Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley Railroad Company-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company, 36581-36582 [2014-15052]

Download as PDF Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Notices of the applicants exemption request, FMCSA ensured that the motor carriers involved have a current USDOT registration, Hazardous Materials Safety Permit (if required), minimum required levels of insurance, and are not subject to any ‘‘imminent hazard’’ or other OOS orders. The Agency conducted a comprehensive investigation of the safety performance history of each applicant during the review process. As part of this process, FMCSA reviewed its Motor Carrier Management Information System (MCMIS) safety records, including inspection and accident reports submitted to FMCSA by State agencies, for each applicant motor carrier. The Agency also requested and received a records review of each carrier from the Pipeline and Hazardous Materials Safety Administration (PHMSA). Upon completion of this comprehensive review, the Agency concludes that the applicants will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)], and grants the requested exemptions covering the operations of 50 CMV drivers employed by the applicants. However, the Agency limits the exemption to 2014 given the concerns expressed by the Advocates. Terms and Conditions of the Exemption wreier-aviles on DSK5TPTVN1PROD with NOTICES Period of the Exemption The exemptions from the requirements of 49 CFR 395.3(a)(2) are effective during the period of June 28 (12:01 a.m.) through July 8, 2014 (11:59 p.m.), inclusive. Extent of the Exemptions The drivers employed by the applicants are provided a limited exemption from the requirements of 49 CFR 395.3(a)(2). This regulation prohibits a driver from driving a CMV after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. Drivers covered by the exemptions may exclude off-duty and sleeper-berth time of any length from the calculation of the 14hour limit. The exemptions are contingent on each driver driving no more than 11 hours in the 14-hour period after coming on duty as extended by any off-duty or sleeper-berth time in accordance with this exemption. The exemptions are further contingent on each driver having a minimum of 10 consecutive hours off duty prior to beginning a new duty period. The carriers and drivers must comply with all other applicable requirements of the Federal Motor Carrier Safety VerDate Mar<15>2010 15:30 Jun 26, 2014 Jkt 232001 36581 Regulations (49 CFR parts 350–399) and Hazardous Materials Regulations (49 CFR parts 105–180). Issued on: June 20, 2014. Anne S. Ferro, Administrator. Other Conditions The exemptions are contingent upon each carrier maintaining USDOT registration, a Hazardous Materials Safety Permit (if required), minimum levels of public liability insurance, and not being subject to any ‘‘imminent hazard’’ or other out-of-service (OOS) order issued by FMCSA. Each driver covered by the exemptions must maintain a valid CDL with the required endorsements, not be subject to any OOS order or suspension of driving privileges, and meet all physical qualifications required by 49 CFR part 391. [FR Doc. 2014–15043 Filed 6–26–14; 8:45 am] Preemption During the periods the exemptions are in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemptions with respect to a person or entity operating under the exemptions (49 U.S.C. 31315(d)). FMCSA Accident Notification Exempt motor carriers must notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5) involving the operation of any of its CMVs while under this exemption. The notification must include the following information: a. Date of the accident, b. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident, c. Driver’s name and driver’s license number, d. Vehicle number and State license number, e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, h. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and i. The total driving time and the total on-duty time of the CMV driver at the time of the accident. Termination The FMCSA does not believe the two motor carriers and 50 drivers covered by the exemptions will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemptions. The FMCSA will immediately revoke the exemptions for failure to comply with its terms and conditions. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35841] Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley Railroad Company—Lease Exemption Containing Interchange Commitment— Norfolk Southern Railway Company Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley Railroad Company (YVRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease from Norfolk Southern Railway Company (NSR) and operate approximately 93 miles of rail line that extend: (1) Approximately from milepost K–37.0 at Rural Hall, Forsyth County, N.C., to milepost K–100.2 at North Wilkesboro, Wilkes County, N.C.; and (2) approximately from milepost CF–0.0 at Mount Airy, Surry County, N.C., to milepost CF–29.8 at Rural Hall, Forsyth County, N.C.1 YVRR and NSR have recently amended their original lease agreement. The amendment, among other things, extends the term of the original lease agreement. YVRR states that both the original lease agreement and the amended lease agreement contain a lease credit arrangement, which the Board has previously identified as a type of interchange commitment in Information Required in Notices and Petitions Containing Interchange Commitments, EP 714 (STB served Sept. 5, 2013). Accordingly, YVRR has provided the required information set forth at 49 CFR 1150.43(h)(1). However, YVRR and NSR assert that, under the facts of this transaction, the lease credit arrangement does not constitute an interchange commitment subject to the interchange commitment rules and have contemporaneously filed a joint motion to strike the information required under 49 CFR 1150.43(h) that YVRR has provided in its notice. The Board will address the motion to strike in a separate decision. 1 YVRR was granted authority to lease and operate the rail line in Piedmont & Atlantic Railroad—Lease & Operation Exemption—L&S Holding Co., FD 32462 (ICC served Mar. 29, 1994) (original lease agreement). Subsequently, YVRR became the lessee (rather than the sub-lessee) of the line at issue. E:\FR\FM\27JNN1.SGM 27JNN1 wreier-aviles on DSK5TPTVN1PROD with NOTICES 36582 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Notices YVRR has certified that its projected annual revenues as a result of this transaction will not result in YVRR’s becoming a Class II or Class I rail carrier. It appears, however, that its projected annual revenues will exceed $5 million. Accordingly, YVRR is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so. 49 CFR 1150.42(e). YVRR, concurrently with its notice of exemption, filed a petition for waiver of the 60-day advance labor notice requirement under § 1150.42(e), asserting that: (1) No NSR employees will be affected because no NSR employees have worked on the line since 1997; and (2) no YVRR employees will be affected because YVRR’s rail operations will remain substantially the same as its operations under the original lease agreement. YVRR’s waiver request will be addressed in a separate decision. YVRR states that it intends to consummate the transaction on or after the effective date of this notice. The Board will establish in the decision on the waiver request the earliest date this transaction may be consummated. 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 no later than July 3, 2014. An original and ten copies of all pleadings, referring to Docket No. FD 35841, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Rose-Michele Nardi, Transport Counsel PC, 1701 Pennsylvania Ave. NW., Ste. 300, Washington, DC 20006. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: June 24, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–15052 Filed 6–26–14; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 15:30 Jun 26, 2014 Jkt 232001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35835] Indiana Southern Railroad, LLC— Temporary Trackage Rights Exemption—Norfolk Southern Railway Company Norfolk Southern Railway Company (NSR), pursuant to a written trackage rights agreement (Agreement) dated May 19, 2014, has agreed to grant temporary overhead trackage rights to Indiana Southern Railroad, LLC (ISRR) over NSR’s line of railroad between milepost 0.8 EJ at Oakland City Junction, Ind., and milepost 4.8 EJ at Enosville, Ind., a distance of approximately 4.0 miles.1 The transaction may be consummated on or after July 12, 2014, the effective date of the exemption (30 days after the verified notice of exemption was filed). The temporary trackage rights are scheduled to expire on December 31, 2014. The purpose of the temporary trackage rights is to allow ISRR to bridge loaded and empty coal trains between Enosville and Oakland City Junction, for further movement over ISRR’s line to Petersburg, Ind. As a condition to this exemption, any employees affected by the acquisition of the temporary 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, Inc.—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line Railroad —Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it 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 no later than July 3, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35835, 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 Eric M. Hockey, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: June 24, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–15098 Filed 6–26–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request June 24, 2014. The Department of the Treasury will submit the following information collection request 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 July 28, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions 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 information collection request may be found at www.reginfo.gov. Internal Revenue Service (IRS) 1A redacted version of the Agreement between NSR and ISRR was filed with the notice of exemption. ISRR simultaneously filed a motion for protective order to protect the confidential and commercially sensitive information contained in the unredacted version of the Agreement, which ISRR submitted under seal in this proceeding. That motion will be addressed in a separate decision. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 OMB Number: 1545–2198. Type of Review: Revision of a currently approved collection. Title: Employee Health Insurance Expenses of Small Employers. Form: 8941. E:\FR\FM\27JNN1.SGM 27JNN1

Agencies

[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36581-36582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15052]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35841]


Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley 
Railroad Company--Lease Exemption Containing Interchange Commitment--
Norfolk Southern Railway Company

    Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley 
Railroad Company (YVRR), a Class III rail carrier, has filed a verified 
notice of exemption under 49 CFR 1150.41 to continue to lease from 
Norfolk Southern Railway Company (NSR) and operate approximately 93 
miles of rail line that extend: (1) Approximately from milepost K-37.0 
at Rural Hall, Forsyth County, N.C., to milepost K-100.2 at North 
Wilkesboro, Wilkes County, N.C.; and (2) approximately from milepost 
CF-0.0 at Mount Airy, Surry County, N.C., to milepost CF-29.8 at Rural 
Hall, Forsyth County, N.C.\1\
---------------------------------------------------------------------------

    \1\ YVRR was granted authority to lease and operate the rail 
line in Piedmont & Atlantic Railroad--Lease & Operation Exemption--
L&S Holding Co., FD 32462 (ICC served Mar. 29, 1994) (original lease 
agreement). Subsequently, YVRR became the lessee (rather than the 
sub-lessee) of the line at issue.
---------------------------------------------------------------------------

    YVRR and NSR have recently amended their original lease agreement. 
The amendment, among other things, extends the term of the original 
lease agreement. YVRR states that both the original lease agreement and 
the amended lease agreement contain a lease credit arrangement, which 
the Board has previously identified as a type of interchange commitment 
in Information Required in Notices and Petitions Containing Interchange 
Commitments, EP 714 (STB served Sept. 5, 2013). Accordingly, YVRR has 
provided the required information set forth at 49 CFR 1150.43(h)(1). 
However, YVRR and NSR assert that, under the facts of this transaction, 
the lease credit arrangement does not constitute an interchange 
commitment subject to the interchange commitment rules and have 
contemporaneously filed a joint motion to strike the information 
required under 49 CFR 1150.43(h) that YVRR has provided in its notice. 
The Board will address the motion to strike in a separate decision.

[[Page 36582]]

    YVRR has certified that its projected annual revenues as a result 
of this transaction will not result in YVRR's becoming a Class II or 
Class I rail carrier. It appears, however, that its projected annual 
revenues will exceed $5 million. Accordingly, YVRR is required, at 
least 60 days before this exemption is to become effective, to send 
notice of the transaction to the national offices of the labor unions 
with employees on the affected lines, post a copy of the notice at the 
workplace of the employees on the affected lines, and certify to the 
Board that it has done so. 49 CFR 1150.42(e).
    YVRR, concurrently with its notice of exemption, filed a petition 
for waiver of the 60-day advance labor notice requirement under Sec.  
1150.42(e), asserting that: (1) No NSR employees will be affected 
because no NSR employees have worked on the line since 1997; and (2) no 
YVRR employees will be affected because YVRR's rail operations will 
remain substantially the same as its operations under the original 
lease agreement. YVRR's waiver request will be addressed in a separate 
decision.
    YVRR states that it intends to consummate the transaction on or 
after the effective date of this notice. The Board will establish in 
the decision on the waiver request the earliest date this transaction 
may be consummated.
    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 no later than July 3, 2014.
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35841, must be filed with the Surface Transportation Board, 395 
E Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Rose-Michele Nardi, Transport Counsel PC, 
1701 Pennsylvania Ave. NW., Ste. 300, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: June 24, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-15052 Filed 6-26-14; 8:45 am]
BILLING CODE 4915-01-P
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