BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 11043-11044 [2021-03670]

Download as PDF Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices FOR FURTHER INFORMATION CONTACT: Cynthia Pitts, cynthia.pitts@sba.gov, (202) 205–7570. SUPPLEMENTARY INFORMATION: As authorized by the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Paycheck Protection Program and Health Care Enhancement Act, and the new Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Small Business Administration (SBA) has been providing COVID–19 Economic Injury Disaster Loans to provide working capital for small businesses, private nonprofits, and small agricultural enterprises who suffered substantial economic injury as a result of the Coronavirus pandemic. SBA has received more than 16 million loan applications and a small percentage of those applications may be a result of identity theft. In an effort to ensure SBA is taking the appropriate action for individuals who have indicated they have been the victim of identity theft, the individual will need to provide an affidavit to SBA indicating no involvement in the filing of the loan application, and that they did not receive or have knowledge of who received the loan funds. The information will be collected from those individuals (or their representative) who, without their knowledge or authorization, had an application submitted to SBA’s Office of Disaster Assistance (ODA) utilizing their personal information. ODA will review the information contained in the affidavit to determine whether there was identity theft involved, and if so, ODA will take the necessary steps to stop all billing statements, release any UCC Security filings, and to ensure that loan information will not be publicly reported in the name of the identity theft victim. In addition, this affidavit will be provided to the Office of Inspector General and other enforcement agencies in any legal action going forward. The SBA requested and received emergency approval under 5 CFR 1320.13 for this information collection. Solicitation of Public Comments SBA is requesting comments on (a) Whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 there are ways to enhance the quality, utility, and clarity of the information. Summary of Information Collection OMB Control Number: 3245–0418. (1) Title: Economic Injury Disaster Loan (EIDL) Application Declaration of Identify Theft COVID–19. Description of Respondents: Individuals who have identified and attest to potential identity theft. Form Number: SBA Form 3513. Total Estimated Annual Responses: 50,000. Total Estimated Annual Hour Burden: 12,500. Curtis Rich, Management Analyst. [FR Doc. 2021–03696 Filed 2–22–21; 8:45 am] BILLING CODE 8026–03–P SURFACE TRANSPORTATION BOARD Release of Waybill Data The Surface Transportation Board has received a request from the Chicago Region Environmental and Transportation Efficiency Program (WB21–19—2/10/21) for permission to use select data from the Board’s 2018– 2019 Masked Carload Waybill Sample. A copy of this request may be obtained from the Board’s website under docket no. WB21–19. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Alexander Dusenberry, (202) 245–0319. Brendetta Jones, Clearance Clerk. [FR Doc. 2021–03615 Filed 2–22–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36377 (Sub-No. 3)] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company By petition filed on December 28, 2020, BNSF Railway Company (BNSF) requests that the Board partially revoke the trackage rights exemption granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36377 (Sub-No. 2), as necessary to permit that trackage rights PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 11043 arrangement to expire at midnight on December 31, 2021. As explained by BNSF in its verified notice of exemption in Docket No. FD 36377 (Sub-No. 2), BNSF and Union Pacific Railroad Company (UP) entered into an agreement granting BNSF restricted, local trackage rights over two rail lines owned by UP between: (1) UP milepost 93.2 at Stockton, Cal., on UP’s Oakland Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP’s Canyon Subdivision, a distance of 126.2 miles; and (2) UP milepost 219.4 at Elsey, and UP milepost 280.7 at Keddie, Cal., on UP’s Canyon Subdivision, a distance of 61.3 miles (collectively, the Lines). BNSF Verified Notice of Exemption 1 n.1, 2, BNSF Ry.—Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 2). BNSF further stated that the trackage rights arrangement is intended to permit BNSF to move empty and loaded unit ballast trains to and from the ballast pit located at Elsey. Id. BNSF filed its verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7), explaining that, because the trackage rights covered by the notice in Docket No. FD 36377 (Sub-No. 2) are local rather than overhead rights, they do not qualify for the Board’s class exemption for temporary trackage rights under 49 CFR 1180.2(d)(8). BNSF Verified Notice of Exemption 1 n.1, BNSF Ry.— Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 2). In its petition, BNSF asks the Board to partially revoke the exemption as necessary to permit the trackage rights to expire at midnight on December 31, 2021, pursuant to the parties’ agreement. (See BNSF Pet. 1–2); see also BNSF Verified Notice of Exemption Ex. B at 2, BNSF Ry.—Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 2). BNSF argues that granting this petition will promote the rail transportation policy and that the revocation would be consistent with the limited scope of the transaction and would not have an adverse effect on shippers. (BNSF Pet. 3.) In addition, BNSF asserts that the Board has granted similar petitions for partial revocation to permit temporary trackage rights to expire, including a petition filed last year in Docket No. FD 36377 (Sub-No. 1), involving a prior iteration of the trackage rights agreement at issue here. (Id.) Discussion and Conclusions Although BNSF and UP have expressly agreed on the duration of the proposed trackage rights agreement, trackage rights approved under the class exemption at 1180.2(d)(7) typically E:\FR\FM\23FEN1.SGM 23FEN1 11044 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices remain effective indefinitely, regardless of any contract provisions. Occasionally, however, the Board has partially revoked a trackage rights exemption to allow those rights to expire after a limited time period rather than lasting in perpetuity. See, e.g., BNSF Ry.––Trackage Rts. Exemption–– Union Pac. R.R., FD 36377 (Sub-No. 1) (STB served Mar. 11, 2020) (granting a petition to partially revoke a trackage rights exemption involving the Lines at issue in this case); New Orleans Pub. Belt R.R.—Trackage Rts. Exemption—Ill. Cent. R.R., FD 36198 (Sub-No. 1) (STB served June 20, 2018). Granting partial revocation in these circumstances to permit the trackage rights to expire at the end of 2021 would eliminate the need for BNSF to file a second pleading seeking discontinuance authority when the agreement expires, thereby promoting the aspects of the rail transportation policy at 49 U.S.C. 10101(2), (7), and (15). Moreover, partially revoking the exemption to limit the term of the trackage rights would have no adverse impact on shippers because the trackage rights at issue are solely to allow BNSF to move empty and loaded ballast trains to and from the ballast pit in Elsey for use in BNSF’s maintenance-of-way projects. (See BNSF Pet. 2.) Therefore, the Board will grant the petition and permit the trackage rights exempted in Docket No. FD 36377 (Sub-No. 2) to expire at midnight on December 31, 2021. To provide the statutorily mandated protection to any employee adversely affected by the discontinuance of trackage rights, the Board will impose the employee protective conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). This action is categorically excluded from environmental review under 49 CFR 1105.6(c). It is ordered: 1. The petition for partial revocation of the trackage rights class exemption is granted. 2. As discussed above, the trackage rights in Docket No. FD 36377 (Sub-No. 2) are permitted to expire at midnight on December 31, 2021, subject to the employee protective conditions set forth in Oregon Short Line. 3. Notice of this decision will be published in the Federal Register. 4. This decision is effective on March 25, 2021. Petitions for stay must be filed by March 5, 2021. Petitions for reconsideration must be filed by March 15, 2021. Decided: February 17, 2021. VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and Schultz. Tammy Lowery, Clearance Clerk. [FR Doc. 2021–03670 Filed 2–22–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2021–2049] Petition for Exemption; Summary of Petition Received; Accelerated Aviation Instruction, LLC Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before March 15, 2021. ADDRESSES: Send comments identified by docket number FAA–2020–1153 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as DATES: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Megan Blatchford, (202) 267–9677, Megan.B.Blatchford@faa.gov, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC. Timothy R. Adams, Deputy Executive Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2020–1153. Petitioner: Accelerated Aviation Instruction, LLC. Section of 14 CFR Affected: § 61.129(b)(3)(ii). Description of Relief Sought: Accelerated Aviation Instruction, LLC (AAI) seeks relief from § 61.129(b)(3)(ii) of Title 14, Code of Federal Regulations to allow AAI to use a multiengine airplane with a fixed landing gear (Partenavia P68C) in place of a complex multi-engine or turbine powered airplane to satisfy the experience requirements for commercial pilot certificate with an airplane multiengine rating. [FR Doc. 2021–03631 Filed 2–22–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0053] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from seven individuals for SUMMARY: E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

Surface Transportation Board

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11043-11044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03670]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36377 (Sub-No. 3)]


BNSF Railway Company--Trackage Rights Exemption--Union Pacific 
Railroad Company

    By petition filed on December 28, 2020, BNSF Railway Company (BNSF) 
requests that the Board partially revoke the trackage rights exemption 
granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36377 (Sub-No. 
2), as necessary to permit that trackage rights arrangement to expire 
at midnight on December 31, 2021.
    As explained by BNSF in its verified notice of exemption in Docket 
No. FD 36377 (Sub-No. 2), BNSF and Union Pacific Railroad Company (UP) 
entered into an agreement granting BNSF restricted, local trackage 
rights over two rail lines owned by UP between: (1) UP milepost 93.2 at 
Stockton, Cal., on UP's Oakland Subdivision, and UP milepost 219.4 at 
Elsey, Cal., on UP's Canyon Subdivision, a distance of 126.2 miles; and 
(2) UP milepost 219.4 at Elsey, and UP milepost 280.7 at Keddie, Cal., 
on UP's Canyon Subdivision, a distance of 61.3 miles (collectively, the 
Lines). BNSF Verified Notice of Exemption 1 n.1, 2, BNSF Ry.--Trackage 
Rts. Exemption--Union Pac. R.R., FD 36377 (Sub-No. 2). BNSF further 
stated that the trackage rights arrangement is intended to permit BNSF 
to move empty and loaded unit ballast trains to and from the ballast 
pit located at Elsey. Id. BNSF filed its verified notice of exemption 
under the Board's class exemption procedures at 49 CFR 1180.2(d)(7), 
explaining that, because the trackage rights covered by the notice in 
Docket No. FD 36377 (Sub-No. 2) are local rather than overhead rights, 
they do not qualify for the Board's class exemption for temporary 
trackage rights under 49 CFR 1180.2(d)(8). BNSF Verified Notice of 
Exemption 1 n.1, BNSF Ry.--Trackage Rts. Exemption--Union Pac. R.R., FD 
36377 (Sub-No. 2).
    In its petition, BNSF asks the Board to partially revoke the 
exemption as necessary to permit the trackage rights to expire at 
midnight on December 31, 2021, pursuant to the parties' agreement. (See 
BNSF Pet. 1-2); see also BNSF Verified Notice of Exemption Ex. B at 2, 
BNSF Ry.--Trackage Rts. Exemption--Union Pac. R.R., FD 36377 (Sub-No. 
2). BNSF argues that granting this petition will promote the rail 
transportation policy and that the revocation would be consistent with 
the limited scope of the transaction and would not have an adverse 
effect on shippers. (BNSF Pet. 3.) In addition, BNSF asserts that the 
Board has granted similar petitions for partial revocation to permit 
temporary trackage rights to expire, including a petition filed last 
year in Docket No. FD 36377 (Sub-No. 1), involving a prior iteration of 
the trackage rights agreement at issue here. (Id.)

Discussion and Conclusions

    Although BNSF and UP have expressly agreed on the duration of the 
proposed trackage rights agreement, trackage rights approved under the 
class exemption at 1180.2(d)(7) typically

[[Page 11044]]

remain effective indefinitely, regardless of any contract provisions. 
Occasionally, however, the Board has partially revoked a trackage 
rights exemption to allow those rights to expire after a limited time 
period rather than lasting in perpetuity. See, e.g., BNSF Ry.--Trackage 
Rts. Exemption--Union Pac. R.R., FD 36377 (Sub-No. 1) (STB served Mar. 
11, 2020) (granting a petition to partially revoke a trackage rights 
exemption involving the Lines at issue in this case); New Orleans Pub. 
Belt R.R.--Trackage Rts. Exemption--Ill. Cent. R.R., FD 36198 (Sub-No. 
1) (STB served June 20, 2018).
    Granting partial revocation in these circumstances to permit the 
trackage rights to expire at the end of 2021 would eliminate the need 
for BNSF to file a second pleading seeking discontinuance authority 
when the agreement expires, thereby promoting the aspects of the rail 
transportation policy at 49 U.S.C. 10101(2), (7), and (15). Moreover, 
partially revoking the exemption to limit the term of the trackage 
rights would have no adverse impact on shippers because the trackage 
rights at issue are solely to allow BNSF to move empty and loaded 
ballast trains to and from the ballast pit in Elsey for use in BNSF's 
maintenance-of-way projects. (See BNSF Pet. 2.) Therefore, the Board 
will grant the petition and permit the trackage rights exempted in 
Docket No. FD 36377 (Sub-No. 2) to expire at midnight on December 31, 
2021.
    To provide the statutorily mandated protection to any employee 
adversely affected by the discontinuance of trackage rights, the Board 
will impose the employee protective conditions set forth in Oregon 
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    It is ordered:
    1. The petition for partial revocation of the trackage rights class 
exemption is granted.
    2. As discussed above, the trackage rights in Docket No. FD 36377 
(Sub-No. 2) are permitted to expire at midnight on December 31, 2021, 
subject to the employee protective conditions set forth in Oregon Short 
Line.
    3. Notice of this decision will be published in the Federal 
Register.
    4. This decision is effective on March 25, 2021. Petitions for stay 
must be filed by March 5, 2021. Petitions for reconsideration must be 
filed by March 15, 2021.

    Decided: February 17, 2021.

    By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and 
Schultz.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2021-03670 Filed 2-22-21; 8:45 am]
BILLING CODE 4915-01-P

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