Grand Elk Railroad, Inc.-Acquisition of Incidental Trackage Rights Exemption-Norfolk Southern Railway Company, 62548-62549 [2016-21701]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 62548 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: GrewJF@state.gov. • Regular Mail: Send written comments to: Department of State, Bureau of Medical Services—Medical Clearances, SA–15 Room 400, 1800 North Kent St., Rosslyn, VA. 22209. • Fax: 703–875–5412. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Joan F. Grew, who may be reached on 703–875–5412 or at GrewJF@state.gov. SUPPLEMENTARY INFORMATION: • Title of Information Collection: Self Certification and Ability To Perform in Emergencies (ESCAPE) Program. • OMB Control Number: 1405–0224. • Type of Request: Revision of a Currently Approved Collection. • Originating Office: Bureau of Medical Services (MED). • Form Number: DS–6570. • Respondents: Non-federal individuals being considered for contracted assignments at ESCAPEdesignated posts. • Estimated Number of Respondents: 200. • Estimated Number of Responses: 200. • Average Time per Response: 30 minutes. • Total Estimated Burden Time: 100 annual hours. • Frequency: One time per deployment to ESCAPE post. • Obligation to Respond: Required to obtain a benefit. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection The goal of the ‘‘Self Certification And Ability To Perform In Emergencies’’ (ESCAPE) program is to ensure that non-federal individuals who are being considered for a contracted position at a designated post are capable of the unique, potentially challenging and life threatening conditions at ESCAPE posts. These individuals are required to review with a medical provider the pre-deployment acknowledgement form (DS–6570) and then affirm that they understand the physical rigors and security conditions at these posts and can perform any specified emergency functions. Medical information is collected from medical providers and respondents during this review. The Department of State is requesting approval of this Information Collection so non-federal individuals who will be selected for assignments can provide completed pre-deployment medical information. This Collection is allowed under the Foreign Service Act of 1980 (22 U.S.C. 3901) and the Basic Authorities Act of 1956 (22 U.S.C. 2651). Methodology The information collected will be collected using a form (DS–6570) during a medical review between a non-federal individual and his/her medical provider. The individual will submit the completed form, signed by both the individual and provider, to the Bureau of Medical Services at the U.S. Department of States. Dated: September 1, 2016. Behzad Shahbazian, Director of Clinical Services, Bureau of Medical Services, Department of State. [FR Doc. 2016–21756 Filed 9–8–16; 8:45 am] BILLING CODE 4710–36–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35187 (Sub-No. 1)] Grand Elk Railroad, Inc.—Acquisition of Incidental Trackage Rights Exemption—Norfolk Southern Railway Company Grand Elk Railroad, Inc. (GDLK), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by assignment from Norfolk Southern Railway Company (NSR) trackage rights over PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 approximately 3.3 miles of rail line owned by CSX Transportation, Inc. (CSXT) in Grand Rapids, Mich. (the Line). The Line extends from milepost CH 151.3± at Pleasant Street through milepost CH 151.6/CGE 0.0 to milepost CGE 3.0± north of Ann Street in Grand Rapids, Mich. GDLK states that the subject trackage rights conveyance was incidental to GDLK’s 2009 lease and operation of NSR-owned railroad lines extending generally from Grand Rapids, Mich., to Elkhart, Ind., but was inadvertently omitted from GDLK’s notice of exemption for that transaction. See Grand Elk R.R.—Lease & Operation Exemption—Norfolk S. Ry., FD 35187 (STB served Nov. 17, 2008). GLDK states that it has filed this notice to obtain proper agency authority for the prior assignment of trackage rights over the CSXT Line. (Notice 2.) GDLK contends that it operated pursuant to the CSXT Line trackage rights from its start-up in 2009 until August 10, 2016, when CSXT denied GDLK access to the line. (Notice 3). According to GDLK, CSXT is disputing the 2009 assignment and GDLK is addressing CSXT’s contractual arguments in state court.1 (Id.) GLDK states that it is seeking retroactive Board authorization to assure that the court is fully able to address the matters before it. (Id.) GDLK states that the transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. GDLK states that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, but that its projected annual revenues would exceed $5 million. Accordingly, GDLK 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). In addition to its verified notice of exemption, GDLK has filed a petition for waiver of the 60-day labor notice requirements of 49 CFR 1150.42(e), asserting that: (1) No employees would be affected by the Board’s authorization 1 GDLK acknowledges that the authority invoked by its notice is permissive and that issuance of this notice is not determinative of the disputed trackage rights contract issues. (Notice 6 n.3 (citing Wis. Cent. Ltd.—Trackage Rights Exemption—Lines of Union Pac. R.R., FD 35992 (STB served Mar. 4, 2016), and Rock & Rail, Inc.—Acquis. & Operation Exemption—Burlington N. & Santa Fe. Ry., FD 33738 (STB served Apr. 30, 1999).) E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices of these trackage rights; and (2) GDLK provided the required notice to NSR employees and relevant national labor organizations at the time of the underlying lease transaction in 2009. GDLK has also filed a petition to partially revoke the class exemption at 49 CFR 1150.41 to allow the Board to retroactively authorize the assignment of trackage rights from NSR to GDLK. GDLK’s waiver request and petition for partial revocation will be addressed in a separate decision. 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 to stay must be filed no later than September 16, 2016 (at least seven days before the exemption becomes effective.) An original and ten copies of all pleadings, referring to Docket No. FD 35187 (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 applicant’s representative, Robert A. Wimbish, Fletcher & Sippell LLC, 29 North Wacker Drive, Suite 290, Chicago, IL 60606. According to GDLK, 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: September 2, 2016. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2016–21701 Filed 9–8–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD asabaliauskas on DSK3SPTVN1PROD with NOTICES [Docket No. FD 36060] Mississippi Southern Railroad, L.L.C.— Lease and Operation Exemption—The Kansas City Southern Railway Company Mississippi Southern Railroad, L.L.C. (MSR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease from The Kanas City Southern Railway Company (KCS), and to operate, VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 62549 approximately 26.5 miles of rail line between milepost 133.0 near Bay Springs, Miss., and milepost 159.5 near Newton, Miss. MSR and KCS originally entered into a lease agreement in 2005.1 According to MSR, they have recently entered into an amended and restated lease agreement (Amended Agreement) which, among other things, extends the term of the lease to August 1, 2026. MSR will continue to be the operator of the 26.5-mile line. MSR certifies that the projected annual revenues as a result of this transaction will not result in MSR’s becoming a Class I or Class II rail carrier and that its projected annual revenue will not exceed $5 million. MSR states that the Amended Agreement regarding the subject line does not contain any provision that prohibits MSR from interchanging traffic with a third party or limit MSR’s ability to interchange with a third party. The proposed transaction may be consummated on or after September 24, 2016, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 by September 16, 2016 (at least seven days prior to the date the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36060 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 applicant’s representative, Karl Morell, Karl Morell & Associates, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005. According to MSR, 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. DEPARTMENT OF TRANSPORTATION Decided: September 2, 2016. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Marline Simeon, Clearance Clerk. Plenary Session 1. Welcome/Introductions/ Administrative Remarks/SC–228 Participation Guidelines a. Reading of the Public Announcement by the DFO b. Reading of the RTCA Proprietary References Policy 2. Agenda Overview 3. Review/Approval of Minutes From Plenary #10 [FR Doc. 2016–21773 Filed 9–8–16; 8:45 am] BILLING CODE 4915–01–P 1 See Miss. S. R.R.—Lease & Operation Exemption—Kan. City S. Ry., FD 34684 (STB served April 21, 2005). PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Federal Aviation Administration Eleventh RTCA SC–228 Minimum Performance Standards (MPS) for UAS Plenary Session Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Eleventh RTCA SC–228 Minimum Performance Standards (MPS) for UAS Plenary Session. AGENCY: The FAA is issuing this notice to advise the public of a meeting of Eleventh RTCA SC–228 Minimum Performance Standards (MPS) for UAS Plenary Session. DATES: The meeting will be held October 03–07, 2016 09:00 a.m.–04:30 p.m. SUMMARY: The meeting will be held at: RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Albert Secen at asecen@rtca.org or 202– 330–0647, or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833–9339, fax at (202) 833– 9434, or Web site at http://www.rtca.org. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the Eleventh RTCA SC–228 Minimum Performance Standards (MPS) for UAS Plenary Session The agenda will include the following: ADDRESSES: SC–228 Plenary #11 Agenda October 3, 2016 Working Group Breakout Sessions October 4, 2016 Working Group Breakout Sessions October 5, 2016 Working Group Breakout Sessions October 6, 2016 Working Group Breakout Sessions October 7, 2016 E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62548-62549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21701]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35187 (Sub-No. 1)]


Grand Elk Railroad, Inc.--Acquisition of Incidental Trackage 
Rights Exemption--Norfolk Southern Railway Company

    Grand Elk Railroad, Inc. (GDLK), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire by 
assignment from Norfolk Southern Railway Company (NSR) trackage rights 
over approximately 3.3 miles of rail line owned by CSX Transportation, 
Inc. (CSXT) in Grand Rapids, Mich. (the Line). The Line extends from 
milepost CH 151.3 at Pleasant Street through milepost CH 
151.6/CGE 0.0 to milepost CGE 3.0 north of Ann Street in 
Grand Rapids, Mich.
    GDLK states that the subject trackage rights conveyance was 
incidental to GDLK's 2009 lease and operation of NSR-owned railroad 
lines extending generally from Grand Rapids, Mich., to Elkhart, Ind., 
but was inadvertently omitted from GDLK's notice of exemption for that 
transaction. See Grand Elk R.R.--Lease & Operation Exemption--Norfolk 
S. Ry., FD 35187 (STB served Nov. 17, 2008). GLDK states that it has 
filed this notice to obtain proper agency authority for the prior 
assignment of trackage rights over the CSXT Line. (Notice 2.) GDLK 
contends that it operated pursuant to the CSXT Line trackage rights 
from its start-up in 2009 until August 10, 2016, when CSXT denied GDLK 
access to the line. (Notice 3). According to GDLK, CSXT is disputing 
the 2009 assignment and GDLK is addressing CSXT's contractual arguments 
in state court.\1\ (Id.) GLDK states that it is seeking retroactive 
Board authorization to assure that the court is fully able to address 
the matters before it. (Id.) GDLK states that the transaction does not 
involve any provision or agreement that would limit future interchange 
with a third-party connecting carrier.
---------------------------------------------------------------------------

    \1\ GDLK acknowledges that the authority invoked by its notice 
is permissive and that issuance of this notice is not determinative 
of the disputed trackage rights contract issues. (Notice 6 n.3 
(citing Wis. Cent. Ltd.--Trackage Rights Exemption--Lines of Union 
Pac. R.R., FD 35992 (STB served Mar. 4, 2016), and Rock & Rail, 
Inc.--Acquis. & Operation Exemption--Burlington N. & Santa Fe. Ry., 
FD 33738 (STB served Apr. 30, 1999).)
---------------------------------------------------------------------------

    GDLK states that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, but that its projected annual revenues would exceed $5 
million. Accordingly, GDLK 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).
    In addition to its verified notice of exemption, GDLK has filed a 
petition for waiver of the 60-day labor notice requirements of 49 CFR 
1150.42(e), asserting that: (1) No employees would be affected by the 
Board's authorization

[[Page 62549]]

of these trackage rights; and (2) GDLK provided the required notice to 
NSR employees and relevant national labor organizations at the time of 
the underlying lease transaction in 2009. GDLK has also filed a 
petition to partially revoke the class exemption at 49 CFR 1150.41 to 
allow the Board to retroactively authorize the assignment of trackage 
rights from NSR to GDLK. GDLK's waiver request and petition for partial 
revocation will be addressed in a separate decision. 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 to stay must be filed no later than September 16, 2016 (at 
least seven days before the exemption becomes effective.)
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35187 (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 applicant's representative, Robert 
A. Wimbish, Fletcher & Sippell LLC, 29 North Wacker Drive, Suite 290, 
Chicago, IL 60606.
    According to GDLK, 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: September 2, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-21701 Filed 9-8-16; 8:45 am]
BILLING CODE 4915-01-P