Elkhart & Western Railroad Co.-Amended Lease and Operation Exemption Containing Interchange Commitment-Norfolk Southern Railway Company, 5767-5768 [2020-01807]

Download as PDF Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–01826 Filed 1–30–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36324] jbell on DSKJLSW7X2PROD with NOTICES Georgia Southern Railway Co.—Lease and Operation Exemption Containing Interchange Commitments—The South Western Rail Road Company, Central of Georgia Railroad Company, and Norfolk Southern Railway Company Georgia Southern Railway Co. (GASR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate three rail lines totaling approximately 52.8 miles in length (not inclusive of yard track). GASR will continue to lease: (1) From Norfolk Southern Railway Company (NSR) the Roberta Line, from milepost 95.5–FV, at or near Roberta, to milepost 105.3–FV, at or near Fort Valley, in Peach and Crawford Counties, Ga. (approximately 9.8 miles); (2) from Central of Georgia Railroad Company (CGR), a wholly owned subsidiary of NSR, the Metter Line, from milepost W–57.5, at or near Dover, to milepost W–86.7 at or near Metter, in Candler, Bulloch, and Screven Counties, Ga. (approximately 29.2 miles); and (3) from CGR and the South Western Rail Road Company (SWRR), a subsidiary of CGR, the Perry Line, from milepost N–219.7, at or near Fort Valley to milepost N–232.6, at or near Perry, in Peach and Houston Counties, Ga. (approximately 12.9 miles) (the Lines).1 In 2009, Georgia Midland Railroad, Inc., assigned its lease of the Lines to GASR. See Ga. S. Ry.—Lease & Operation Exemption & Operation Exemption—Certain Lines of Ga. Midland R.R., et al., FD 35322 (STB served Dec. 2, 2009). According to the verified notice, GASR has executed lease renewal agreements with NSR for the Roberta Line, with CGR for the Metter Line, and with CGR and SWRR for the Perry Line, for a period of ten years. GASR certifies that its projected annual revenues as a result of the proposed transaction will not result in GASR’s becoming a Class I or Class II rail carrier and will not exceed $5 million. GASR has disclosed in its verified notice that the lease renewals 1 On January 27, 2020, GASR filed a supplement to correct the description of the Metter Line. VerDate Sep<11>2014 17:16 Jan 30, 2020 Jkt 250001 with CGR and SWRR contain an interchange commitment, in the form of lease credits.2 GASR has provided additional information regarding the interchange commitments as required by 49 CFR 1150.43(h). The transaction may be consummated on or after February 14, 2020, 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 for stay must be filed by February 7, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36324, 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 GASR’s representative, W. Karl Hansen, Stinson LLP, 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402. According to GASR, 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. 5767 Elkhart & Western Railroad Co. (EWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate approximately 23.0 miles of rail line from Norfolk Southern Railway Company (NSR) between milepost I 108.6+/- (at Argos, Ind.) and milepost I 131.6 +/- (at Walkerton, Ind.) (the Line). The verified notice states that EWR entered into a lease agreement with NSR in 2010. See Elkhart & W. R.R.—Lease & Operation Exemption—Norfolk S. Ry., FD 35347 (STB served Feb. 19, 2010). The parties amended the lease in 2016. See Elkhart & W. R.R.—Amended Lease & Operation Exemption Containing Interchange Commitment—Norfolk S. Ry., FD 35347 (Sub-No. 1) (STB served Oct. 14, 2016). According to the verified notice, EWR and NSR have agreed to further amend the lease agreement to extend the term of the lease to July 31, 2029, and to modify certain other specific terms of the agreement.1 EWR states that the amended lease agreement will take effect upon the effective date of the notice of exemption. According to EWR, it will continue to interchange traffic with NSR at a track in the vicinity of the Argos Yard. EWR states that the lease agreement, as amended, does not prohibit or limit EWR from interchanging with thirdparty connecting carriers that connect to the Line, nor does the agreement set forth terms governing EWR’s interchange of traffic with such thirdparty carriers. However, as required under 49 CFR 1150.43(h)(1), EWR has disclosed in its verified notice that the lease agreement, as amended, contains an interchange commitment in the form of lease credits. EWR has also provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h). EWR certifies that its projected annual revenues do not exceed those that would qualify it as a Class II or Class I rail carrier and would not exceed $5 million. The proposed transaction may be consummated on February 14, 2020, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 February 7, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 35347 (Sub-No. 2), must be filed with the Surface Transportation Board, either via e-filing or in writing addressed to 395 E Street SW, 2 Copies of the lease renewal agreements with the interchange commitments were submitted under seal. See 49 CFR 1150.43(h)(1). 1 A copy of the amended agreement with the interchange commitment was submitted under seal. See 49 CFR 1150.43(h)(1). Decided: January 28, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–01900 Filed 1–30–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35347 (Sub-No. 2)] Elkhart & Western Railroad Co.— Amended Lease and Operation Exemption Containing Interchange Commitment—Norfolk Southern Railway Company PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1 5768 Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices Washington, DC 20423–0001. In addition, a copy of each pleading must be served on EWR’s representative, W. Karl Hansen, Stinson LLP, 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402. According to EWR, 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: January 27, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2020–01807 Filed 1–30–20; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. 2019–0914] Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November 15, 2019. The collection involves the recordkeeping requirement for owners/operators of aircraft issued a special airworthiness certificate in the light-sport aircraft category (SLSA) to keep the current status of applicable safety directives, and transfer these records with the aircraft at the time the aircraft is sold. The information to be collected is necessary to determine and ensure the SLSA aircraft is in a condition for safe flight prior to aircraft operation. DATES: Written comments should be submitted by March 2, 2020. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:16 Jan 30, 2020 Jkt 250001 the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/FAA, and sent via electronic mail to oira_ submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. FOR FURTHER INFORMATION CONTACT: Tanya Glines by email at: Tanya.glines@ faa.gov; phone: 801–257–5085. SUPPLEMENTARY INFORMATION: OMB Control Number: 2120–0730. Title: Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft. Form Numbers: Aircraft maintenance records/logs. Type of Review: Renewal of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November 15, 2019 (84 FR 62563). Title 14 CFR 91.327(b)(4) states that aircraft issued a special airworthiness certificate in the light-sport category (SLSA) cannot be operated unless the owner or operator complies with each safety directive applicable to the aircraft. Title 14 CFR 91.417(a)(2)(v) requires each registered owner or operator to retain records containing the current status of applicable safety directives including, for each, the method of compliance, the safety directive number and revision date. Additionally, if the safety directive involves recurring action, the time and date when the next action is required. Recording safety directive compliance and retaining these records is necessary to determine if unsafe conditions have been corrected on aircraft issued a special airworthiness certificate in the light-sport category (SLSA), which assists in ensuring that the SLSA aircraft is in a condition safe for flight prior to PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 its operation within the national airspace. Respondents include owners/ operators of SLSA, aircraft mechanics, and LSA repairmen with a Maintenance rating. The records of SLSA safety directive compliance are retained by the aircraft owner/operator, who must keep the records for the life of the SLSA aircraft and transfer them to the new owner at the time the aircraft is sold. The burden estimates are based on the current number of registered SLA and a projected future growth rate. Respondents: 2935 owners/operators of SLSA aircraft. Frequency: On occasion. Estimated Average Burden per Response: 2 Hours. Estimated Total Annual Burden: 5870 hours annual industry burden. Issued in Washington, DC, on January 27, 2020. Tanya A. Glines, Aviation Safety Inspector, Safety Standards, General Aviation Maintenance Branch (AFS– 350). [FR Doc. 2020–01766 Filed 1–30–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee; Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC) meeting. AGENCY: This notice announces a meeting of the ARAC. DATES: The meeting will be held on Thursday, March 19, 2020, from 1:00 p.m. to 4:00 p.m. Eastern Standard Time. Requests to attend the meeting must be received by Monday, March 2, 2020. Requests for accommodations to a disability must be received by Monday, March 2, 2020. Requests to submit written materials to be reviewed during the meeting must be received no later than Monday, March 2, 2020. ADDRESSES: The meeting will be held at the Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. General committee information including copies of the meeting minutes will be available on the FAA Committee website at https://www.faa.gov/regulations_ policies/rulemaking/committees/ documents/. SUMMARY: E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5767-5768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01807]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35347 (Sub-No. 2)]


Elkhart & Western Railroad Co.--Amended Lease and Operation 
Exemption Containing Interchange Commitment--Norfolk Southern Railway 
Company

    Elkhart & Western Railroad Co. (EWR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate approximately 23.0 miles of rail line from Norfolk 
Southern Railway Company (NSR) between milepost I 108.6+/- (at Argos, 
Ind.) and milepost I 131.6 +/- (at Walkerton, Ind.) (the Line).
    The verified notice states that EWR entered into a lease agreement 
with NSR in 2010. See Elkhart & W. R.R.--Lease & Operation Exemption--
Norfolk S. Ry., FD 35347 (STB served Feb. 19, 2010). The parties 
amended the lease in 2016. See Elkhart & W. R.R.--Amended Lease & 
Operation Exemption Containing Interchange Commitment--Norfolk S. Ry., 
FD 35347 (Sub-No. 1) (STB served Oct. 14, 2016). According to the 
verified notice, EWR and NSR have agreed to further amend the lease 
agreement to extend the term of the lease to July 31, 2029, and to 
modify certain other specific terms of the agreement.\1\ EWR states 
that the amended lease agreement will take effect upon the effective 
date of the notice of exemption.
---------------------------------------------------------------------------

    \1\ A copy of the amended agreement with the interchange 
commitment was submitted under seal. See 49 CFR 1150.43(h)(1).
---------------------------------------------------------------------------

    According to EWR, it will continue to interchange traffic with NSR 
at a track in the vicinity of the Argos Yard. EWR states that the lease 
agreement, as amended, does not prohibit or limit EWR from 
interchanging with third-party connecting carriers that connect to the 
Line, nor does the agreement set forth terms governing EWR's 
interchange of traffic with such third-party carriers. However, as 
required under 49 CFR 1150.43(h)(1), EWR has disclosed in its verified 
notice that the lease agreement, as amended, contains an interchange 
commitment in the form of lease credits. EWR has also provided 
additional information regarding the interchange commitment as required 
by 49 CFR 1150.43(h).
    EWR certifies that its projected annual revenues do not exceed 
those that would qualify it as a Class II or Class I rail carrier and 
would not exceed $5 million.
    The proposed transaction may be consummated on February 14, 2020, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). 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 
February 7, 2020 (at least seven days before the exemption becomes 
effective).
    All pleadings, referring to Docket No. FD 35347 (Sub-No. 2), must 
be filed with the Surface Transportation Board, either via e-filing or 
in writing addressed to 395 E Street SW,

[[Page 5768]]

Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on EWR's representative, W. Karl Hansen, Stinson LLP, 50 South 
Sixth Street, Suite 2600, Minneapolis, MN 55402.
    According to EWR, 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: January 27, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-01807 Filed 1-30-20; 8:45 am]
 BILLING CODE 4915-01-P
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