Cayuga County Industrial Development Agency, Onondaga County Industrial Development Agency, Ontario County Industrial Development Agency, Schuyler County Industrial Development Agency, and Yates County Industrial Development Agency-Acquisition Exemption-Finger Lakes Railway Corp., 18682-18683 [2016-07293]
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18682
Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Division, Rockhouse Subdivision,
Engineering Appalachian Division, also
known as the Montgomery Creek
Branch, between milepost 0VL 254.6
and milepost 0VL 255.39 in Perry
County, Ky. (the Line). The Line
traverses United States Postal Service
Zip Code 41773 and is served by the
station at Charlene at milepost 0VL
256.0 (FSAC 42886/OPSL 17352).1
CSXT has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) because the Line is
not a through route, no overhead traffic
has operated, and, therefore, none needs
to 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 is pending either with the
Surface Transportation Board (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 this exemption, 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, this
exemption will be effective on April 30,
2016, 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 April 8, 2016.3 Petitions to
reopen must be filed by April 20, 2016,
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 CSXT’s
1 CSXT states that the station is not located on the
Line.
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 this is a discontinue proceeding and
not an abandonment, interim trail use/rail banking
and public use conditions are not appropriate.
Because there will be an environmental review
during abandonment, this discontinuance does not
require an environmental review.
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19:09 Mar 30, 2016
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representative: Louis E. Gitomer, Law
Offices of Louis E. Gitomer, LLC, 600
Baltimore Avenue, Suite 301, Towson,
MD 21204.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: March 24, 2016.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016–07290 Filed 3–30–16; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36011]
Cayuga County Industrial Development
Agency, Onondaga County Industrial
Development Agency, Ontario County
Industrial Development Agency,
Schuyler County Industrial
Development Agency, and Yates
County Industrial Development
Agency—Acquisition Exemption—
Finger Lakes Railway Corp.
Cayuga County Industrial
Development Agency, Onondaga County
Industrial Development Agency,1
Ontario County Industrial Development
Agency, Schuyler County Industrial
Development Agency, and Yates County
Industrial Development Agency
(collectively, Agencies) have filed a
verified notice of exemption under 49
CFR 1150.31 to acquire by lease
approximately 86.45 miles of rail lines
from Finger Lakes Railway Corp.
(FGLK), located in New York, as
follows: 2 (1) Watkins Glen Industrial
Track, located between milepost 41.35
at or near Penn Yan and milepost 16.55
1 According to the notice, Onondaga County
Industrial Development Agency (OCIDA) is a nonoperating carrier that owns other rail lines not
involved in this transaction and the New York
Susquehanna & Western Railway Corp. currently
provides service over these other rail lines. See
Onondaga Cty. Indus. Dev. Agency—Acquis. and
Operation Exemption—Line of Consolidated Rail
Corp., FD 32287 (ICC served July 7, 1994) and New
York Susquehanna & W. Ry.—Trackage Rights
Exemption—Onondaga Cty. Indus. Dev. Agency, FD
32772 (STB served Aug. 7, 2001).
2 The Agencies and FGLK jointly filed one notice
for two related transactions under 49 CFR 1150.31
and 1150.41, one in this docket and one in Docket
No. FD 36012, as described further below. A
separate notice will be published for each
exemption. Further, because OCIDA is a rail carrier,
the notice of exemption in this docket will be
treated as request for an exemption from 49 U.S.C.
10902 under the regulations at 49 CFR 1150.41 with
regard to OCIDA and as a request for an exemption
from 49 U.S.C. 10901 under 49 CFR 1150.31 for the
four noncarrier Agencies.
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at or near Watkins Glen, in Schuyler
and Yates Counties, a distance of 24.8
miles; (2) Canandaigua Secondary,
located between milepost 76.00 at or
near Canandaigua and milepost 51.30 at
or near Geneva, in Ontario County, a
distance of 24.70 miles; (3) Auburn
Secondary, located between milepost
37.56 at the Seneca/Cayuga County line
and milepost 3.61 at or near Solvay
Yard, in Cayuga County, a distance of
33.95 miles; (4) Geneva Running Track,
located between milepost 344.40 at or
near Geneva and milepost 342.8 at the
Ontario/Seneca County line, in Ontario
County, a distance of 1.6 miles; (5)
Lehigh & Northern Industrial Track,
located between milepost 349.20 and
milepost 348.70 at or near Auburn, in
Cayuga County, a distance of 0.90 miles;
and (6) Auburn & Ithaca Industrial
Track, located between milepost 349.20
and milepost 348.70 at or near Auburn,
in Cayuga County, a distance of 0.50
miles.
According to the Agencies, the
acquisition of the rail lines is part of a
series of proposed transactions that will
allow FGLK to continue to pay a
negotiated ‘‘payment in lieu of taxes’’
(PILOT), rather than be subject to local
and state taxes. The Agencies state that
FGLK originally acquired the rail lines
in 1995 and transferred the title to the
Agencies and then leased back the rail
lines for purposes of the PILOT
arrangement. The Agencies state that to
extend and restructure the PILOT
arrangement, they will first transfer title
to the rail lines to FGLK.3 Next, the
Agencies will lease the rail lines from
FGLK—the transaction at issue in this
docket. Lastly, FGLK will sublease the
rail lines back from the Agencies to
continue operations, including all
common carrier service and
maintenance of the tracks.4
The Agencies state that they will not
hold themselves out to provide any rail
service, and are not acquiring any of the
common carrier obligations with respect
to the rail lines.5 Under the terms of the
lease from FGLK to the Agencies and
the amended and restated lease from the
Agencies to FGLK, the Agencies
3 FGLK filed a verified notice of exemption to
acquire the rail lines in Finger Lakes Railway
Corp.—Acquis. and Operation Exemption—Cayuga
County Industrial Development Agency, et al., FD
36012.
4 FGLK and the Agencies requested authority for
all three transactions but did not file a separate
docket or filing fee for the sublease. This notice,
therefore, does not address that transaction.
5 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.
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Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices
maintain that FGLK will continue to be
the sole provider of railroad services
and will have the rights necessary to
operate those services. The Agencies
state that they are not leasing or
acquiring any of the common carrier
obligations with respect to the rail lines.
The Agencies further state that they will
be precluded from interfering materially
with FGLK’s common carrier obligation.
The Agencies certify that they would
not operate over the rail lines and that
the transaction will not result in the
creation of a Class I or Class II carrier.
The Agencies further state that FGLK is
a Class III carrier.
The Agencies state that the parties
intend to consummate the transaction
no sooner than April 14, 2016, the
effective date of the exemption (30 days
after the verified notice was filed), and
only after the Board has ruled on the
motion to dismiss.
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 April 7, 2016 (at least
seven days before the exemption
becomes effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36011, 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. Hocky, Clark Hill
PLC, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
According to the Agencies, this action
is categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES
Decided: March 28, 2016.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016–07293 Filed 3–30–16; 8:45 am]
BILLING CODE 4915–01–P
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19:09 Mar 30, 2016
Jkt 238001
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2016–0002–N–9]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the renewal
Information Collection Requests (ICRs)
abstracted below are being forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on December 29, 2015.
DATES: Comments must be submitted on
or before May 2, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Safety,
Safety Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 25, Washington, DC
20590 (Telephone: (202) 493–6292), or
Ms. Kimberly Toone, Information
Collection Clearance Officer, Office of
Administration, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590 (Telephone: (202) 493–6132).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, sec. 2, 109
Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), and 1320.12. On December
29, 2015, FRA published a 60-day notice
in the Federal Register soliciting
comment on ICRs that the agency is
seeking OMB approval. See 80 FR
81423. FRA received no comments in
response to this notice.
Before OMB decides whether to
approve these proposed collections of
SUMMARY:
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18683
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requests (ICRs) and their expected
burdens. The renewal requests are being
submitted for clearance by OMB as
required by the PRA.
Title: System for Telephonic
Notification of Unsafe Conditions at
Highway-Rail and Pathway Grade
Crossings.
OMB Control Number: 2130–0591.
Abstract: The collection of
information is set forth under 49 CFR
part 234. The rule is intended
specifically to help implement Section
205 of the Rail Safety Improvement Act
of 2008 (RSIA), Public Law 110–432,
Division A, which was enacted on
October 16, 2008. Generally, the rule is
intended to increase safety at highwayrail and pathway grade crossings.
Section 205 of the RSIA mandates that
the Secretary of Transportation require
certain railroad carriers to take a series
of specified actions related to setting up
and using systems by which the public
is able to notify the railroad by toll-free
telephone number of safety problems at
its highway-rail and pathway grade
crossings. Such systems are commonly
known as Emergency Notification
Systems (ENS) or ENS programs. 49 CFR
part 234 implements section 2015 of the
RSIA. The information collected is used
by FRA to ensure that railroad carriers
establish and maintain a toll-free
telephone service to report emergencies
at all public, private, and pedestrian
grade crossings for rights-of-way over
which they dispatch trains.
Type of Request: Extension with
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Responses:
331,072.
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Agencies
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Pages 18682-18683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07293]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36011]
Cayuga County Industrial Development Agency, Onondaga County
Industrial Development Agency, Ontario County Industrial Development
Agency, Schuyler County Industrial Development Agency, and Yates County
Industrial Development Agency--Acquisition Exemption--Finger Lakes
Railway Corp.
Cayuga County Industrial Development Agency, Onondaga County
Industrial Development Agency,\1\ Ontario County Industrial Development
Agency, Schuyler County Industrial Development Agency, and Yates County
Industrial Development Agency (collectively, Agencies) have filed a
verified notice of exemption under 49 CFR 1150.31 to acquire by lease
approximately 86.45 miles of rail lines from Finger Lakes Railway Corp.
(FGLK), located in New York, as follows: \2\ (1) Watkins Glen
Industrial Track, located between milepost 41.35 at or near Penn Yan
and milepost 16.55 at or near Watkins Glen, in Schuyler and Yates
Counties, a distance of 24.8 miles; (2) Canandaigua Secondary, located
between milepost 76.00 at or near Canandaigua and milepost 51.30 at or
near Geneva, in Ontario County, a distance of 24.70 miles; (3) Auburn
Secondary, located between milepost 37.56 at the Seneca/Cayuga County
line and milepost 3.61 at or near Solvay Yard, in Cayuga County, a
distance of 33.95 miles; (4) Geneva Running Track, located between
milepost 344.40 at or near Geneva and milepost 342.8 at the Ontario/
Seneca County line, in Ontario County, a distance of 1.6 miles; (5)
Lehigh & Northern Industrial Track, located between milepost 349.20 and
milepost 348.70 at or near Auburn, in Cayuga County, a distance of 0.90
miles; and (6) Auburn & Ithaca Industrial Track, located between
milepost 349.20 and milepost 348.70 at or near Auburn, in Cayuga
County, a distance of 0.50 miles.
---------------------------------------------------------------------------
\1\ According to the notice, Onondaga County Industrial
Development Agency (OCIDA) is a non-operating carrier that owns
other rail lines not involved in this transaction and the New York
Susquehanna & Western Railway Corp. currently provides service over
these other rail lines. See Onondaga Cty. Indus. Dev. Agency--
Acquis. and Operation Exemption--Line of Consolidated Rail Corp., FD
32287 (ICC served July 7, 1994) and New York Susquehanna & W. Ry.--
Trackage Rights Exemption--Onondaga Cty. Indus. Dev. Agency, FD
32772 (STB served Aug. 7, 2001).
\2\ The Agencies and FGLK jointly filed one notice for two
related transactions under 49 CFR 1150.31 and 1150.41, one in this
docket and one in Docket No. FD 36012, as described further below. A
separate notice will be published for each exemption. Further,
because OCIDA is a rail carrier, the notice of exemption in this
docket will be treated as request for an exemption from 49 U.S.C.
10902 under the regulations at 49 CFR 1150.41 with regard to OCIDA
and as a request for an exemption from 49 U.S.C. 10901 under 49 CFR
1150.31 for the four noncarrier Agencies.
---------------------------------------------------------------------------
According to the Agencies, the acquisition of the rail lines is
part of a series of proposed transactions that will allow FGLK to
continue to pay a negotiated ``payment in lieu of taxes'' (PILOT),
rather than be subject to local and state taxes. The Agencies state
that FGLK originally acquired the rail lines in 1995 and transferred
the title to the Agencies and then leased back the rail lines for
purposes of the PILOT arrangement. The Agencies state that to extend
and restructure the PILOT arrangement, they will first transfer title
to the rail lines to FGLK.\3\ Next, the Agencies will lease the rail
lines from FGLK--the transaction at issue in this docket. Lastly, FGLK
will sublease the rail lines back from the Agencies to continue
operations, including all common carrier service and maintenance of the
tracks.\4\
---------------------------------------------------------------------------
\3\ FGLK filed a verified notice of exemption to acquire the
rail lines in Finger Lakes Railway Corp.--Acquis. and Operation
Exemption--Cayuga County Industrial Development Agency, et al., FD
36012.
\4\ FGLK and the Agencies requested authority for all three
transactions but did not file a separate docket or filing fee for
the sublease. This notice, therefore, does not address that
transaction.
---------------------------------------------------------------------------
The Agencies state that they will not hold themselves out to
provide any rail service, and are not acquiring any of the common
carrier obligations with respect to the rail lines.\5\ Under the terms
of the lease from FGLK to the Agencies and the amended and restated
lease from the Agencies to FGLK, the Agencies
[[Page 18683]]
maintain that FGLK will continue to be the sole provider of railroad
services and will have the rights necessary to operate those services.
The Agencies state that they are not leasing or acquiring any of the
common carrier obligations with respect to the rail lines. The Agencies
further state that they will be precluded from interfering materially
with FGLK's common carrier obligation.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
The Agencies certify that they would not operate over the rail
lines and that the transaction will not result in the creation of a
Class I or Class II carrier. The Agencies further state that FGLK is a
Class III carrier.
The Agencies state that the parties intend to consummate the
transaction no sooner than April 14, 2016, the effective date of the
exemption (30 days after the verified notice was filed), and only after
the Board has ruled on the motion to dismiss.
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 April 7, 2016
(at least seven days before the exemption becomes effective).
An original and ten copies of all pleadings, referring to Docket
No. FD 36011, 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. Hocky, Clark Hill PLC, 2005 Market
Street, Suite 1000, Philadelphia, PA 19103.
According to the Agencies, this action is categorically excluded
from environmental review under 49 CFR 1105.6(c).
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: March 28, 2016.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-07293 Filed 3-30-16; 8:45 am]
BILLING CODE 4915-01-P