Ballard Terminal Railroad Company, L.L.C.-Acquisition and Operation Exemption-Woodinville Subdivision, 24465-24466 [2013-09760]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: 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.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
How to Read Comments submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also view the documents from the
Internet at https://www.regulations.gov.
Follow the online instructions for
accessing the dockets. The docket ID
number and title of this notice are
shown at the heading of this document
notice. Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically search the Docket for new
material.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(B), a
motor vehicle, including a trailer, that
was not originally manufactured to
VerDate Mar<15>2010
17:22 Apr 24, 2013
Jkt 229001
conform to all applicable FMVSS, and
has no substantially similar U.S.certified counterpart, shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle has safety features that comply
with, or are capable of being altered to
comply with, all applicable FMVSS
based on destructive test data or such
other evidence as NHTSA decides to be
adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR Part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
US Specs of Havre de Grace,
Maryland (Registered Importer 03–321)
has petitioned NHTSA to decide
whether nonconforming 2011 Thule
3008BL boat trailers are eligible for
importation into the United States. US
Specs believes these vehicles are
capable of being modified to meet all
applicable FMVSS.
US Specs submitted information with
its petition intended to demonstrate that
2011 Thule 3008BL boat trailers are
capable of being altered to comply with
all standards to which they were not
originally manufactured to conform.
The petitioner contends that the
nonconforming 2011 Thule 3008BL boat
trailers are capable of being readily
altered to meet the following standards,
in the manner indicated:
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
Installation of conforming tail lamps,
license plate lamps, rear side marker
lamps, front and rear side marker lamps,
rear identification lamps, and rear
clearance lamps, as necessary to achieve
compliance with the standard.
Standard No. 119 New Pneumatic
Tires for Vehicles other than Passenger
Cars: installation of tires meeting the
vehicle’s gross vehicle and gross axle
weight ratings (GVWR and GAWR) and
other requirements of the standard if the
vehicle is not already so equipped.
Standard No. 120 Tire Selection and
Rims for Motor Vehicles Other than
Passenger Cars: installation of a tire
information placard and inspection and
replacement of any nonconforming rims
with ones conforming to the standard.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
24465
All comments received before the
close of business on the closing date
indicated above will be considered, and
will be available for examination in the
docket at the above addresses both
before and after that date. To the extent
possible, comments filed after the
closing date will also be considered.
Notice of final action on the petition
will be published in the Federal
Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.95 and 501.8.
Issued on: April 15, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–09724 Filed 4–24–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35731]
Ballard Terminal Railroad Company,
L.L.C.—Acquisition and Operation
Exemption—Woodinville Subdivision
AGENCY:
Surface Transportation Board,
DOT.
Notice of exemption; request for
comments.
ACTION:
On April 2, 2013, Ballard
Terminal Railroad Company, L.L.C.
(Ballard), a Class III rail carrier, filed a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10902 to acquire the residual
common carrier rights and obligations,
including the right to reinstitute rail
service, and the physical trackage assets
on a line of railroad currently owned by
the City of Kirkland (City) and the Port
of Seattle (Port) in King County, Wash.
(the Line), and currently subject to
railbanking/interim trail use under the
National Trails System Act, 16 U.S.C.
1247(d). Ballard also seeks the right to
provide common carrier rail service
over the Line, and requests that the
Board order the transfer of all the rail
materials to Ballard at their net
liquidation value. Ballard states that it
has no objection to shared use of the
right-of-way as both a rail line and a
trail. The Line consists of a portion of
the former BNSF Railway Company
(BNSF) Woodinville Subdivision
extending between milepost 23.8 at
Woodinville, Wash., and milepost 12.6
at Bellevue, Wash.1 The petition for
SUMMARY:
1 This segment was the subject of an
abandonment proceeding and NITU in BNSF
E:\FR\FM\25APN1.SGM
Continued
25APN1
24466
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
exemption was filed concurrently with
a Ballard petition to partially vacate the
NITU issued in Docket No. AB 6 (SubNo. 465X) for the Woodinville
Subdivision (extending from milepost
23.8 to milepost 11.25). That NITU
permitted railbanking/interim trail use
negotiations under 16 U.S.C. 1247(d).2
The Board seeks comments from
interested persons on Ballard’s request
to resume rail service and partially
vacate the NITU.
DATES: Written comments must be filed
with the Board by June 18, 2013. Replies
must be filed by July 18, 2013.3
ADDRESSES: Comments may be
submitted either via the Board’s e-filing
format or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the EFILING link on the Board’s Web site, at
https://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. FD 35731, 395
E Street SW., Washington, DC 20423–
0001.
In addition, send one copy of any
comments to: (1) Myles L. Tobin,
Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 920, Chicago, IL 60606–
2832; (2) Craig Watson, Port of Seattle,
Pier 69, P.O. Box 1209, Seattle, WA
98111; (3) Charles A. Spitulnik, Kaplan
Kirsch & Rockwell LLP, 1001
Connecticut Avenue NW., Washington,
Railway Company—Abandonment Exemption—in
King County, Wash., AB 6 (Sub-No. 465X).
2 In a related matter, Ballard simultaneously filed
a verified notice of exemption under 49 CFR
1150.41 to lease from Eastside Community Rail,
LLC and to operate a 14.45-mile line of railroad
between mileposts 23.8 and 38.25 that is adjacent
to the Line at issue here. Ballard Terminal Railroad
Company, L.L.C.—Lease Exemption—Line of
Eastside Community Rail, LLC, FD 35730 (STB
served Apr. 18, 2013).
3 On April 12, 2013, King County, the City, and
Central Puget Sound Regional Transit Authority
(collectively, Movants) jointly filed a motion to
extend the time to respond to Ballard’s petitions to
partially vacate the NITU and for exemption, from
April 22, 2013, to June 21, 2013. On April 17, 2013,
Ballard filed a reply to the motion, objecting to the
requested extension of time unless it is coupled
with a condition that the City not remove the track
and other rail assets on the 5.75-mile portion of the
Line the City owns, until such time as the Board
rules on Ballard’s pending petitions. On April 18,
2013, Movants filed a motion for leave to file a
reply to Ballard’s reply. Regarding the motion to
extend, pursuant to this notice and request for
comments, the Board is initiating a proceeding and
establishing a procedural schedule for comments.
Movants’ motion to extend the time to respond will
therefore be denied as moot. The matter of the
trackage removal is already pending in the U.S.
District Court for the Western District of
Washington on Ballard’s motion for temporary
restraining order, which is scheduled to be heard
on May 3, 2013.
VerDate Mar<15>2010
17:22 Apr 24, 2013
Jkt 229001
DC 20036; and (4) all other parties of
record to this proceeding.
FOR FURTHER INFORMATION CONTACT:
Marc Lerner at 202–245–0390.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION: On April
2, 2013, Ballard filed a petition under 49
U.S.C. 10502 for exemption from the
provisions of 49 U.S.C. 10902 to acquire
the residual common carrier rights and
obligations, including the right to
reinstitute rail service, and the physical
trackage assets of the Line, for a segment
of the former BNSF Woodinville
Subdivision. This segment is currently
subject to an interim trail use/
railbanking agreement between BNSF
and King County, a political subdivision
of the State of Washington. The Port
owns the real estate associated with the
Line, which it acquired from BNSF; 4
the Port subsequently conveyed a
portion of the Line to the City. In King
County, Wash.—Acquisition
Exemption—BNSF Railway Company,
FD 35148 (STB served Sept. 18, 2009),
the Board granted a request by King
County for exemption from 49 U.S.C.
10901 to acquire BNSF’s rights and
obligations, including the right to
reinstate rail service in the future.
Ballard’s petition presents this issue:
under what circumstances will the
Board grant a carrier’s request to vacate
a NITU to permit reactivation of rail
service when the petitioning carrier
does not own or have any other interest
in the right-of-way. An interim trail use
arrangement is subject to being cut off
at any time by the reinstitution of
service. 16 U.S.C. 1247(d). Here, the
abandoning railroad (BNSF) has
transferred its rights and obligations,
including the right to reinstate rail
service, to King County (which is also
the trail sponsor), and a different carrier,
Ballard, seeks to reinstitute service.
Ballard submits letters from two
shippers that support the reinstitution
of rail service over the Line.
CalPortland, a building materials and
construction services provider, states
that it desires to use the Line to receive
hundreds of thousands of cubic yards
per year of construction materials for
upcoming road projects. Wolford
Trucking & Demolition, Inc. (Wolford),
a demolition and trucking services
provider, states that it plans to use the
Line to ship an estimated three million
cubic yards of excavated materials,
building demolition waste, and roadway
4 The Port of Seattle—Acquisition Exemption—
Certain Assets of BNSF Ry., FD 35128 (STB served
June 20, 2008).
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
grading spoils over the next several
years. Ballard estimates that CalPortland
and Wolford’s use of the Line would
translate to approximately 50,000
carloads of freight.5
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 17,
2014.
Decided: April 19, 2013.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013–09760 Filed 4–24–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
April 22, 2013.
The Department of the Treasury will
submit the following information
collection requests to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.
DATES: Comments should be received on
or before May 28, 2013 to be assured of
consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestion for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at
OIRA_Submission@OMB.EOP.GOV and
(2) Treasury PRA Clearance Officer,
1750 Pennsylvania Ave. NW., Suite
8140, Washington, DC 20220, or email
at PRA@treasury.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submission(s) may be
obtained by calling (202) 927–5331,
email at PRA@treasury.gov, or the entire
5 Ballard submits three additional letters
generally in support of an upgraded Eastside Rail
Corridor: an open letter from the Snohomish
County Executive Director supporting multiple
purpose use of the Eastside Rail Corridor, including
freight service; a letter to the Kirkland City Council
from the Mayor of Woodinville requesting that the
City delay the removal of the subject tracks until
the Eastside Rail Corridor Regional Advisory
Council presents its recommendations in Summer
2013; and a letter to Washington State Senator
Rosemary McAuliffe from the Mayor of Snohomish
reiterating a request for funding needed to upgrade
the Eastside Rail Corridor.
E:\FR\FM\25APN1.SGM
25APN1
]]>Agencies
[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Notices]
[Pages 24465-24466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09760]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35731]
Ballard Terminal Railroad Company, L.L.C.--Acquisition and
Operation Exemption--Woodinville Subdivision
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: On April 2, 2013, Ballard Terminal Railroad Company, L.L.C.
(Ballard), a Class III rail carrier, filed a petition under 49 U.S.C.
10502 for exemption from the provisions of 49 U.S.C. 10902 to acquire
the residual common carrier rights and obligations, including the right
to reinstitute rail service, and the physical trackage assets on a line
of railroad currently owned by the City of Kirkland (City) and the Port
of Seattle (Port) in King County, Wash. (the Line), and currently
subject to railbanking/interim trail use under the National Trails
System Act, 16 U.S.C. 1247(d). Ballard also seeks the right to provide
common carrier rail service over the Line, and requests that the Board
order the transfer of all the rail materials to Ballard at their net
liquidation value. Ballard states that it has no objection to shared
use of the right-of-way as both a rail line and a trail. The Line
consists of a portion of the former BNSF Railway Company (BNSF)
Woodinville Subdivision extending between milepost 23.8 at Woodinville,
Wash., and milepost 12.6 at Bellevue, Wash.\1\ The petition for
[[Page 24466]]
exemption was filed concurrently with a Ballard petition to partially
vacate the NITU issued in Docket No. AB 6 (Sub-No. 465X) for the
Woodinville Subdivision (extending from milepost 23.8 to milepost
11.25). That NITU permitted railbanking/interim trail use negotiations
under 16 U.S.C. 1247(d).\2\ The Board seeks comments from interested
persons on Ballard's request to resume rail service and partially
vacate the NITU.
---------------------------------------------------------------------------
\1\ This segment was the subject of an abandonment proceeding
and NITU in BNSF Railway Company--Abandonment Exemption--in King
County, Wash., AB 6 (Sub-No. 465X).
\2\ In a related matter, Ballard simultaneously filed a verified
notice of exemption under 49 CFR 1150.41 to lease from Eastside
Community Rail, LLC and to operate a 14.45-mile line of railroad
between mileposts 23.8 and 38.25 that is adjacent to the Line at
issue here. Ballard Terminal Railroad Company, L.L.C.--Lease
Exemption--Line of Eastside Community Rail, LLC, FD 35730 (STB
served Apr. 18, 2013).
DATES: Written comments must be filed with the Board by June 18, 2013.
Replies must be filed by July 18, 2013.\3\
---------------------------------------------------------------------------
\3\ On April 12, 2013, King County, the City, and Central Puget
Sound Regional Transit Authority (collectively, Movants) jointly
filed a motion to extend the time to respond to Ballard's petitions
to partially vacate the NITU and for exemption, from April 22, 2013,
to June 21, 2013. On April 17, 2013, Ballard filed a reply to the
motion, objecting to the requested extension of time unless it is
coupled with a condition that the City not remove the track and
other rail assets on the 5.75-mile portion of the Line the City
owns, until such time as the Board rules on Ballard's pending
petitions. On April 18, 2013, Movants filed a motion for leave to
file a reply to Ballard's reply. Regarding the motion to extend,
pursuant to this notice and request for comments, the Board is
initiating a proceeding and establishing a procedural schedule for
comments. Movants' motion to extend the time to respond will
therefore be denied as moot. The matter of the trackage removal is
already pending in the U.S. District Court for the Western District
of Washington on Ballard's motion for temporary restraining order,
which is scheduled to be heard on May 3, 2013.
ADDRESSES: Comments may be submitted either via the Board's e-filing
format or in the traditional paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at https://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. FD 35731, 395 E Street SW., Washington, DC 20423-0001.
In addition, send one copy of any comments to: (1) Myles L. Tobin,
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL
60606-2832; (2) Craig Watson, Port of Seattle, Pier 69, P.O. Box 1209,
Seattle, WA 98111; (3) Charles A. Spitulnik, Kaplan Kirsch & Rockwell
LLP, 1001 Connecticut Avenue NW., Washington, DC 20036; and (4) all
other parties of record to this proceeding.
FOR FURTHER INFORMATION CONTACT: Marc Lerner at 202-245-0390.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On April 2, 2013, Ballard filed a petition
under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C.
10902 to acquire the residual common carrier rights and obligations,
including the right to reinstitute rail service, and the physical
trackage assets of the Line, for a segment of the former BNSF
Woodinville Subdivision. This segment is currently subject to an
interim trail use/railbanking agreement between BNSF and King County, a
political subdivision of the State of Washington. The Port owns the
real estate associated with the Line, which it acquired from BNSF; \4\
the Port subsequently conveyed a portion of the Line to the City. In
King County, Wash.--Acquisition Exemption--BNSF Railway Company, FD
35148 (STB served Sept. 18, 2009), the Board granted a request by King
County for exemption from 49 U.S.C. 10901 to acquire BNSF's rights and
obligations, including the right to reinstate rail service in the
future.
---------------------------------------------------------------------------
\4\ The Port of Seattle--Acquisition Exemption--Certain Assets
of BNSF Ry., FD 35128 (STB served June 20, 2008).
---------------------------------------------------------------------------
Ballard's petition presents this issue: under what circumstances
will the Board grant a carrier's request to vacate a NITU to permit
reactivation of rail service when the petitioning carrier does not own
or have any other interest in the right-of-way. An interim trail use
arrangement is subject to being cut off at any time by the
reinstitution of service. 16 U.S.C. 1247(d). Here, the abandoning
railroad (BNSF) has transferred its rights and obligations, including
the right to reinstate rail service, to King County (which is also the
trail sponsor), and a different carrier, Ballard, seeks to reinstitute
service.
Ballard submits letters from two shippers that support the
reinstitution of rail service over the Line. CalPortland, a building
materials and construction services provider, states that it desires to
use the Line to receive hundreds of thousands of cubic yards per year
of construction materials for upcoming road projects. Wolford Trucking
& Demolition, Inc. (Wolford), a demolition and trucking services
provider, states that it plans to use the Line to ship an estimated
three million cubic yards of excavated materials, building demolition
waste, and roadway grading spoils over the next several years. Ballard
estimates that CalPortland and Wolford's use of the Line would
translate to approximately 50,000 carloads of freight.\5\
---------------------------------------------------------------------------
\5\ Ballard submits three additional letters generally in
support of an upgraded Eastside Rail Corridor: an open letter from
the Snohomish County Executive Director supporting multiple purpose
use of the Eastside Rail Corridor, including freight service; a
letter to the Kirkland City Council from the Mayor of Woodinville
requesting that the City delay the removal of the subject tracks
until the Eastside Rail Corridor Regional Advisory Council presents
its recommendations in Summer 2013; and a letter to Washington State
Senator Rosemary McAuliffe from the Mayor of Snohomish reiterating a
request for funding needed to upgrade the Eastside Rail Corridor.
---------------------------------------------------------------------------
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 17, 2014.
Decided: April 19, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-09760 Filed 4-24-13; 8:45 am]
BILLING CODE 4915-01-P
