Yellowstone Valley Railroad, L.L.C.-Discontinuance of Lease and Trackage Rights Operations Exemption-In Richland, Sheridan, Roosevelt, and Daniels Counties, Mont., and McKenzie County, ND, 13932-13933 [2013-04793]

Download as PDF 13932 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices [FR Doc. 2013–04799 Filed 2–28–13; 8:45 am] Office of Registration and Safety Information, Federal Motor Carrier Safety Administration, West Building, 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202–385–2405/2412; email tura.gatling@dot.gov and gerald.folsom@dot.gov. BILLING CODE 4710–10–P SUPPLEMENTARY INFORMATION: ineffectual the measures authorized in the Order. This notice shall be published in the Federal Register. Dated: February 20, 2013. John F. Kerry, Secretary of State. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0379] Agency Information Collection Activities; Approval of a Currently Approved Information Collection Request: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The information collected will be used to help ensure that motor carriers of passengers and property maintain appropriate levels of financial responsibility to operate on public highways. DATES: Please send your comments by April 1, 2013. OMB must receive your comments by this date in order to act on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2013–0379. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Ms. Tura Gatling and Gerald Folsom, Ph.D., mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:40 Feb 28, 2013 Jkt 229001 Title: Financial Responsibility for Motor Carrier of Passengers and Motor Carriers of Property. OMB Control Number: 2126–0008. Type of Request: Revision of a currently-approved information collection. Respondents: Insurance and surety companies of motor carriers of property (Forms MCS–90 and MCS–82) and motor carriers of passengers (Forms MCS–90B and MCS–82B). Estimated Number of Respondents: 6,074. Estimated Time per Response: The FMCSA estimates it takes two minutes to complete the Endorsement for Motor Carrier Policies of Insurances for Public Liability or three minutes for the Motor Carrier Public Liability Surety Bond; and one minute to place either document on board the vehicle (foreigndomiciled motor carriers only) [49 CFR 387.7(f)]. These endorsements are maintained at the motor carrier’s principal place of business [49 CFR 387.7 (iii) (d)]. Expiration Date: March 31, 2013. Frequency of Response: Upon creation, change or replacement of an insurance policy or surety bond. Estimated Total Annual Burden: 4,480 hours [(3,874 annual burden hours for Form MCS–90B, Form MCS– 90, Form MCS–82B and Form MCS–82) + (606 annual burden hours for placing legible copies of the carrier’s Insurance Endorsements or Surety Bonds in the cabs of all vehicles operated in the United States) = 4,480]. Background The Secretary of Transportation is responsible for implementing regulations which establish minimal levels of financial responsibility for: (1) For-hire motor carriers of property to cover public liability, property damage and environment restoration, and (2) for-hire motor carriers of passengers to cover public liability and property damage. The Endorsement for Motor Carrier Policies of Insurance for Public Liability (Forms MCS–90/90B) and the Motor Carrier Public Liability Surety Bond (Forms MCS–82/82B) contain the minimum amount of information necessary to document that a motor carrier of property or passengers has PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 obtained, and has in effect, the minimum levels of financial responsibility as set forth in applicable regulations (motor carriers of property— 49 CFR 387.9; and motor carrier of passengers—49 CFR 387.33). FMCSA and the public can verify that a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility, by use of the information enclosed within these documents. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued on: February 21, 2013. G. Kelly Leone, Associate Administrator for Office of Research and Information Technology And Chief Information Officer. [FR Doc. 2013–04760 Filed 2–28–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 991 (Sub-No. 1X)] Yellowstone Valley Railroad, L.L.C.— Discontinuance of Lease and Trackage Rights Operations Exemption—In Richland, Sheridan, Roosevelt, and Daniels Counties, Mont., and McKenzie County, ND On February 11, 2013, Yellowstone Valley Railroad, L.L.C. (YVRR) 1 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 YVRR’s lease operations over two lines owned by BNSF Railway Company (BNSF) between: (1) Milepost 43.0, in Crane, Mont., and milepost 78.6, near Snowden, Mont.; and (2) milepost 0.93, near Bainville, Mont., and milepost 100.3, near Scobey, Mont. Additionally, YVRR seeks to discontinue its overhead trackage rights on two other BNSF lines between: (1) Milepost 78.6, on the BNSF Sidney Subdivision near Snowden, and milepost 0.93, on the BSNF Scobey Subdivision, near Bainville; and (2) 1 According to YVRR, its name was formerly Yellowstone Valley Railroad, Inc. See Watco Holdings—Corp. Family Transaction, FD 35439 (STB served Nov. 4, 2010). E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices milepost 6.0, near Glendive, Mont., and milepost 0.0, at Glendive.2 The lines traverse U.S. Postal Service Zip Codes 59212, 59217, 59221, 59222, 59226, 59330, 59242, 59247, 59254, 59257, 59258, 59263, and 59270. In 2011, YVRR received authority to discontinue service between milepost 6.0, near Glendive, and milepost 43.0, at Crane.3 For that reason, YVRR states that it no longer needs the overhead trackage rights south of milepost 6.0. Accordingly, YVRR seeks authority to discontinue those rights between milepost 6.0, near Glendive, and milepost 0.0, at Glendive. YVRR seeks to discontinue operations over the leased lines so that BNSF can once again resume operations over those lines. Once service is discontinued over the leased lines, YVRR states that it will no longer have any need for the overhead trackage rights between milepost 78.6, on the BNSF Sidney Subdivision near Snowden, and milepost 0.93, on the BNSF Scobey Subdivision, near Bainville. After the requested discontinuance is granted, YVRR will continue to operate as a common carrier performing transload and terminal switching operations on tracks it owns in Dore, ND 4 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 May 31, 2013.5 Because this is a discontinuance 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). mstockstill on DSK4VPTVN1PROD with NOTICES 2 YVRR acquired the lease over the lines and the overhead trackage rights in 2005. See Yellowstone Valley R.R.—Lease and Operation Exemption— BNSF Ry., FD 34737 (STB served Sept. 1, 2005). 3 See Yellowstone Valley R.R.—Discontinuance of Service Exemption—In Dawson and Richland Cntys., Mont., AB 991X (STB served June 28, 2011). 4 YVRR asserts that it constructed these tracks as team tracks while leasing the lines from BNSF and that it did not need Board authority for this project under 49 U.S.C. 10906. 5 YVRR asks the Board to act expeditiously. The carrier fears that it will soon start to lose employees as a result of this discontinuance filing, which in turn will impair its ability to provide service. VerDate Mar<15>2010 16:40 Feb 28, 2013 Jkt 229001 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 991 (SubNo. 1X) 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 March 21, 2013. 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 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: February 26, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–04793 Filed 2–28–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 558 (Sub-No. 16)] Railroad Cost of Capital—2012 AGENCY: Surface Transportation Board, DOT. Notice of decision instituting a proceeding to determine the railroad industry’s 2012 cost of capital. ACTION: The Board is instituting a proceeding to determine the railroad industry’s cost of capital for 2012. The decision solicits comments on the following issues: (1) The railroads’ 2012 current cost of debt capital; (2) the SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 9990 13933 railroads’ 2012 current cost of preferred equity capital (if any); (3) the railroads’ 2012 cost of common equity capital; and (4) the 2012 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in Railroad Cost of Capital—2011, EP 558 (Sub-No. 15) (STB served Sept. 13, 2012). Notices of intent to participate are due by March 29, 2013. Statements of the railroads are due by April 19, 2013. Statements of other interested persons are due by May 10, 2013. Rebuttal statements by the railroads are due by May 31, 2013. DATES: Comments may be submitted either via the Board’s e-filing system or in the traditional paper format. Any person using e-filing should comply with the instructions at the E-FILING link on the Board’s Web site, at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: Docket No. EP 558 (SubNo. 16), 395 E Street SW., Washington, DC 20423–0001. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245–0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. The Board’s decision is posted on the Board’s Web site, http:// www.stb.dot.gov. Copies of the decision may be purchased by contacting the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238. Assistance for the hearing impaired is available through FIRS at (800) 877–8339. This action will not significantly affect either the quality of the human environment of the conservation of energy resources. SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 10704(a). Decided: February 25, 2013. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–04728 Filed 2–28–13; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13932-13933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04793]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 991 (Sub-No. 1X)]


Yellowstone Valley Railroad, L.L.C.--Discontinuance of Lease and 
Trackage Rights Operations Exemption--In Richland, Sheridan, Roosevelt, 
and Daniels Counties, Mont., and McKenzie County, ND

    On February 11, 2013, Yellowstone Valley Railroad, L.L.C. (YVRR) 
\1\ 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 YVRR's lease operations over two lines owned by 
BNSF Railway Company (BNSF) between: (1) Milepost 43.0, in Crane, 
Mont., and milepost 78.6, near Snowden, Mont.; and (2) milepost 0.93, 
near Bainville, Mont., and milepost 100.3, near Scobey, Mont. 
Additionally, YVRR seeks to discontinue its overhead trackage rights on 
two other BNSF lines between: (1) Milepost 78.6, on the BNSF Sidney 
Subdivision near Snowden, and milepost 0.93, on the BSNF Scobey 
Subdivision, near Bainville; and (2)

[[Page 13933]]

milepost 6.0, near Glendive, Mont., and milepost 0.0, at Glendive.\2\ 
The lines traverse U.S. Postal Service Zip Codes 59212, 59217, 59221, 
59222, 59226, 59330, 59242, 59247, 59254, 59257, 59258, 59263, and 
59270.
---------------------------------------------------------------------------

    \1\ According to YVRR, its name was formerly Yellowstone Valley 
Railroad, Inc. See Watco Holdings--Corp. Family Transaction, FD 
35439 (STB served Nov. 4, 2010).
    \2\ YVRR acquired the lease over the lines and the overhead 
trackage rights in 2005. See Yellowstone Valley R.R.--Lease and 
Operation Exemption--BNSF Ry., FD 34737 (STB served Sept. 1, 2005).
---------------------------------------------------------------------------

    In 2011, YVRR received authority to discontinue service between 
milepost 6.0, near Glendive, and milepost 43.0, at Crane.\3\ For that 
reason, YVRR states that it no longer needs the overhead trackage 
rights south of milepost 6.0. Accordingly, YVRR seeks authority to 
discontinue those rights between milepost 6.0, near Glendive, and 
milepost 0.0, at Glendive.
---------------------------------------------------------------------------

    \3\ See Yellowstone Valley R.R.--Discontinuance of Service 
Exemption--In Dawson and Richland Cntys., Mont., AB 991X (STB served 
June 28, 2011).
---------------------------------------------------------------------------

    YVRR seeks to discontinue operations over the leased lines so that 
BNSF can once again resume operations over those lines. Once service is 
discontinued over the leased lines, YVRR states that it will no longer 
have any need for the overhead trackage rights between milepost 78.6, 
on the BNSF Sidney Subdivision near Snowden, and milepost 0.93, on the 
BNSF Scobey Subdivision, near Bainville. After the requested 
discontinuance is granted, YVRR will continue to operate as a common 
carrier performing transload and terminal switching operations on 
tracks it owns in Dore, ND \4\
---------------------------------------------------------------------------

    \4\ YVRR asserts that it constructed these tracks as team tracks 
while leasing the lines from BNSF and that it did not need Board 
authority for this project under 49 U.S.C. 10906.
---------------------------------------------------------------------------

    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 May 31, 2013.\5\
---------------------------------------------------------------------------

    \5\ YVRR asks the Board to act expeditiously. The carrier fears 
that it will soon start to lose employees as a result of this 
discontinuance filing, which in turn will impair its ability to 
provide service.
---------------------------------------------------------------------------

    Because this is a discontinuance 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 
991 (Sub-No. 1X) 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 March 21, 2013.
    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 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: February 26, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-04793 Filed 2-28-13; 8:45 am]
BILLING CODE 4915-01-P