CSX Transportation, Inc.-Trackage Rights Exemption-Louisville & Indiana Railroad Company, 26301-26302 [2014-10481]

Download as PDF pmangrum on DSK3VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices valuable real estate. Trains parked in sidings may present attractive nuisances to children and vandals, and, in the case of tank cars containing hazardous materials, may present serious security or health risks. Grade crossings may present safety risks to the cars and pedestrians that must cross the tracks. These same crossings create inconveniences when long trains block crossings for extended periods of time and sound horns as they operate through crossings in neighborhoods. In some cases, trains operate over lines at speeds that are suited for the type of track but often present safety concerns to those in the surrounding community. In some cases, rail lines have become so congested that communities experience what they perceive as almost continuous train traffic. In short, rail lines, which once brought economic prosperity and social cohesion, are now sometimes viewed as factors in the decline of both. In many cases, however, these same communities rely heavily on rail traffic. Local industries must be served and passengers, both long distance riders and daily commuters, need convenient access to population and employment centers. Thus, the presence of the railroad is not the problem. Instead, the physical location of the tracks creates tension between the need for the railroad and the problems the physical infrastructure of the railroad creates. In an effort to satisfy all constituents, State and local governments are looking for ways to eliminate the problems created by the increased demand on the infrastructure while still maintaining the benefits the railroad provides. Many times, the solution is merely to relocate the track in question to an area that is better suited for it. For example, a recently completed relocation project in Greenwood, Mississippi, eliminated twelve at-grade highway-rail crossings, which greatly improved safety for motorists and eliminated blocked crossings. With that success in mind, Mississippi is currently looking to relocate two main lines that run through the heart of the Central Business District in Tupelo. Combined, these two lines cross 26 highways in the city, and all but one are at-grade crossings. One of the options the State is considering is laterally relocating the lines outside of the business district. In some situations, vertical relocation may be the best solution. For example, Nevada has undertaken the Reno Transportation Rail Access Project (ReTRAC), the purpose of which is to ‘‘sink’’ 33 feet below the ground in a trench the approximately 2.25 mile segment of track that runs through Reno. VerDate Mar<15>2010 15:11 May 06, 2014 Jkt 232001 Both the Union Pacific Railroad Company (UP) and Amtrak operate over this line. The project will allow for the closing of 11 grade crossings, and will generally improve both highway efficiency and highway safety, as well as the safety and efficiency of the trains that operate through Reno. Many of these relocation projects, like the ReTRAC project, are expensive, and State and local governments lack the resources to undertake them. In addition to relocation projects, many communities are eager to improve existing rail infrastructure in an effort to mitigate the negative effects of rail traffic on safety in general, motor vehicle traffic flow, economic development, or the overall quality of life of the community. For example, in an effort to improve train speed and reduce the risk of derailments, rail lines that were built a century ago with sharp curves can be straightened. Furthermore, significant efficiencies can be gained and safety enhanced by, as examples, extending passing tracks and yard lead tracks, and adding track circuits and signal spacing changes. On August 10, 2005, President George W. Bush signed SAFETEA–LU (Pub. L. 109–59) into law. Section 9002 of SAFETEA–LU amended chapter 201 of Title 49 of the United States Code by adding new section 20154, which establishes the basic elements of a funding program for capital grants for rail relocation and improvement projects. Subsection (b) of the new section 20154 mandates that the Secretary of Transportation issue ‘‘temporary regulations’’ to implement the capital grants program and then issue final regulations by October 1, 2006. In FY 2008, Congress appropriated $20,145,000 for the Program, reduced by rescission to $20,040,200. Of this sum, $14,905,000 was available for discretionary (competitive) grants. After evaluating and scoring 37 applications, FRA awarded $14,315,300 to seven different projects, leaving $589,700. In FY 2009, Congress appropriated $25,000,000 and directed that $17,100,000 be awarded to 23 specific projects, with $7,900,000 left over for discretionary grants. Subsequently, in FY 2010, Congress appropriated $34,532,000 for the Program, and directed that $24,519,200 go to 27 specifically enumerated projects. FRA combined the remaining $10,012,800 with the $589,700 that was not awarded from the FY 2008 competition, $2,000,000 that was awarded to one of the FY 2008 projects but which the project sponsors ultimately turned down, and the $7,900,000 in FY 2009 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 26301 discretionary funding for a total of $20,502,500. These funds were the subject of a Notice of Funding Availability that FRA published in the Federal Register on September 10, 2010. The application period closed on October 29, 2010. Form Number(s): Progress Report, Federally-owned Property Report, SF– 269, SF–271, SF–270, DOT F 200.1. Affected Public: State and local governments, government sponsored authorities and corporations, railroads. Frequency of Submission: On occasion; record keeping. Total Estimated Responses: 121. Total Estimated Annual Burden: 26,083 hours. Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Rebecca Pennington, Chief Financial Officer. [FR Doc. 2014–10483 Filed 5–6–14; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 33744 (Sub-No. 1)] CSX Transportation, Inc.—Trackage Rights Exemption—Louisville & Indiana Railroad Company CSX Transportation, Inc. (CSXT) and Louisville & Indiana Railroad Company (LIRC), pursuant to a written trackage rights agreement dated January 1, 2014 (the 2014 Agreement), have agreed to modify the compensation pertaining to overhead trackage rights LIRC previously granted to CSXT 1 under a trackage rights agreement entered into in 2000 (the 2000 Agreement). The trackage rights are over LIRC’s line between milepost 110.56, at Louisville, Ky., and milepost 4.0, at Indianapolis, Ind., a distance of approximately 106.5 miles (including the ability to enter and exit the line at Seymour, Ind.).2 1 See CSX Transp., Inc.—Trackage Rights Exemption—Louisville & Ind. R.R., FD 33744 (STB served June 21, 2001). 2 Redacted versions of the 2000 Agreement and 2014 Agreement were filed with the notice of exemption. The full versions of the agreements, as required by 49 CFR 1180.6(a)(7)(ii), were concurrently filed under seal along with a motion for protective order. That motion will be addressed in a separate decision. E:\FR\FM\07MYN1.SGM 07MYN1 pmangrum on DSK3VPTVN1PROD with NOTICES 26302 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices The transaction is scheduled to be consummated on or after May 21, 2014, the effective date of the exemption (30 days after the exemption was filed). CSXT states that there will be no change in CSXT’s operation of the line and that LIRC’s operations will not change. According to CSXT, the compensation paid by CSXT to LIRC under the 2000 Agreement consists of a fixed annual fee and a per car fee, adjusted annually for inflation, while under the 2014 Agreement (which will replace the 2000 Agreement), CSXT will: (1) Pay LIRC a one-time fee to complete the annual fee payments; (2) pay LIRC a per car-mile fee; (3) allocate maintenance expenses based on use of the line; (4) allocate operating expenses based on use of the line; and (5) include an annual inflation adjustment. CSXT states that the 2014 Agreement will be superseded 3 by the Joint Use Agreement at issue in CSX Transportation, Inc.—Joint Use— Louisville & Indiana Railroad Company, Docket No. FD 35523, if the Board grants the authority sought in that docket. The purpose of this transaction is to allow CSXT to use the line to serve overhead traffic and to enter and exit the line at Seymour, Ind. As a condition to this 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). This notice is filed under 49 CFR 1180.2(d)(7). 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 a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed by May 14, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 33744 (Sub-No. 1), 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 Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. 3 Because, as noted below, this notice is filed under 1180.2(d)(7), not the temporary trackage rights class exemption under 1180.2(d)(8), separate discontinuance authority will be needed to terminate this trackage rights exemption. VerDate Mar<15>2010 15:11 May 06, 2014 Jkt 232001 Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: May 1, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2014–10481 Filed 5–6–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 13469 Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the name of one individual and one entity whose property and interests in property have been unblocked pursuant to Executive Order 13469 of July 25, 2008, ‘‘Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe.’’ DATES: The unblocking and removal from the list of Specially Designated Nationals and Blocked Persons (‘‘SDN List’’) of the individual and entity identified in this notice, pursuant to Executive Order 13469 of July 25, 2008, is effective April 17, 2014. 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.treas.gov/ofac) or via facsimile through a 24-hour fax-on-demand service, Tel.: 202/622–0077. Background On March 6, 2003, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–06) (‘‘IEEPA’’) issued Executive Order 13288 (68 FR 11457, March 10, 2003). In Executive Order 13288, the President declared a national emergency to deal with the threat posed by the actions and policies of certain members of the PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Government of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions, contributing to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated violence and intimidation in that country, and to political and economic instability in the southern African region. The Annex to Executive Order 13288 included 77 individuals. Executive Order 13288 also authorized the Secretary of the Treasury, in consultation with the Secretary of State, to designate additional persons determined to meet the criteria set forth in Executive Order 13288. On November 22, 2005, in order to take additional steps with respect to the continued actions and policies of certain persons who undermine Zimbabwe’s democratic processes and with respect to the national emergency described and declared in Executive Order 13288, the President, invoking the authority of, inter alia, IEEPA, issued Executive Order 13391 (70 FR 71201, November 25, 2005). Executive Order 13391 amends Executive Order 13288 and provides that the Annex to Executive Order 13288 is replaced and superseded in its entirety by the Annex to Executive Order 13391, containing the names of 128 individuals and 33 entities. Executive Order 13288, as amended by Executive Order 13391, authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to block the property and interests in property of additional categories of persons beyond the category set forth in Executive Order 13288 prior to its amendment. On July 25, 2008, the President, invoking the authority of, inter alia, IEEPA, issued Executive Order 13469 ‘‘Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe’’ (the ‘‘Order’’). In the Order, the President took additional steps with respect to the national emergency declared in Executive Order 13288 and relied upon for additional steps taken in Executive Order 13391 in order to address the continued political repression and the undermining of democratic processes and institutions in Zimbabwe. The Order authorized the Secretary of the Treasury, in consultation with the Secretary of State, to block the property and interests in property of persons determined to have engaged in actions or policies to undermine democratic processes or institutions in Zimbabwe, to commit acts of violence and other human rights abuses against political opponents, and to engage in public corruption. E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26301-26302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10481]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 33744 (Sub-No. 1)]


CSX Transportation, Inc.--Trackage Rights Exemption--Louisville & 
Indiana Railroad Company

    CSX Transportation, Inc. (CSXT) and Louisville & Indiana Railroad 
Company (LIRC), pursuant to a written trackage rights agreement dated 
January 1, 2014 (the 2014 Agreement), have agreed to modify the 
compensation pertaining to overhead trackage rights LIRC previously 
granted to CSXT \1\ under a trackage rights agreement entered into in 
2000 (the 2000 Agreement). The trackage rights are over LIRC's line 
between milepost 110.56, at Louisville, Ky., and milepost 4.0, at 
Indianapolis, Ind., a distance of approximately 106.5 miles (including 
the ability to enter and exit the line at Seymour, Ind.).\2\
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    \1\ See CSX Transp., Inc.--Trackage Rights Exemption--Louisville 
& Ind. R.R., FD 33744 (STB served June 21, 2001).
    \2\ Redacted versions of the 2000 Agreement and 2014 Agreement 
were filed with the notice of exemption. The full versions of the 
agreements, as required by 49 CFR 1180.6(a)(7)(ii), were 
concurrently filed under seal along with a motion for protective 
order. That motion will be addressed in a separate decision.

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[[Page 26302]]

    The transaction is scheduled to be consummated on or after May 21, 
2014, the effective date of the exemption (30 days after the exemption 
was filed).
    CSXT states that there will be no change in CSXT's operation of the 
line and that LIRC's operations will not change. According to CSXT, the 
compensation paid by CSXT to LIRC under the 2000 Agreement consists of 
a fixed annual fee and a per car fee, adjusted annually for inflation, 
while under the 2014 Agreement (which will replace the 2000 Agreement), 
CSXT will: (1) Pay LIRC a one-time fee to complete the annual fee 
payments; (2) pay LIRC a per car-mile fee; (3) allocate maintenance 
expenses based on use of the line; (4) allocate operating expenses 
based on use of the line; and (5) include an annual inflation 
adjustment.
    CSXT states that the 2014 Agreement will be superseded \3\ by the 
Joint Use Agreement at issue in CSX Transportation, Inc.--Joint Use--
Louisville & Indiana Railroad Company, Docket No. FD 35523, if the 
Board grants the authority sought in that docket.
---------------------------------------------------------------------------

    \3\ Because, as noted below, this notice is filed under 
1180.2(d)(7), not the temporary trackage rights class exemption 
under 1180.2(d)(8), separate discontinuance authority will be needed 
to terminate this trackage rights exemption.
---------------------------------------------------------------------------

    The purpose of this transaction is to allow CSXT to use the line to 
serve overhead traffic and to enter and exit the line at Seymour, Ind.
    As a condition to this 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). This 
notice is filed under 49 CFR 1180.2(d)(7). 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 a petition to revoke will not automatically stay 
the effectiveness of the exemption. Petitions for stay must be filed by 
May 14, 2014 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 33744 (Sub-No. 1), 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 Louis E. Gitomer, Law Offices of 
Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: May 1, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-10481 Filed 5-6-14; 8:45 am]
BILLING CODE 4915-01-P

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