Union Pacific Railroad Company-Acquisition and Operation Exemption-San Pedro Railroad Operating Company, LLC, 55268-55269 [2012-22005]

Download as PDF 55268 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices Notice of Petition Published at: 77 FR 24264 (April 23, 2012). Vehicle Eligibility Number: VSP–538 (effective date August 8, 2012). 4. Docket No. NHTSA–2011–0182 Nonconforming Vehicles: 2000–2003 Kawasaki ZR750 Motorcycles. Substantially Similar U.S. Certified Vehicles: 2000–2003 Kawasaki ZR750 Motorcycles. Notice of Petition Published at: 76 FR 82039 (December 29, 2011). Vehicle Eligibility Number: VSP–537 (effective date February 22, 2012). 9. Docket No. NHTSA–2011–0157 Nonconforming Vehicles: 1987–1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger Cars. Because there are no substantially similar U.S.-certified version 1987–1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger Cars the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 76 FR 69323 (November 8, 2011). Vehicle Eligibility Number: VCP–48 (effective date December 19, 2011). [FR Doc. 2012–22034 Filed 9–6–12; 8:45 am] BILLING CODE 4910–59–P 5. Docket No. NHTSA–2011–0158 Nonconforming Vehicles: 2002 Jaguar XJ8 Passenger Cars Manufactured for Sale in the Kuwaiti Market. Substantially Similar U.S. Certified Vehicles: 2002 Jaguar XJ8 Passenger Cars. DEPARTMENT OF TRANSPORTATION Surface Transportation Board Notice of Petition [Docket No. FD 35666] Published at: 76 FR 69796 (November 9, 2011). Vehicle Eligibility Number: VSP–536 (effective date December 20, 2011). Union Pacific Railroad Company— Acquisition and Operation Exemption—San Pedro Railroad Operating Company, LLC 6. Docket No. NHTSA–2011–0113 Union Pacific Railroad Company (UP) has filed a verified notice of exemption under: (1) 49 CFR 1180.2(d)(1) to acquire and operate over San Pedro Railroad Operating Company, LLC’s (SPROC) line segments between MP 1040.15 at Curtiss, Ariz., and MP 1041.32 near Curtiss (Parcel 1), and between MP 1071.16 and MP 1084 at Naco, Ariz. (Parcel 2), and to acquire all of SPROC’s property rights, including SPROC’s freight operating easement, in a line segment between MP 1041.32 and MP 1071.16 (Parcel 3),1 whose underlying right-of-way UP currently owns, and to operate over the same; and (2) 49 CFR 1180.2(d)(7) to acquire overhead trackage rights over a line between MP 1033.008 at Benson, Ariz., and MP 1040.15 at Curtiss (Leased Line), that SPROC currently leases from UP and operates.2 The earliest this transaction may be consummated is September 22, 2012, Nonconforming Vehicles: 2009 Dodge RAM 1500 Laramie Crew Cab Trucks Manufactured for the Mexican Market. Substantially Similar U.S. Certified Vehicles: 2009 Dodge RAM 1500 Laramie Crew Cab Trucks. Notice of Petition Published at: 76 FR 49834 (August 11, 2011). Vehicle Eligibility Number: VSP–535 (effective date September 21, 2011). 7. Docket No. NHTSA–2012–0031 Nonconforming Vehicles: Right-Hand Drive 2000–2003 Jeep Wrangler Multi-Purpose Passenger Vehicles. Because there are no substantially similar U.S.-certified version Right-Hand Drive 2000–2003 Jeep Wrangler Multi-Purpose Passenger Vehicles the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 77 FR 17567 (March 26, 2012). Vehicle Eligibility Number: VCP–50 (effective date July 27, 2012). srobinson on DSK4SPTVN1PROD with NOTICES 8. Docket No. NHTSA–2012–0030 Nonconforming Vehicles: 2005 Ifor Williams LM85G Trailers. Because there are no substantially similar U.S.-certified version 2005 Ifor Williams LM85G Trailers the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 77 FR 17568 (March 26, 2012). Vehicle Eligibility Number: VCP–49 (effective date May 7, 2012). VerDate Mar<15>2010 17:40 Sep 06, 2012 Jkt 226001 1 In San Pedro Railroad Operating Company, LLC—Abandonment Exemption—In Cochise County, Ariz., AB 1081X (STB served Feb. 3, 2006), the Board granted SPROC an exemption to abandon approximately 76.2 miles of railroad in Cochise County, Ariz., including Parcels 1, 2, and 3 at issue here. SPROC has sought, and received from the Board, numerous extensions of the abandonment authority consummation deadline for Parcels 1, 2, and 3, the last of which set the consummation deadline at September 24, 2012. San Pedro R.R. Operating Co.—Aban. Exemption—In Cochise Cnty., Ariz., AB 1081X (STB served July 5, 2012). 2 UP has included a copy of the proposed trackage rights agreement between UP and SPROC and states that a copy of the signed agreement will be filed with the Board within 10 days of the filing of the subject verified noticed of exemption. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 the effective date of the exemption (30 days after the exemption was filed). According to UP, the purpose of assuming the rail operations over Parcels 1, 2, and 3, and acquiring the overhead trackage rights over the Leased Line is to maintain continuity of railroad service on the Curtiss Branch Line and preserve the Curtiss Branch Line for future and improved railroad service. UP states that acquiring the overhead trackage rights over the Leased Line would also provide the connection necessary for UP to serve and operate the southern portion of the Curtiss Branch Line. In support of the exemption filed under § 1180.2(d)(1), UP states the Board previously granted SPROC the authority to abandon Parcels 1, 2, and 3, and that UP’s acquisition of, and authority to operate over, those portions would not constitute a major market extension for UP because: (1) The Curtiss Branch Line does not extend to the international border with Mexico; (2) the Curtiss Branch Line is not in or near any major commercial markets or rail routes; (3) except for the Leased Line, the entire Curtiss Branch Line was approved for abandonment by the Board; and (4) UP currently retains real property ownership of the majority of the right-of-way that makes up the Curtiss Branch Line. In support of the exemption filed under § 1180.2(d)(7), the overhead trackage rights sought by UP over the Leased Line are based on a written agreement and such rights were neither filed nor sought by UP in a responsive application in a rail consolidation proceeding. The acquisition exemption is subject to the conditions for the protection of railroad employees in New York Dock Railway—Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979), aff’d sub nom. New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 1979), as modified by Wilmington Terminal Railroad—Purchase & Lease— CSX Transportation, Inc., 6 I.C.C. 2d 799, 814–26 (1990), aff’d sub nom. Railway Labor Executives’ Association v. ICC, 930 F.2d 511 (6th Cir. 1991). As a condition to the trackage rights exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). 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 E:\FR\FM\07SEN1.SGM 07SEN1 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by September 14, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35666, 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 Mack H. Shumate, Jr., Union Pacific Railroad Company, Law Department, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: August 31, 2012. By the Board, Richard Armstrong, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. AGENCY: outpatient facility charges; physician and other professional charges, including professional charges for anesthesia services and dental services; pathology and laboratory charges; observation care facility charges; ambulance and other emergency transportation charges; and charges for durable medical equipment, drugs, injectables, and other medical services, items, and supplies identified by Healthcare Common Procedure Coding System (HCPCS) Level II codes. The regulations also provide that data for calculating actual charge amounts at individual VA facilities based on these methodologies will either be published in a notice in the Federal Register or will be posted on the Internet site of the Veterans Health Administration (VHA) Chief Business Office, currently at https://www1.va.gov/CBO/apps/rates/ index.asp, under ‘‘Reasonable Charges Data Sources.’’ Certain charges are hereby updated as described in the SUPPLEMENTARY INFORMATION section of this notice. These changes are effective October 1, 2012. When charges for medical care or services provided or furnished at VA expense by either VA or non-VA providers have not been established under other provisions of the regulations, the method for determining VA’s charges is set forth at 38 CFR 17.101(a)(8). ACTION: FOR FURTHER INFORMATION CONTACT: Individuals wishing to make oral statements before the Committee will be accommodated on a first-come, firstserved basis. Individuals who speak are invited to submit 1–2 page summaries of their comments at the time of the meeting for inclusion in the official meeting record. The public may submit written statements for the Committee’s review to Sarah Fusina, Esq., Designated Federal Officer, Department of Veterans Affairs, Veterans Benefits Administration, Compensation Service, Regulation Staff (211D), 810 Vermont Avenue NW., Washington, DC 20420 or email at Sarah.Fusina@va.gov. Any member of the public wishing to attend the meeting or seeking additional information should contact Mrs. Fusina at (202) 461–9569. [FR Doc. 2012–22005 Filed 9–6–12; 8:45 am] Dated: August 31, 2012. By direction of the Secretary. Vivian Drake, Committee Management Officer. BILLING CODE 4915–01–P [FR Doc. 2012–22008 Filed 9–6–12; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Disability Compensation, Notice of Meeting srobinson on DSK4SPTVN1PROD with NOTICES DEPARTMENT OF VETERANS AFFAIRS Reasonable Charges for Inpatient MS– DRGs and SNF Medical Services; V3.11, 2013; Fiscal Year Update The Department of Veterans Affairs (VA) gives notice under Public Law 92– 463 (Federal Advisory Committee Act) that the Advisory Committee on Disability Compensation will meet on September 17–18, 2012, at the Veterans Health Administration National Conference Center, 2011 Crystal Drive, Suite 150A, Arlington, Virginia. The sessions will begin at 8:30 a.m. and end at 4 p.m. each day. The meeting is open to the public. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the maintenance and periodic readjustment of the VA Schedule for Rating Disabilities. The Committee is to assemble and review relevant information relating to the nature and character of disabilities arising during service in the Armed Forces, provide an ongoing assessment of the effectiveness of the rating schedule, and give advice on the most appropriate means of responding to the needs of Veterans relating to disability compensation. The Committee will receive briefings on issues related to compensation for Veterans with service-connected disabilities and other VA benefits programs. Time will be allocated for receiving public comments in the afternoon. Public comments will be limited to three minutes each. VerDate Mar<15>2010 17:04 Sep 06, 2012 Jkt 226001 55269 Department of Veterans Affairs. Notice. Section 17.101 of Title 38 of the Code of Federal Regulations sets forth the Department of Veterans Affairs (VA) medical regulations concerning ‘‘Reasonable Charges’’ for medical care or services provided or furnished by VA to a veteran: —For a nonservice-connected disability for which the veteran is entitled to care (or the payment of expenses of care) under a health plan contract; —For a nonservice-connected disability incurred incident to the veteran’s employment and covered under a worker’s compensation law or plan that provides reimbursement or indemnification for such care and services; or —For a nonservice-connected disability incurred as a result of a motor vehicle accident in a State that requires automobile accident reparations insurance. The regulations include methodologies for establishing billed amounts for the following types of charges: Acute inpatient facility charges; skilled nursing facility/sub-acute inpatient facility charges; partial hospitalization facility charges; SUMMARY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Romona Greene, Chief Business Office (10NB6), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–1595. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: Of the charge types listed in the SUMMARY section of this notice, only the acute inpatient facility charges and skilled nursing facility/sub-acute inpatient facility charges are being changed. Charges are not being changed for: Partial hospitalization facility charges; outpatient facility charges; physician and other professional charges, including professional charges for anesthesia services and dental services; pathology and laboratory charges; observation care facility charges; ambulance and other emergency transportation charges; and charges for durable medical equipment, drugs, injectables, and other medical services, items, and supplies identified by HCPCS Level II codes. These outpatient facility charges and professional charges remain the same as set forth in a notice published in the Federal Register on December 12, 2011 (76 FR 77328). E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Notices]
[Pages 55268-55269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22005]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35666]


Union Pacific Railroad Company--Acquisition and Operation 
Exemption--San Pedro Railroad Operating Company, LLC

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under: (1) 49 CFR 1180.2(d)(1) to acquire and operate over 
San Pedro Railroad Operating Company, LLC's (SPROC) line segments 
between MP 1040.15 at Curtiss, Ariz., and MP 1041.32 near Curtiss 
(Parcel 1), and between MP 1071.16 and MP 1084 at Naco, Ariz. (Parcel 
2), and to acquire all of SPROC's property rights, including SPROC's 
freight operating easement, in a line segment between MP 1041.32 and MP 
1071.16 (Parcel 3),\1\ whose underlying right-of-way UP currently owns, 
and to operate over the same; and (2) 49 CFR 1180.2(d)(7) to acquire 
overhead trackage rights over a line between MP 1033.008 at Benson, 
Ariz., and MP 1040.15 at Curtiss (Leased Line), that SPROC currently 
leases from UP and operates.\2\
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    \1\ In San Pedro Railroad Operating Company, LLC--Abandonment 
Exemption--In Cochise County, Ariz., AB 1081X (STB served Feb. 3, 
2006), the Board granted SPROC an exemption to abandon approximately 
76.2 miles of railroad in Cochise County, Ariz., including Parcels 
1, 2, and 3 at issue here. SPROC has sought, and received from the 
Board, numerous extensions of the abandonment authority consummation 
deadline for Parcels 1, 2, and 3, the last of which set the 
consummation deadline at September 24, 2012. San Pedro R.R. 
Operating Co.--Aban. Exemption--In Cochise Cnty., Ariz., AB 1081X 
(STB served July 5, 2012).
    \2\ UP has included a copy of the proposed trackage rights 
agreement between UP and SPROC and states that a copy of the signed 
agreement will be filed with the Board within 10 days of the filing 
of the subject verified noticed of exemption.
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    The earliest this transaction may be consummated is September 22, 
2012, the effective date of the exemption (30 days after the exemption 
was filed).
    According to UP, the purpose of assuming the rail operations over 
Parcels 1, 2, and 3, and acquiring the overhead trackage rights over 
the Leased Line is to maintain continuity of railroad service on the 
Curtiss Branch Line and preserve the Curtiss Branch Line for future and 
improved railroad service. UP states that acquiring the overhead 
trackage rights over the Leased Line would also provide the connection 
necessary for UP to serve and operate the southern portion of the 
Curtiss Branch Line.
    In support of the exemption filed under Sec.  1180.2(d)(1), UP 
states the Board previously granted SPROC the authority to abandon 
Parcels 1, 2, and 3, and that UP's acquisition of, and authority to 
operate over, those portions would not constitute a major market 
extension for UP because: (1) The Curtiss Branch Line does not extend 
to the international border with Mexico; (2) the Curtiss Branch Line is 
not in or near any major commercial markets or rail routes; (3) except 
for the Leased Line, the entire Curtiss Branch Line was approved for 
abandonment by the Board; and (4) UP currently retains real property 
ownership of the majority of the right-of-way that makes up the Curtiss 
Branch Line. In support of the exemption filed under Sec.  
1180.2(d)(7), the overhead trackage rights sought by UP over the Leased 
Line are based on a written agreement and such rights were neither 
filed nor sought by UP in a responsive application in a rail 
consolidation proceeding.
    The acquisition exemption is subject to the conditions for the 
protection of railroad employees in New York Dock Railway--Control--
Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979), aff'd sub 
nom. New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 
1979), as modified by Wilmington Terminal Railroad--Purchase & Lease--
CSX Transportation, Inc., 6 I.C.C. 2d 799, 814-26 (1990), aff'd sub 
nom. Railway Labor Executives' Association v. ICC, 930 F.2d 511 (6th 
Cir. 1991). As a condition to the trackage rights exemption, any 
employees affected by the trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad, 
360 I.C.C. 653 (1980).
    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

[[Page 55269]]

a petition to revoke will not automatically stay the effectiveness of 
the exemption. Stay petitions must be filed by September 14, 2012 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35666, 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 Mack H. Shumate, Jr., Union Pacific Railroad 
Company, Law Department, 101 North Wacker Drive, Room 1920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 31, 2012.

    By the Board, Richard Armstrong, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-22005 Filed 9-6-12; 8:45 am]
BILLING CODE 4915-01-P