Indiana Northeastern Railroad Company-Abandonment Exemption-In Branch and St. Joseph Counties, MI, 61657-61658 [2012-24797]

Download as PDF Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2012–0054] rmajette on DSK2TPTVN1PROD with NOTICES Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated June 15, 2012, the National Railroad Passenger Corporation (Amtrak) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 242.403–(b), (c)(1)– (3), (d), (e)(1)–(4), (e)(6)–(11), (e)(13) and f(1)–(2). FRA assigned the petition Docket Number FRA–2012–0054. The Confidential Close Call Reporting System (C3RS) pilot project for Amtrak was initially approved by FRA on May 11, 2010. In Docket Number FRA–2010– 27678, Amtrak requested and was granted a waiver of certain provisions of 49 CFR Part 240, which governs the certification of locomotive engineers, to support the pilot project. On May 11, 2010, FRA granted the waiver for a period of 5 years. The railroad now requests a similar waiver from the conductor certification regulations for purposes of participating in the C3RS pilot project. Amtrak, the Brotherhood of Locomotive Engineers and Trainmen, and the United Transportation Union desire to shield the reporting employee and the railroad from punitive sanctions that would otherwise arise, as provided in selected sections of 49 CFR Part 242, to encourage conductor reporting of close calls and protect conductors and Amtrak from discipline or sanctions arising from the incidents reported pursuant to the Memorandum of Understanding for the C3RS, dated May 11, 2010. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. If you do not have access to the Internet, please contact FRA’s Docket Clerk at (202) 493–6030, who will provide necessary information concerning the contents of the petition. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate VerDate Mar<15>2010 15:15 Oct 09, 2012 Jkt 229001 scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate Docket Number and may be submitted by any of the following methods: • Web site: https://www.regulations. gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received within November 26, 2012 of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and 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.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78,) or online at https://www.dot.gov/privacy. html. Issued in Washington, DC, on October 2, 2012. Ron Hynes, Director, Office of Safety Assurance and Compliance. [FR Doc. 2012–24920 Filed 10–9–12; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1102X] Indiana Northeastern Railroad Company—Abandonment Exemption— In Branch and St. Joseph Counties, MI Indiana Northeastern Railroad Company (IN) has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon 19.37 miles of rail line located PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 61657 between milepost 81.32 near Coldwater in Branch County, Mich., and milepost 100.69 near Sturgis in St. Joseph County, Mich. (the Line). The Line traverses United States Postal Service Zip Codes 49036, 49028, 49030 and 49091. IN has certified that: (1) No local traffic has moved over the Line for at least two years; (2) overhead traffic on the Line, if any, can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 8, 2012, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 19, 2012. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 29, 2012, with the Surface Transportation Board, 395 E 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See Regulations Governing Fees for Servs. Performed in Connection with Licensing and Related Servs.— 2012 Update, EP 542 (Sub-No. 20) (STB served July 27, 2012). E:\FR\FM\10OCN1.SGM 10OCN1 61658 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices Street SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicant’s representative: Carl M. Miller, Miller & Harants, 618 Professional Park Drive, New Haven, IN 46774. If the verified notice contains false or misleading information, the exemption is void ab initio. IN has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 12, 2012. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1 (800) 877–3339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), IN shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by filing of a notice of consummation by October 9, 2013, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: October 2, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–24797 Filed 10–9–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board rmajette on DSK2TPTVN1PROD with NOTICES [Docket No. AB 433 (Sub-No. 4X)] Idaho Northern & Pacific Railroad Company—Discontinuance of Trackage Rights Exemption—in Canyon, Payette and Washington Counties, ID On September 19, 2012, Idaho Northern & Pacific Railroad Company VerDate Mar<15>2010 15:15 Oct 09, 2012 Jkt 229001 (INPR) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue overhead trackage rights over a 53.09-mile line of railroad owned by Union Pacific Railroad Company, between milepost 519.0 at Weiser, and milepost 465.91, at Caldwell Junction, in Canyon, Payette and Washington Counties, Idaho.1 The line traverses U.S. Postal Service Zip Codes 83605, 83607, 83660, 83661, 83672, and 97914. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 7, 2013. Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 CFR 1105.6(c)(2) and 1105.8(b). Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) to subsidize continued rail service will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). All filings in response to this notice must refer to Docket No. AB 433 (SubNo. 4X) and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001; and (2) Karl Morell, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005. Replies to the petition are due on or before October 29, 2012. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment and discontinuance regulations at 49 CFR 1 INPR was granted authority to acquire the trackage rights as part of the transaction in Idaho Northern & Pacific Railroad Company—Lease, Acquisition and Operation Exemption—Union Pacific Railroad Company, FD 32370 (ICC served Dec. 7, 1993). According to INPR, the portion of the trackage rights located between milepost 465.91, at Caldwell Junction, and milepost 454.0, at Nampa, was assigned to Boise Valley Railroad, Inc., in Boise Valley Railroad, Inc.—Assignment of Lease Exemption—Union Pacific Railroad Company and Idaho Northern & Pacific Railroad Company, FD 35259 (STB served Oct. 2, 2009). PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: October 3, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–24796 Filed 10–9–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Designation of Two Entities Pursuant to Executive Orders Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of two entities whose property and interests in property are blocked pursuant to Executive Order 13619 of July 11, 2012, ‘‘Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma’’ and Executive Order 13464 of April 30, 2008, ‘‘Blocking Property and Prohibiting Certain Transactions Related to Burma.’’ DATES: The designation by the Director of OFAC of the two entities named in this notice, pursuant to Executive Order 13619 and Executive Order 13464, is effective July 11, 2012. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance and Evaluation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, Tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treasury.gov/ofac) or via facsimile through a 24-hour fax-on-demand service, Tel.: 202/622–0077. Background On July 11, 2012, President Barack Obama signed Executive Order 13619, ‘‘Blocking Property of Persons Threatening the Peace, Security, or E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61657-61658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24797]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1102X]


Indiana Northeastern Railroad Company--Abandonment Exemption--In 
Branch and St. Joseph Counties, MI

    Indiana Northeastern Railroad Company (IN) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon 19.37 miles of rail line located between 
milepost 81.32 near Coldwater in Branch County, Mich., and milepost 
100.69 near Sturgis in St. Joseph County, Mich. (the Line). The Line 
traverses United States Postal Service Zip Codes 49036, 49028, 49030 
and 49091.
    IN has certified that: (1) No local traffic has moved over the Line 
for at least two years; (2) overhead traffic on the Line, if any, can 
be rerouted over other lines; (3) no formal complaint filed by a user 
of rail service on the Line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board (Board) or 
with any U.S. District Court or has been decided in favor of a 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on November 8, 2012, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
October 19, 2012. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 29, 2012, with 
the Surface Transportation Board, 395 E

[[Page 61658]]

Street SW., Washington, DC 20423-0001.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing and Related Servs.--2012 
Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Carl M. Miller, Miller & Harants, 618 
Professional Park Drive, New Haven, IN 46774.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IN has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 12, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1 (800) 877-3339. Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), IN shall file a 
notice of consummation with the Board to signify that it has exercised 
the authority granted and fully abandoned the Line. If consummation has 
not been effected by filing of a notice of consummation by October 9, 
2013, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: October 2, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-24797 Filed 10-9-12; 8:45 am]
BILLING CODE 4915-01-P
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