Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake Erie and Western Railway-Discontinuance of Service Exemption-in Lucas County, Ohio, 31094-31095 [2015-13096]

Download as PDF Lhorne on DSK2VPTVN1PROD with NOTICES 31094 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices The mislabeling does not cause any safety problems, such as increasing the probability of tire failure, and it is unlikely to result in unsafe use of the tires. The agency also believes that the noncompliance of the subject tires with the ply labeling requirements of paragraph S5.5(f) of FMVSS No. 139 is inconsequential to motor vehicle safety because the noncompliance does not affect the operational safety of the vehicles on which these tires are mounted. Although tire construction affects the strength and durability, information relating tire strength and durability to the number of plies and types of ply cord material in the tread and sidewall is not readily available to tire dealers and consumers. Therefore, tire dealers and consumers should consider the tire construction information along with other information such as load capacity, maximum inflation pressure, and tread wear, temperature, and traction ratings, to assess performance capabilities of various tires. In the agency’s judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the number of plies in a tire. NHTSA has also considered the safety of personnel working in the tire retread, repair, and recycling industries in assessing whether the noncompliance of the subject tires with paragraph S5.5(f) FMVSS No. 139 is inconsequential to motor vehicle safety. The agency believes the noncompliance will have no measurable effect on the safety of tire retread, repair, and recycling industries. The use of steel cord construction in the sidewall and tread is the primary safety concern of these industries. In this case, since the tire sidewall is marked correctly for the number of steel plies, this potential safety concern does not exist. NHTSA Decision: In consideration of the foregoing, NHTSA has decided that CTA has met its burden of persuasion that the FMVSS No. 139 noncompliance is inconsequential to motor vehicle safety. Accordingly, CTA’s petition is hereby granted and CTA is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject noncompliant tires that CTA no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after CTA notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–13109 Filed 5–29–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 377X)]; [Docket No. AB 1231X] Norfolk Southern Railway Company— Discontinuance of Service Exemption—in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake Erie and Western Railway— Discontinuance of Service Exemption—in Lucas County, Ohio Norfolk Southern Railway Company (NSR) and Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway (TLEW) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service for NSR to discontinue rail service, and for TLEW to discontinue lease operations, over approximately 1.80-miles of rail line owned by NSR between milepost TS 13.2 near Maumee, to milepost TS 15.0 at Waterville, in Lucas County, Ohio (the Line). Applicants state that TLEW originally obtained authority to operate the Line in 2012; 1 however, TLEW did not conduct any business on the Line and eventually defaulted on the lease. Thereafter, NSR cancelled the lease pursuant to the terms of the parties’ contract, and NSR has been given power of attorney to file for discontinuance of TLEW’s lease operations on TLEW’s 1 Midwest Rail, LLC d/b/a Toledo, Lake Erie & W. Ry.—Lease & Operation Exemption—Norfolk S. Ry., FD 35634 (STB served June 29, 2012). PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 behalf. The Line traverses United States Postal Service Zip Codes 43537 and 43566. Applicants have certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and overhead traffic, if any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, these exemptions will be effective on July 1, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 2 must be filed by June 11, 2015.3 Petitions to reopen must be filed by June 22, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicants’ representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. If the notice contains false or misleading information, these exemptions are void ab initio. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 3 Because applicants are seeking to discontinue service, not to abandon the Line, trail use/rail banking and public use conditions are not appropriate. E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices Decided: May 27, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–13096 Filed 5–29–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Privacy Act of 1974, as Amended Office of the Comptroller of the Currency, Treasury. ACTION: Notice of proposed new Privacy Act system of records. AGENCY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Office of the Comptroller of the Currency (OCC) gives notice of a proposed new system of records entitled ‘‘Treasury/CC .800— Office of Inspector General Investigations System.’’ DATES: Comments must be received no later than July 1, 2015. This new system of records will be effective July 6, 2015 unless the OCC receives comments that would result in a contrary determination. SUMMARY: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Please use the title ‘‘Notice of Proposed New Privacy Act System of Records’’ to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods: • Email: regs.comments@ occ.treas.gov. • Mail: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. • Fax: (571) 465–4326. Instructions: You must include ‘‘OCC’’ as the agency name and the docket number in your comment. In general, OCC will enter all comments received into the docket without change, including any business or personal information that you provide such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record Lhorne on DSK2VPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this notice by appearing personally to inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. FOR FURTHER INFORMATION CONTACT: Kristin Merritt, Special Counsel, Administrative and Internal Law, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. Phone: (202) 649–5585 (not a toll-free number). By this notice, the OCC announces its intent to maintain a new Privacy Act system of records in its Office of Enterprise Governance and the Ombudsman. A proposed rule exempting the proposed system of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) will be published separately in the Federal Register. As required by 5 U.S.C. 552a(r), a report of a new system of records has been provided to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget. The system of records entitled ‘‘Treasury/CC .800—Office of Inspector General Investigations System’’ is published in its entirety below. SUPPLEMENTARY INFORMATION: Helen Goff Foster, Deputy Assistant Secretary for Privacy, Transparency, and Records. Treasury/CC .800 SYSTEM NAME: Office of Inspector General Investigations System SYSTEM LOCATION: OCC Headquarters, Office of Enterprise Governance and the Ombudsman, 400 7th Street SW., Washington, DC. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: (1) Current and former OCC employees who are being investigated PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 31095 by the Treasury Office of the Inspector General; (2) Current and former OCC contractors who are being investigated by the Treasury Office of the Inspector General (OIG); and (3) Current and former directors, officers, employees, shareholders, and independent contractors of financial institutions who are being investigated by the OIG. CATEGORIES OF RECORDS IN THE SYSTEM: Referrals regarding potential or alleged violations of laws, rules or regulations; names of targets, complainants, managers, Enterprise Governance staff and other government employees who may be named in referral or investigative documents; documents regarding resolutions and remedial action in connection with referrals; other supporting documentation, including bank-related information, investigative documentation, and correspondence related to investigations. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. App. 3; 12 U.S.C. 1, as amended; 31 CFR 0.207. PURPOSES(S): This system of records is used by the OCC to monitor the OIG’s referrals and investigations related to the OCC. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system may be disclosed to: (1) An OCC-regulated entity when the information is relevant to the entity’s operations; (2) Third parties to the extent necessary to obtain information that is relevant to an investigation; (3) Appropriate governmental or selfregulatory organizations when the OCC determines that the records are relevant and necessary to the governmental or self-regulatory organization’s regulation and supervision of financial service providers, including the review of the qualifications and fitness of individuals who are or propose to become responsible for the business operations of such providers; (4) An appropriate governmental, international, tribal, self-regulatory, or professional organization if the information is relevant to a known or suspected violation of a law or licensing standard within that organization’s jurisdiction; (5) A Federal, State, local, or tribal agency, or other public authority, which has requested information relevant or necessary to hiring or retaining an E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31094-31095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13096]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 377X)]; [Docket No. AB 1231X]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake 
Erie and Western Railway--Discontinuance of Service Exemption--in Lucas 
County, Ohio

    Norfolk Southern Railway Company (NSR) and Midwest Rail, LLC d/b/a 
Toledo, Lake Erie and Western Railway (TLEW) (collectively, applicants) 
have jointly filed a verified notice of exemption under 49 CFR part 
1152 subpart F--Exempt Abandonments and Discontinuances of Service for 
NSR to discontinue rail service, and for TLEW to discontinue lease 
operations, over approximately 1.80-miles of rail line owned by NSR 
between milepost TS 13.2 near Maumee, to milepost TS 15.0 at 
Waterville, in Lucas County, Ohio (the Line). Applicants state that 
TLEW originally obtained authority to operate the Line in 2012; \1\ 
however, TLEW did not conduct any business on the Line and eventually 
defaulted on the lease. Thereafter, NSR cancelled the lease pursuant to 
the terms of the parties' contract, and NSR has been given power of 
attorney to file for discontinuance of TLEW's lease operations on 
TLEW's behalf. The Line traverses United States Postal Service Zip 
Codes 43537 and 43566.
---------------------------------------------------------------------------

    \1\ Midwest Rail, LLC d/b/a Toledo, Lake Erie & W. Ry.--Lease & 
Operation Exemption--Norfolk S. Ry., FD 35634 (STB served June 29, 
2012).
---------------------------------------------------------------------------

    Applicants have certified that: (1) No local traffic has moved over 
the Line for at least two years; (2) no overhead traffic has moved over 
the Line for at least two years and overhead traffic, if any, could be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the Line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board or with 
any U.S. District Court or has been decided in favor of complainant 
within the two-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To 
address whether this condition adequately protects affected employees, 
a petition for partial revocation under 49 U.S.C. 10502(d) must be 
filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, these exemptions will be effective on July 1, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be 
filed by June 11, 2015.\3\ Petitions to reopen must be filed by June 
22, 2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because applicants are seeking to discontinue service, not 
to abandon the Line, trail use/rail banking and public use 
conditions are not appropriate.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    If the notice contains false or misleading information, these 
exemptions are void ab initio.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''


[[Page 31095]]


    Decided: May 27, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-13096 Filed 5-29-15; 8:45 am]
 BILLING CODE 4915-01-P