washington, DC 20005.
    Board decisions and notices are available at our Web site at 
``https://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(a)(2(x)(A), 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: July 12, 2011.
    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey. Commissioner Mulvey dissented with a separate 
expression.

    Commissioner Mulvey, dissenting:
    I disagree with the Board's decision to allow this transaction 
to be processed under the class exemption procedures. I would like 
to have more information about the likely impact of the proposed 
interchange commitment before deciding whether to permit the 
transaction to go forward. In support of the interchange commitment 
provision, ESPN asserts only that it requested a ``lease credit'' 
option from NSR so that ESPN would better be able to invest in line 
improvements. This generic refrain, which has been used in a number 
of recent Board proceedings, sheds no light on whether a provision 
discouraging interchange with other carriers is inconsistent with 
the public interest in this case.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-17872 Filed 7-15-11; 8:45 am]
BILLING CODE 4915-01-P

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