The Indiana Rail Road Company-Amended Trackage Rights Exemption-CSX Transportation, Inc., 66437-66438 [2019-26067]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices security-based swaps, have a more complex risk profile. In addition, Exchange Act Rule 17Ab2–2 provides a procedure for the Commission to determine whether to rescind any such determinations previously made by the Commission. Because determinations made by the Commission pursuant to Exchange Act Rule 17Ab2–2 may be made upon the request of a clearing agency, respondent clearing agencies have the burden of preparing such requests for submission to the Commission. Commission staff estimates that Rule 17Ab2–2 imposes a PRA burden on registered clearing agencies that seek a determination from the Commission regarding the covered clearing agency’s status as systemically important in multiple jurisdictions. Commission staff estimates that two registered clearing agencies or their members on their behalf will apply for a Commission determination, or may be subject to a Commission-initiated determination, regarding whether a registered clearing agency is involved in activities with a more complex risk profile or whether a covered clearing agency is systemically important in multiple jurisdictions. Commission staff estimates that each respondent clearing agency incurs a one-time burden of 10 hours and a onetime cost of $2,000 to draft and review a determination request submitted to the Commission, for a total of 20 hours and $4,000 for all respondents. The total annualized burden and cost for all respondents are 6.66 hours and $1,333.33. Any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a valid OMB control number. The public may view background documentation for this information collection at the following website: www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: Lindsay.M.Abate@omb.eop.gov and (ii) Charles Riddle, Acting Director/Chief Information Officer, Securities and Exchange Commission, c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by sending an email to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 Dated: November 29, 2019. Jill M. Peterson, Assistant Secretary. [FR Doc. 2019–26223 Filed 12–3–19; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36349] The Indiana Rail Road Company— Amended Trackage Rights Exemption—CSX Transportation, Inc. The Indiana Rail Road Company (INRD), a Class II rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for its acquisition of amended, limited overhead trackage rights over a line of railroad of CSX Transportation, Inc. (CSXT), between the connection with INRD at approximately CSXT milepost OZA 204.5 at Sullivan, Ind., and the connection with trackage serving the Oaktown Mine at approximately CSXT milepost OZA 219.05 at Oaktown, Ind., including the connection with trackage serving the Sunrise Mine at approximately CSXT milepost OZA 214.5 at Carlisle, Ind., a total distance of approximately 14.55 miles (the Line). INRD states that, pursuant to a May 15, 2008 trackage rights agreement and two subsequent supplements to that agreement, dated August 1, 2009, and November 20, 2009, INRD holds trackage rights over the Line for the purpose of handling unit coal trains from mines at Carlisle and Oaktown to specified destinations on INRD or other railroads with which INRD interchanges.1 Subsequently, pursuant to a series of temporary trackage rights exemptions, CSXT and INRD agreed to temporarily expand the existing Sullivan-Oaktown trackage rights to allow INRD to handle unit coal trains to an additional off-line destination.2 Pursuant to the written Supplemental Agreement No. 7 dated July 19, 2019, INRD and CSXT have updated their 1 See Ind. Rail Rd.—Trackage Rights Exemption— CSX Transp., Inc., FD 35328 (STB served Dec. 31, 2009); Ind. Rail Rd.—Trackage Rights Exemption— CSX Transp., Inc., FD 35287 (STB served Sept. 2, 2009); Ind. Rail Rd.—Amended Trackage Rights Exemption—CSX Transp., Inc., FD 35137 (STB served May 22, 2008). 2 The temporary trackage rights to that additional off-line destination, the Kentucky Utilities E.W. Brown generating station in Harrodsburg, Ky. (Kentucky Utilities), are scheduled to expire on December 31, 2019. See Ind. Rail Rd.—Trackage Rights Exemption—CSX Transp., Inc., FD 36068 (STB served Oct. 14, 2016); Ind. Rail Rd.— Temporary Trackage Rights Exemption—CSX Transp., Inc., FD 36068 (Sub-No. 2) (STB served Feb. 8, 2019). PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 66437 arrangement.3 The parties have agreed to amend the existing trackage rights to, among other things, make permanent the previously temporary trackage rights (to Kentucky Utilities), clarify other allowable destinations, and delete destinations that have ceased receiving coal.4 Specifically, according to the verified notice, the purpose of these rights is to permit INRD to handle loaded and empty unit coal trains between the Oaktown Mine or the Sunrise/Carlisle Mine and the following destinations: The Indianapolis Power & Light generating station at Petersburg, Ind.; the Hoosier Energy generating station at Merom, Ind.; Vectren and Alcoa generating stations at Warrick, Ind.; and Kentucky Utilities.5 INRD states that this proposed trackage rights exemption is intended to subsume and replace INRD’s prior trackage rights exemptions granted in Docket Nos. FD 35137, 35287, and 35328. The transaction may be consummated on or after December 18, 2019, the effective date of the exemption (30 days after the verified notice was filed). As a condition to this exemption, any employees affected by the acquisition of the 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—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). 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 December 11, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36349, must be filed with the Surface Transportation Board, either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on INRD’s representative, Thomas J. Litwiler, 3 A redacted copy of the agreement is attached to the verified notice. An unredacted copy has been filed under seal along with a motion for protective order pursuant to 49 CFR 1104.14. That motion is addressed in a separate decision. 4 To the extent INRD seeks to discontinue its trackage rights to any previously authorized destination, it must separately seek appropriate relief under 49 U.S.C. 10903 or explain why such authority is unnecessary. 5 The parties also have agreed to modify contractual provisions regarding compensation and contemplated volumes of traffic. E:\FR\FM\04DEN1.SGM 04DEN1 66438 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to the verified notice, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: November 26, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–26067 Filed 12–3–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Public Information Sessions on Alternatives Analysis for the Proposed LaGuardia Airport Access Improvement Project at LaGuardia Airport (LGA), New York City, Queens County, New York Federal Aviation Administration, Department of Transportation. ACTION: Notice of Public Information Sessions. AGENCY: The Federal Aviation Administration (FAA) announces its intent to hold Public Information Sessions to present the Alternatives Analysis for the Proposed LaGuardia Airport Access Improvement Project Environmental Impact Statement (EIS) for LaGuardia Airport (LGA), New York City, Queens County, New York. The FAA is the lead agency on the preparation of the EIS and is providing this opportunity for the public to learn about the Alternatives Analysis that has been conducted. FOR FURTHER INFORMATION CONTACT: Mr. Andrew Brooks, Environmental Program Manager, Eastern Regional Office, AEA– 610, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434. Telephone: 718–553–2511. SUPPLEMENTARY INFORMATION: As the lead federal agency for the preparation of the EIS for the Proposed Action at LaGuardia Airport (LGA or Airport) in New York City, Queens County, New York, the FAA is preparing the EIS in compliance with the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.) and Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 of NEPA (40 CFR parts 1500–15080). The preparation of the EIS follows FAA regulations and policies for implementing NEPA published in FAA Order 1050.1F, Environmental Impacts: Policies and Procedures and FAA Order 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. The Port Authority of New York and New Jersey (Port Authority), the operator of LGA, proposes the following project components of the Proposed Action: • Construction of an above ground fixed guideway automated people mover (APM) system approximately 2.3 miles in length that extends from the LGA Central Hall Building to the Metropolitan Transportation Authority (MTA) New York City Transit (NYCT) Subway 7 Line Mets-Willets Point Station and the Port Washington Branch of the MTA Long Island Rail Road (LIRR) Mets-Willets Point Station; • Construction of two on-Airport APM stations; • Construction of one off-Airport APM station at Mets-Willets Point that provides connections to the MetsWillets Point LIRR and NYCT Subway 7 Line stations; • Construction of on-airport passenger walkway systems to connect the APM stations to the passenger terminals, parking garages, public transportation, and ground transportation facilities; • Construction of a multi-level APM operations, maintenance, and storage facility (OMSF) that includes approximately 500 Airport employee parking spaces, 250 MTA employee parking spaces, 50 APM employee parking spaces, and 200 replacement parking spaces for Citi Field event parking; • Construction of three traction power substations: one located near the on-Airport East APM Station, another near the Willets Point APM Station, and the third at the OMSF to provide power to the APM guideway; • Construction of a 27kV main substation located within the OMSF structure; and • Construction of utilities infrastructure, both new and modified, as needed, to support the Proposed Action. The Proposed Action also includes various enabling projects to allow construction and connected actions, including utility relocation and demolition of certain existing facilities; reconstruction and/or relocation of the Passerelle Bridge; modifications to the MTA LIRR Mets-Willets Point Station, including service changes to the LIRR PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 Port Washington Line; and the relocation of several Flushing Bay World’s Fair Marina facilities, including a boat lift, Travelift finger piers and floating dock, Marina office, and boat storage. The Port Authority will be requesting to Impose and Use Passenger Facility Charges (PFC) for the construction of the Proposed Action. The FAA’s decision over whether to approve a PFC application is a federal action that must first be reviewed under NEPA. The proposed action is also an undertaking that must be reviewed under Section 106 of the National Historic Preservation Act. The FAA is required to consider a range of reasonable alternatives that could potentially meet the purpose and need: To provide a time-certain transit alternative for air passenger and employee access to LGA; to provide supplemental access to LGA; to reduce passenger vehicle trips to and from LGA; and to provide adequate airport employee replacement parking. A total of 47 project alternatives have been identified for the Proposed Action from various sources including the Port Authority, scoping comments, past studies, and the FAA. Because of the number of alternatives considered and the complexity of the alternatives analysis, the FAA is sharing the alternatives analysis to afford the public an opportunity to ask questions on the alternatives analysis prior to completion and release of the Draft EIS; the Draft EIS is currently scheduled to be released in summer 2020. We cannot accept verbal testimony or formal comments at the information session. Formal comments on the alternatives analysis and the overall project will be solicited during the review of the Draft EIS. The alternatives evaluated have been categorized into ten groups, as follows: Group One—No Action Alternative (1 alternative): Under this alternative, the Port Authority would take no action to develop an APM system or other alternative form of transportation to and from the Airport. Group Two—Diversion of Air Traffic from LGA (2 alternatives): Transfer or shifting of aviation activity or air passengers to another existing public airport (or airports) in the New York metropolitan area or to another form of transportation. Group Three—Use of Other Modes of Transportation (3 alternatives): Use of other modes of transportation, including, ferry service, helicopter service, or gondola service. Group Four—Transportation Systems Management (3 alternatives): E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66437-66438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26067]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36349]


The Indiana Rail Road Company--Amended Trackage Rights 
Exemption--CSX Transportation, Inc.

    The Indiana Rail Road Company (INRD), a Class II rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for its 
acquisition of amended, limited overhead trackage rights over a line of 
railroad of CSX Transportation, Inc. (CSXT), between the connection 
with INRD at approximately CSXT milepost OZA 204.5 at Sullivan, Ind., 
and the connection with trackage serving the Oaktown Mine at 
approximately CSXT milepost OZA 219.05 at Oaktown, Ind., including the 
connection with trackage serving the Sunrise Mine at approximately CSXT 
milepost OZA 214.5 at Carlisle, Ind., a total distance of approximately 
14.55 miles (the Line).
    INRD states that, pursuant to a May 15, 2008 trackage rights 
agreement and two subsequent supplements to that agreement, dated 
August 1, 2009, and November 20, 2009, INRD holds trackage rights over 
the Line for the purpose of handling unit coal trains from mines at 
Carlisle and Oaktown to specified destinations on INRD or other 
railroads with which INRD interchanges.\1\ Subsequently, pursuant to a 
series of temporary trackage rights exemptions, CSXT and INRD agreed to 
temporarily expand the existing Sullivan-Oaktown trackage rights to 
allow INRD to handle unit coal trains to an additional off-line 
destination.\2\
---------------------------------------------------------------------------

    \1\ See Ind. Rail Rd.--Trackage Rights Exemption--CSX Transp., 
Inc., FD 35328 (STB served Dec. 31, 2009); Ind. Rail Rd.--Trackage 
Rights Exemption--CSX Transp., Inc., FD 35287 (STB served Sept. 2, 
2009); Ind. Rail Rd.--Amended Trackage Rights Exemption--CSX 
Transp., Inc., FD 35137 (STB served May 22, 2008).
    \2\ The temporary trackage rights to that additional off-line 
destination, the Kentucky Utilities E.W. Brown generating station in 
Harrodsburg, Ky. (Kentucky Utilities), are scheduled to expire on 
December 31, 2019. See Ind. Rail Rd.--Trackage Rights Exemption--CSX 
Transp., Inc., FD 36068 (STB served Oct. 14, 2016); Ind. Rail Rd.--
Temporary Trackage Rights Exemption--CSX Transp., Inc., FD 36068 
(Sub-No. 2) (STB served Feb. 8, 2019).
---------------------------------------------------------------------------

    Pursuant to the written Supplemental Agreement No. 7 dated July 19, 
2019, INRD and CSXT have updated their arrangement.\3\ The parties have 
agreed to amend the existing trackage rights to, among other things, 
make permanent the previously temporary trackage rights (to Kentucky 
Utilities), clarify other allowable destinations, and delete 
destinations that have ceased receiving coal.\4\ Specifically, 
according to the verified notice, the purpose of these rights is to 
permit INRD to handle loaded and empty unit coal trains between the 
Oaktown Mine or the Sunrise/Carlisle Mine and the following 
destinations: The Indianapolis Power & Light generating station at 
Petersburg, Ind.; the Hoosier Energy generating station at Merom, Ind.; 
Vectren and Alcoa generating stations at Warrick, Ind.; and Kentucky 
Utilities.\5\ INRD states that this proposed trackage rights exemption 
is intended to subsume and replace INRD's prior trackage rights 
exemptions granted in Docket Nos. FD 35137, 35287, and 35328.
---------------------------------------------------------------------------

    \3\ A redacted copy of the agreement is attached to the verified 
notice. An unredacted copy has been filed under seal along with a 
motion for protective order pursuant to 49 CFR 1104.14. That motion 
is addressed in a separate decision.
    \4\ To the extent INRD seeks to discontinue its trackage rights 
to any previously authorized destination, it must separately seek 
appropriate relief under 49 U.S.C. 10903 or explain why such 
authority is unnecessary.
    \5\ The parties also have agreed to modify contractual 
provisions regarding compensation and contemplated volumes of 
traffic.
---------------------------------------------------------------------------

    The transaction may be consummated on or after December 18, 2019, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of the 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--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    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 December 11, 2019 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36349, must be filed with 
the Surface Transportation Board, either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on INRD's representative, Thomas 
J. Litwiler,

[[Page 66438]]

Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606.
    According to the verified notice, this action is categorically 
excluded from environmental review under 49 CFR 1105.6(c) and from 
historic preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 26, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-26067 Filed 12-3-19; 8:45 am]
BILLING CODE 4915-01-P