California High-Speed Rail Authority-Construction Exemption-In Fresno, Kings, Tulare, and Kern Counties, CA, 78507-78508 [2013-30825]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number for this notice at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS), including any personal information. Docket: For access to the dockets to read background documents or comments received, go to http:// www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Privacy Act: 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 document (or signing the document, 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) which may be viewed at http:// www.gpo.gov/fdsys/pkg/FR-2000-04-11/ pdf/00-8505.pdf. Registration: It is requested that attendees pre-register for this meeting by emailing TaNika Dyson at tanika.dyson.ctr@dot.gov. Failure to preregister may delay your access to the building. Participants attending in person are encouraged to arrive early to allow time for security checks necessary to obtain access to the building. FOR FURTHER INFORMATION CONTACT: Lucy DiGhionno or Dr. Kin Wong, Office of Hazardous Materials Safety, Research and Development, Department of Transportation, Washington, DC 20590; (202) 366–4545. SUPPLEMENTARY INFORMATION: The primary purpose of this meeting is to present the results of recently completed actions and to seek comments relative to potential new research projects which may be considered for inclusion in future work. PHMSA will consider comments received for proposed list of new projects identified in the draft agenda. The meeting agenda and event information may be obtained from PHMSA’s Web site at http:// phmhqnwas027vg.ad.dot.gov/about/ calendar. Topics on the agenda for the Research and Development Forum include: • Modeling for Toxic Inhalation Hazard Zones • Acute Exposure Guidelines and Emergency Response Guidebook Update VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 • Self-Contained Breathing Apparatus • Cargo Tank Rollover Special Study • Study on Improving Nurse Tank Safety • R&D Initiatives on Packaging Testing • Paperless Hazard Communications Pilot Program • Odorization of LP Gas • Safety Effectiveness of Pressure Relief Devices • Explosives Testing • Improving the Safety of Ammonium Nitrate Transport Magdy El-Sibaie, Associate Administrator. [FR Doc. 2013–30789 Filed 12–24–13; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35766] 78507 may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than January 2, 2014. An original and 10 copies of all pleadings, referring to Docket No. FD 35766, 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 Kristin M. Collins, Kelly & Collins, LLC, 96 High Street, Belfast, ME 04915. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: December 20, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2013–30824 Filed 12–24–13; 8:45 am] City of Belfast, Me.—Acquisition Exemption—Certain Assets of Belfast and Moosehead Lake Railroad Company BILLING CODE 4915–01–P The City of Belfast, Me. (the City), a noncarrier municipality, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire a line of railroad between Pierce Street in downtown Belfast, Me., to the Belfast/Waldo town line at milepost 3.14 (the Line).1 The City states that it acquired the Line from Unity Property Management by Release Deed dated July 2, 2010. The City now seeks Board authorization for that transaction. The City states that it has not provided any freight service over the Line and was not aware at the time that it needed Board authorization to acquire the Line. The City certifies that it derives only de minimis revenue from the Line and that the projected annual revenues as a result of this transaction will not exceed those that would qualify the City as a Class III rail carrier. The exemption will become effective on January 9, 2014.2 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) Surface Transportation Board 1 In a related proceeding currently held in abeyance, the City is seeking authorization to abandon a portion of the Line. See City of Belfast, Me.—Aban. Exemption—in Belfast, Me., Docket No. AB 1109X. 2 This notice was scheduled to be published in the Federal Register during the time that the agency was closed due to a lapse in appropriations. Publication of this notice was further delayed by the unique circumstances of this case and the related abandonment proceeding. As a result, the effective date of the exemption has been delayed. PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION [Docket No. FD 35724 (Sub-No. 1)] California High-Speed Rail Authority— Construction Exemption—In Fresno, Kings, Tulare, and Kern Counties, CA By petition filed on September 26, 2013, California High-Speed Rail Authority (Authority), a state agency formed in 1996, seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for authority to construct an approximately 114-mile high-speed passenger rail line between Fresno and Bakersfield, Cal. (the Line).1 In a decision served December 4, 2013, and published in the Federal Register on December 9, 2013 (78 Fed. Reg. 73,921), the Board instituted a proceeding and extended the deadline for comments on the transportation merits of the proposed construction to December 24, 2013. The Board also denied the Authority’s request that the Board conditionally grant the exemption authority by addressing the transportation aspects of the proposed project before the environmental review process has been completed. 1 By decision served June 13, 2013, in California High-Speed Rail Authority—Construction Exemption—in Merced, Madera, & Fresno Counties, Cal., FD 35724 (the main docket), the Board granted an exemption for the Authority to construct the first 65-mile segment of the planned California HighSpeed Train System (HST System), between Merced and Fresno, California. The Line is the second segment of the proposed HST System. E:\FR\FM\26DEN1.SGM 26DEN1 78508 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES On December 9, 2013, Michael LaSalle filed a letter requesting that the Board require the Authority to notify all landowners within and along the proposed Fresno-to-Bakersfield alignments, as well as all parties of record in the main docket (which pertains to the Merced-to-Fresno segment) of this proceeding and the comment deadline. LaSalle also requests that the Board amend the comment deadline to a reasonable time following the Authority’s and the Federal Railroad Administration’s issuance of the Final Environmental Impact Report/ Environmental Impact Statement (EIR/ EIS) and after their final decisions regarding the proposed project, including alignments and station locations, have been made. On December 16, 2013, the Community Coalition on High Speed Rail filed a letter joining in LaSalle’s requests. On December 12, 2013, the Citizens for California High Speed Rail Accountability (CCHSRA) filed a letter requesting that the Board extend the comment period to January 31, 2014, because it only recently became aware of the petition and because the December 24 deadline coincides with the holiday season.2 CCHSRA also requested that the Board consider providing notice to all impacted landowners in Fresno, Kings, Tulare, and Kern Counties. Notice of the Proceeding. Both LaSalle and CCHSRA request that all affected landowners be given direct notice of this proceeding. Generally, however, publication in the Federal Register is legally sufficient notice to interested or affected parties.3 Moreover, attempting to identify and provide direct notice to all landowners who might potentially be affected would be unworkable.4 Also, ample notice of the proposed construction project and opportunity to participate in the environmental review for the proposed project have been provided through the EIR/EIS process. That process included five public meetings in 2009 on the potential scope of the Draft EIR/EIS, three public hearings in 2011 on the Draft EIR/EIS, and three public hearings in 2012 on the Revised Draft EIR/Supplemental Draft EIS. All the meetings and hearings were 2 In a letter filed on December 17, 2013, William Descary, a Bakersfield resident, also requests an extension of the comment period to January 31, 2014, in light of the holiday season. 3 Friends of Sierra R.R. v. ICC, 881 F.2d 663, 667– 68 (9th Cir. 1989) (citing Fed. Crop Ins. Corp. v. Merrill, 332 U.S. 380 (1947)); accord State of Cal. ex rel. Lockyer v. FERC, 329 F.3d 700, 707 (9th Cir. 2003). 4 See Nat’l Trails Sys. Act & R.R. Rights of Way, EP 702, slip op. at 7–8 (STB served Feb. 16, 2011). VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 held in the project area including Fresno and Bakersfield. However, given the significant public interest in this proceeding, the Board will require the Authority to notify all parties of record in the main docket by providing them with a copy of its petition for exemption in this subdocket, as well as a copy of this decision, by January 3, 2014, and to certify contemporaneously to the Board that it has done so. Those parties, and any other interested persons who wish to participate in this sub-docket as a party of record, will then have until January 21, 2014, to notify the Board of their intent to participate in this subdocket as a party of record. Only persons who participate as a party of record in this sub-docket by filing a notice of intent or filing comments (or both) will be entitled to service of pleadings and subsequent Board decisions in this sub-docket. Extension of the Comment Period. In recognition of the new notice procedure set forth above, and taking into consideration the requests for an extension of the current comment deadline, we will extend the deadline for comments on the transportation to February 14, 2014. This extension should provide sufficient time for interested persons to comment on the proposed transaction. Waiver of service requirement for individual private citizens. The Board is interested in encouraging public participation by all interested persons in this proceeding. As was done in the main docket,5 to help create a comprehensive record that embodies the full spectrum of interests involved and to facilitate the ability of individual private citizens to participate in that process, the service requirements of 49 CFR 1104.12(a), which require every document filed with the Board to be served upon all parties to the proceeding, will be waived for individual private citizens who file comments in this proceeding. Thus, filings made by individual private citizens will be included in the public record of this proceeding (and posted on the Board’s Web site) regardless of whether the filings comply with the service requirements of § 1104.12(a). All other parties of record, including citizen organizations, are expected to comply with the Board’s service requirement regulations and serve all parties of record listed on the Board’s service list for this proceeding. 5 See Cal. High-Speed Rail Auth.—Constr. Exemption—in Merced, Madera, & Fresno Cntys., Cal., FD 35724 (STB served May 14, 2013). PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. Replies to the petition for exemption are due by February 14, 2014. 2. As discussed above in this decision, the Authority must notify all parties of record in the main docket of this proceeding of the proposed transaction by January 3, 2014, and certify contemporaneously to the Board that it has done so. 3. Any person who wishes to participate in this proceeding as a party of record must file with the Board a notice of intent to participate by January 21, 2014. 4. The service requirements under 49 CFR 1104.12(a) are waived for individual private citizens participating in this proceeding. 5. This decision will be published in the Federal Register. 6. This decision is effective on its service date. Decided: December 20, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–30825 Filed 12–24–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 290 (Sub-No. 5) (2014–1)] Quarterly Rail Cost Adjustment Factor AGENCY: Surface Transportation Board, DOT. ACTION: Approval of rail cost adjustment factor. The Board has approved the first quarter 2014 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2014 RCAF (Unadjusted) is 0.980. The first quarter 2014 RCAF (Adjusted) is 0.424. The first quarter 2014 RCAF–5 is 0.400. DATES: Effective Date: January 1, 2014. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339. SUPPLEMENTARY INFORMATION: In Railroad Cost Recovery Procedures, 1 I.C.C. 2d 207 (1984), the Interstate Commerce Commission (ICC) outlined the procedures for calculating the allinclusive index of railroad input prices SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78507-78508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30825]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35724 (Sub-No. 1)]


California High-Speed Rail Authority--Construction Exemption--In 
Fresno, Kings, Tulare, and Kern Counties, CA

    By petition filed on September 26, 2013, California High-Speed Rail 
Authority (Authority), a state agency formed in 1996, seeks an 
exemption under 49 U.S.C. 10502 from the prior approval requirements of 
49 U.S.C. 10901 for authority to construct an approximately 114-mile 
high-speed passenger rail line between Fresno and Bakersfield, Cal. 
(the Line).\1\
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    \1\ By decision served June 13, 2013, in California High-Speed 
Rail Authority--Construction Exemption--in Merced, Madera, & Fresno 
Counties, Cal., FD 35724 (the main docket), the Board granted an 
exemption for the Authority to construct the first 65-mile segment 
of the planned California High-Speed Train System (HST System), 
between Merced and Fresno, California. The Line is the second 
segment of the proposed HST System.
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    In a decision served December 4, 2013, and published in the Federal 
Register on December 9, 2013 (78 Fed. Reg. 73,921), the Board 
instituted a proceeding and extended the deadline for comments on the 
transportation merits of the proposed construction to December 24, 
2013. The Board also denied the Authority's request that the Board 
conditionally grant the exemption authority by addressing the 
transportation aspects of the proposed project before the environmental 
review process has been completed.

[[Page 78508]]

    On December 9, 2013, Michael LaSalle filed a letter requesting that 
the Board require the Authority to notify all landowners within and 
along the proposed Fresno-to-Bakersfield alignments, as well as all 
parties of record in the main docket (which pertains to the Merced-to-
Fresno segment) of this proceeding and the comment deadline. LaSalle 
also requests that the Board amend the comment deadline to a reasonable 
time following the Authority's and the Federal Railroad 
Administration's issuance of the Final Environmental Impact Report/
Environmental Impact Statement (EIR/EIS) and after their final 
decisions regarding the proposed project, including alignments and 
station locations, have been made. On December 16, 2013, the Community 
Coalition on High Speed Rail filed a letter joining in LaSalle's 
requests.
    On December 12, 2013, the Citizens for California High Speed Rail 
Accountability (CCHSRA) filed a letter requesting that the Board extend 
the comment period to January 31, 2014, because it only recently became 
aware of the petition and because the December 24 deadline coincides 
with the holiday season.\2\ CCHSRA also requested that the Board 
consider providing notice to all impacted landowners in Fresno, Kings, 
Tulare, and Kern Counties.
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    \2\ In a letter filed on December 17, 2013, William Descary, a 
Bakersfield resident, also requests an extension of the comment 
period to January 31, 2014, in light of the holiday season.
---------------------------------------------------------------------------

    Notice of the Proceeding. Both LaSalle and CCHSRA request that all 
affected landowners be given direct notice of this proceeding. 
Generally, however, publication in the Federal Register is legally 
sufficient notice to interested or affected parties.\3\ Moreover, 
attempting to identify and provide direct notice to all landowners who 
might potentially be affected would be unworkable.\4\ Also, ample 
notice of the proposed construction project and opportunity to 
participate in the environmental review for the proposed project have 
been provided through the EIR/EIS process. That process included five 
public meetings in 2009 on the potential scope of the Draft EIR/EIS, 
three public hearings in 2011 on the Draft EIR/EIS, and three public 
hearings in 2012 on the Revised Draft EIR/Supplemental Draft EIS. All 
the meetings and hearings were held in the project area including 
Fresno and Bakersfield.
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    \3\ Friends of Sierra R.R. v. ICC, 881 F.2d 663, 667-68 (9th 
Cir. 1989) (citing Fed. Crop Ins. Corp. v. Merrill, 332 U.S. 380 
(1947)); accord State of Cal. ex rel. Lockyer v. FERC, 329 F.3d 700, 
707 (9th Cir. 2003).
    \4\ See Nat'l Trails Sys. Act & R.R. Rights of Way, EP 702, slip 
op. at 7-8 (STB served Feb. 16, 2011).
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    However, given the significant public interest in this proceeding, 
the Board will require the Authority to notify all parties of record in 
the main docket by providing them with a copy of its petition for 
exemption in this sub-docket, as well as a copy of this decision, by 
January 3, 2014, and to certify contemporaneously to the Board that it 
has done so. Those parties, and any other interested persons who wish 
to participate in this sub-docket as a party of record, will then have 
until January 21, 2014, to notify the Board of their intent to 
participate in this sub-docket as a party of record. Only persons who 
participate as a party of record in this sub-docket by filing a notice 
of intent or filing comments (or both) will be entitled to service of 
pleadings and subsequent Board decisions in this sub-docket.
    Extension of the Comment Period. In recognition of the new notice 
procedure set forth above, and taking into consideration the requests 
for an extension of the current comment deadline, we will extend the 
deadline for comments on the transportation to February 14, 2014. This 
extension should provide sufficient time for interested persons to 
comment on the proposed transaction.
    Waiver of service requirement for individual private citizens. The 
Board is interested in encouraging public participation by all 
interested persons in this proceeding. As was done in the main 
docket,\5\ to help create a comprehensive record that embodies the full 
spectrum of interests involved and to facilitate the ability of 
individual private citizens to participate in that process, the service 
requirements of 49 CFR 1104.12(a), which require every document filed 
with the Board to be served upon all parties to the proceeding, will be 
waived for individual private citizens who file comments in this 
proceeding. Thus, filings made by individual private citizens will be 
included in the public record of this proceeding (and posted on the 
Board's Web site) regardless of whether the filings comply with the 
service requirements of Sec.  1104.12(a). All other parties of record, 
including citizen organizations, are expected to comply with the 
Board's service requirement regulations and serve all parties of record 
listed on the Board's service list for this proceeding.
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    \5\ See Cal. High-Speed Rail Auth.--Constr. Exemption--in 
Merced, Madera, & Fresno Cntys., Cal., FD 35724 (STB served May 14, 
2013).
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    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Replies to the petition for exemption are due by February 14, 
2014.
    2. As discussed above in this decision, the Authority must notify 
all parties of record in the main docket of this proceeding of the 
proposed transaction by January 3, 2014, and certify contemporaneously 
to the Board that it has done so.
    3. Any person who wishes to participate in this proceeding as a 
party of record must file with the Board a notice of intent to 
participate by January 21, 2014.
    4. The service requirements under 49 CFR 1104.12(a) are waived for 
individual private citizens participating in this proceeding.
    5. This decision will be published in the Federal Register.
    6. This decision is effective on its service date.

    Decided: December 20, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-30825 Filed 12-24-13; 8:45 am]
BILLING CODE 4915-01-P