CSX Transportation, Inc.-Joint Use-Louisville & Indiana Railroad Company, Inc., 64883-64884 [2014-25924]

Download as PDF Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices basis for the request appears to be to allow the petitioner to avoid having 31— DEPARTMENT OF TRANSPORTATION to test pole-exempted models for new MDB compliance—and possibly have to reengineer to achieve satisfactory results. Then, before the pole test exemption ended, Aston Martin would have to retest and reengineer these pole-exempted models for A SECOND TIME, in order to achieve both new MDB and Pole test compliance. NHTSA clearly sought to allow lead time to avoid this double burden. [Emphasis in text.] Surface Transportation Board The agency is denying Aston Martin’s request to be exempted from the MDB requirement. We conclude that an exemption is not necessary on the basis of the information before it. Aston Martin submitted FMVSS No. 214 MDB test data 32 of a DB9 Volante convertible, Vantage coupe, and Vantage Roadster convertible tested with the mid-size adult male side impact dummy (SID) that FMVSS No. 214 had specified for use in the MDB test prior to the ES–2re. The data show that the vehicles appear to have passed the performance thresholds of FMVSS No. 214’s MDB test by a wide margin with the SID. In the final rule adopting the new MDB requirements into FMVSS No. 214 (requirements which use the ES–2re), NHTSA set forth findings indicating that manufacturers would likely not need to modify vehicles to meet the new MBD requirements when using the ES–2re in place of the SID.33 Moreover, data indicate that vehicles that pass the MDB requirement using the SID will likely pass the MDB test using the ES– 2re. The DB9 and Vantage models have easily passed the MDB test using the SID. Thus, we believe that data indicate the DB9 and Vantage models will pass the MDB test with the ES–2re and do not need a temporary exemption from the new MDB requirement. Accordingly, NHTSA is denying petitioner’s request for an exemption from the new MDB requirement due to an absence of information showing such an exemption is needed. Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95. Dated: October 22, 2014. David J. Friedman, Deputy Administrator. [FR Doc. 2014–25892 Filed 10–30–14; 8:45 am] asabaliauskas on DSK5VPTVN1PROD with NOTICES BILLING CODE 4910–59–P 31 See Aston Martin petition for temporary exemption, p. 5. 32 Accorded confidential treatment by NHTSA. 33 NHTSA believed that vehicle modifications would likely result from adding the SID–IIs 5th percentile adult female dummy to the rear seat of the MDB test. See 72 FR at 51947. The SID–IIs is not used in tests of Aston Martin vehicles because the vehicles do not have a rear seat or one large enough to accommodate the SID–IIs. VerDate Sep<11>2014 19:47 Oct 30, 2014 Jkt 235001 [Docket No. FD 35866] Massachusetts Department of Transportation—Acquisition Exemption—Certain Assets of Housatonic Railroad Company, Inc. The Massachusetts Department of Transportation (MassDOT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Housatonic Railroad Company, Inc. (HRRC) and Maybrook Railroad Company (MRC) 1 certain railroad assets comprising a section of the ‘‘Berkshire Line,’’ extending from approximately milepost 50.0 at the MassachusettsConnecticut border at Sheffield, Mass., to a connection with CSX Transportation, Inc., at approximately milepost 86.3 at Pittsfield, Mass., a distance of approximately 36.3 miles (the Line). According to MassDOT, the acquisition of the Line is intended to facilitate the Commonwealth’s longterm plans to restore regional passenger train service linking the Berkshire region of western Massachusetts with the New York City metropolitan area and the Northeast Corridor megalopolis. MassDOT states that the acquisition of the Line is one step in what MassDOT anticipates will be an involved, multistep process that ultimately will lead to the establishment of a new railroad passenger service route in the Northeast. MassDOT states that, pursuant to a draft Purchase and Sale Contract, MassDOT has secured the right to purchase MRC’s and HRRC’s respective rights, title, and interest in the right-of-way, trackage, and other physical assets (such as signboard and fiber optics unrelated to the provision of common carrier freight service) associated with the Line, subject to HRRC’s retained exclusive, irrevocable, perpetual, assignable, divisible, licensable, and transferable freight railroad operating easement. MassDOT also states that it will not acquire the right, nor will it have the ability, to provide rail common carrier service over the Line.2 According to MassDOT, the agreements governing the subject asset sale and post-transaction railroad operations preclude MassDOT 1 MassDOT states that MRC is not a rail carrier for purposes of the present transaction and, therefore, is not listed in the proceeding caption. 2 A motion to dismiss the notice of exemption on grounds that the transaction does not require authorization from the Board was concurrently filed with this notice of exemption. The motion to dismiss will be addressed in a subsequent Board decision. PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 64883 from interfering materially with the provision of railroad common carrier service over the Line. MassDOT, however, will be entitled in the future to initiate (itself, or through a designated third party) intercity passenger service and regional commuter rail service over the Line. MassDOT states that the proposed transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. MassDOT certifies that, because it will conduct no freight operations on the line segment being acquired, its revenues from freight operations will not result in the creation of a Class I or Class II carrier. MassDOT also states that the parties expect to consummate the transaction on or about December 15, 2014, which is after the effective date of November 15, 2014. 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) 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 November 7, 2014 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35866, 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 Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: October 28, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–25938 Filed 10–30–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. FD 35523] CSX Transportation, Inc.—Joint Use— Louisville & Indiana Railroad Company, Inc. AGENCY: Surface Transportation Board, DOT. E:\FR\FM\31OCN1.SGM 31OCN1 64884 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices Issuance of Supplemental Environmental Assessment; request for comments. ACTION: On July 2, 2013, Applicants, CSX Transportation, Inc. (CSXT) and Louisville & Indiana Railroad Company, Inc. (L&I), filed an application with the Surface Transportation Board (Board) pursuant to 49 United States Code (U.S.C.) 11323 and 49 Code of Federal Regulations (CFR) part 1180. Applicants seek Board authority for CSXT to acquire from and jointly use with the L&I a perpetual, non-exclusive railroad operating easement over L&I’s rail line. The subject L&I rail line extends from a connection with CSXT in Indianapolis, Indiana at milepost (MP) 4.0, to a connection with CSXT in Louisville, Kentucky at MP 110.5 (L&I Line). The joint use and easement acquisition are referred to as the Proposed Transaction. Both CSXT and L&I would continue to use the L&I Line. CSXT would pay L&I $10 million dollars for the operating easement and would spend between $70 and $90 million to improve the rail line to allow CSXT to move longer, faster, and heavier trains. Currently, the L&I Line carries two to seven trains per day on the various sections of the line. Under the Proposed Transaction, CSXT would reroute some of its trains from current CSXT routes in the Indiana-Ohio-Kentucky region to a new route that includes the L&I Line in Indiana. The rerouting of these CSXT trains would add 13 to 15 trains per day over the various sections of the L&I Line. In August 2013, the Board’s Office of Environmental Analysis (OEA) issued a Draft Environmental Assessment (EA) that focused on the potential impacts of the proposed operational changes on the L&I Line, and also considered potential construction impacts associated with the extension of several rail line sidings and replacement of the Flatrock River Bridge, all on the L&I Line. During the public review and comment period on the Draft EA, OEA received comments that raised environmental issues that it had not addressed in the document. As a result, OEA decided to prepare a Supplemental EA focusing on the new environmental issues. Today, OEA has issued the Supplemental EA, which is available on the Board’s Web site, www.stb.dot.gov, by clicking ‘‘Decisions’’ under ‘‘Quick Links,’’ and locating the document under the service date of 10/31/2014. The Supplemental EA analyzes the potential operational impacts of CSXT moving additional trains on the following three CSXT rail lines: Indianapolis Terminal Subdivision— asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:51 Oct 30, 2014 Jkt 235001 Louisville Secondary Branch, Indianapolis Line Subdivision, and Louisville Connection. The Supplemental EA also quantifies potential impacts to wetlands, floodplains, and forested areas that could result from extending rail line sidings and replacing the Flatrock River Bridge on the L&I Line, and includes a review of potential changes in wildlife strikes that could occur under the Proposed Transaction. Additionally, the Indiana State Historic Preservation Office (SHPO) and OEA concur that (1) replacement of the Flatrock River Bridge would constitute an adverse effect on a historic property considered eligible for inclusion on the National Register of Historic Places; (2) avoidance of the adverse effect is not feasible if the L&I Line is to safely accommodate the modern rail traffic under the Proposed Transaction; (3) there appears to be no feasible alternative to bridge replacement and that documentation prior to removal would be an appropriate mitigation measure; (4) documentation completed by Applicants meets SHPO’s standards; and (5) a Memorandum of Agreement (MOA) would memorialize the mitigation measures (i.e., documentation) and resolve adverse effects of the undertaking. OEA prepared a draft MOA that SHPO indicates it would sign as currently drafted. The draft MOA is located in Appendix I of the Supplemental EA and interested parties are invited to comment. DATES: Interested parties are invited to submit written comments on the Supplemental EA by December 1, 2014 to assure full consideration. If you submitted comments on the Draft EA, you do not need to resubmit those comments. OEA will consider and respond to comments received on both the Draft EA and on today’s Supplemental EA in the Final EA. The Board will issue a final decision on the proposed transaction after issuance of the Final EA. Filing Environmental Comments: Comments submitted by mail should be addressed to: Dave Navecky, Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001, Attention: Environmental Filing, Docket No. FD 35523. Comments may also be submitted electronically on the Board’s Web site, www.stb.dot.gov, by clicking on the ‘‘E-FILING’’ link on the home page and then selecting ‘‘Environmental Comments.’’ Please refer to Docket No. FD 35523 in all correspondence, including e-filings, addressed to the Board. PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Dave Navecky at the address above or by phone at 202–245–0294. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. By the Board, Victoria Rutson, Director, Office of Environmental Analysis. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2014–25924 Filed 10–30–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35864] Escanaba & Lake Superior Railway Company—Lease and Operation Exemption—Rail Line of Wisconsin Central Ltd. in Menominee County, Mich., and Marinette County, Wis. Escanaba & Lake Superior Railway Company (E&LS), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Wisconsin Central Ltd., and to operate, pursuant to a non-exclusive lease agreement executed on September 30, 2014, approximately 2.8 miles of rail line that consists of the following segments: Track #129 at Menominee, in Menominee County, Mich., Track #270 at Marinette, Wis., and approximately 3,000 lineal feet of Track #115 at Marinette, in Marinette County, Wis. E&LS states that there are no mileposts on the subject line segments. According to E&LS, the lease agreement between the parties will facilitate providing switching services to shippers on the line segments. E&LS states that the lease does not contain any provision or agreement that may limit future interchange of traffic with a third-party connecting carrier. E&LS states that it expects to consummate the transaction on November 10, 2014. The earliest this transaction can be consummated is November 15, 2014, the effective date of this exemption (30 days after the verified notice of exemption was filed). E&LS certifies that its projected annual revenues as a result of this transaction will not result in E&LS becoming a Class I or Class II rail carrier and will not exceed $5 million. 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) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64883-64884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25924]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. FD 35523]


CSX Transportation, Inc.--Joint Use--Louisville & Indiana 
Railroad Company, Inc.

AGENCY: Surface Transportation Board, DOT.

[[Page 64884]]


ACTION: Issuance of Supplemental Environmental Assessment; request for 
comments.

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SUMMARY: On July 2, 2013, Applicants, CSX Transportation, Inc. (CSXT) 
and Louisville & Indiana Railroad Company, Inc. (L&I), filed an 
application with the Surface Transportation Board (Board) pursuant to 
49 United States Code (U.S.C.) 11323 and 49 Code of Federal Regulations 
(CFR) part 1180. Applicants seek Board authority for CSXT to acquire 
from and jointly use with the L&I a perpetual, non-exclusive railroad 
operating easement over L&I's rail line. The subject L&I rail line 
extends from a connection with CSXT in Indianapolis, Indiana at 
milepost (MP) 4.0, to a connection with CSXT in Louisville, Kentucky at 
MP 110.5 (L&I Line). The joint use and easement acquisition are 
referred to as the Proposed Transaction. Both CSXT and L&I would 
continue to use the L&I Line. CSXT would pay L&I $10 million dollars 
for the operating easement and would spend between $70 and $90 million 
to improve the rail line to allow CSXT to move longer, faster, and 
heavier trains.
    Currently, the L&I Line carries two to seven trains per day on the 
various sections of the line. Under the Proposed Transaction, CSXT 
would reroute some of its trains from current CSXT routes in the 
Indiana-Ohio-Kentucky region to a new route that includes the L&I Line 
in Indiana. The rerouting of these CSXT trains would add 13 to 15 
trains per day over the various sections of the L&I Line.
    In August 2013, the Board's Office of Environmental Analysis (OEA) 
issued a Draft Environmental Assessment (EA) that focused on the 
potential impacts of the proposed operational changes on the L&I Line, 
and also considered potential construction impacts associated with the 
extension of several rail line sidings and replacement of the Flatrock 
River Bridge, all on the L&I Line. During the public review and comment 
period on the Draft EA, OEA received comments that raised environmental 
issues that it had not addressed in the document. As a result, OEA 
decided to prepare a Supplemental EA focusing on the new environmental 
issues.
    Today, OEA has issued the Supplemental EA, which is available on 
the Board's Web site, www.stb.dot.gov, by clicking ``Decisions'' under 
``Quick Links,'' and locating the document under the service date of 
10/31/2014. The Supplemental EA analyzes the potential operational 
impacts of CSXT moving additional trains on the following three CSXT 
rail lines: Indianapolis Terminal Subdivision--Louisville Secondary 
Branch, Indianapolis Line Subdivision, and Louisville Connection. The 
Supplemental EA also quantifies potential impacts to wetlands, 
floodplains, and forested areas that could result from extending rail 
line sidings and replacing the Flatrock River Bridge on the L&I Line, 
and includes a review of potential changes in wildlife strikes that 
could occur under the Proposed Transaction.
    Additionally, the Indiana State Historic Preservation Office (SHPO) 
and OEA concur that (1) replacement of the Flatrock River Bridge would 
constitute an adverse effect on a historic property considered eligible 
for inclusion on the National Register of Historic Places; (2) 
avoidance of the adverse effect is not feasible if the L&I Line is to 
safely accommodate the modern rail traffic under the Proposed 
Transaction; (3) there appears to be no feasible alternative to bridge 
replacement and that documentation prior to removal would be an 
appropriate mitigation measure; (4) documentation completed by 
Applicants meets SHPO's standards; and (5) a Memorandum of Agreement 
(MOA) would memorialize the mitigation measures (i.e., documentation) 
and resolve adverse effects of the undertaking. OEA prepared a draft 
MOA that SHPO indicates it would sign as currently drafted. The draft 
MOA is located in Appendix I of the Supplemental EA and interested 
parties are invited to comment.

DATES: Interested parties are invited to submit written comments on the 
Supplemental EA by December 1, 2014 to assure full consideration. If 
you submitted comments on the Draft EA, you do not need to resubmit 
those comments. OEA will consider and respond to comments received on 
both the Draft EA and on today's Supplemental EA in the Final EA. The 
Board will issue a final decision on the proposed transaction after 
issuance of the Final EA.
    Filing Environmental Comments: Comments submitted by mail should be 
addressed to: Dave Navecky, Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001, Attention: Environmental Filing, Docket 
No. FD 35523. Comments may also be submitted electronically on the 
Board's Web site, www.stb.dot.gov, by clicking on the ``E-FILING'' link 
on the home page and then selecting ``Environmental Comments.'' Please 
refer to Docket No. FD 35523 in all correspondence, including e-
filings, addressed to the Board.

FOR FURTHER INFORMATION CONTACT: Dave Navecky at the address above or 
by phone at 202-245-0294. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.

    By the Board, Victoria Rutson, Director, Office of Environmental 
Analysis.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-25924 Filed 10-30-14; 8:45 am]
BILLING CODE 4915-01-P