Grainbelt Corporation-Trackage Rights Exemption-BNSF Railway Company, 21780-21781 [2021-08492]

Download as PDF 21780 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–BX–2021–013, and should be submitted on or before May 14, 2021. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.29 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–08421 Filed 4–22–21; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36486 (Sub-No. 1)] khammond on DSKJM1Z7X2PROD with NOTICES Grainbelt Corporation—Trackage Rights Exemption—BNSF Railway Company By petition filed on February 26, 2021, Grainbelt Corporation (GNBC) requests that the Board partially revoke the trackage rights exemption granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36486, as necessary to permit that trackage rights arrangement to expire twelve months from the effective date of the exemption. GNBC filed its verified notice of exemption in Docket No. FD 36486 on February 26, 2021, and simultaneously filed its petition for partial revocation in this docket. Notice of the exemption was served and published in the Federal Register (86 FR 14,176) on March 12, 2021, and the exemption became effective on March 28, 2021. As explained by GNBC in its verified notice of exemption in Docket No. 36486, GNBC and BNSF Railway Company (BNSF) have entered into an amendment to their existing trackage rights agreement covering trackage between approximately milepost 668.73 in Long, Okla., and approximately milepost 723.30 in Quanah, Tex. (the Line), allowing GNBC to (1) use the Line to access the Plains Cotton Cooperative Association (PCCA) facility near BNSF Chickasha Subdivision milepost 688.6 at Altus, Okla., and (2) to operate additional trains on the Line to accommodate the movement of trains transporting BNSF customers’ railcars (loaded or empty) located along the Line, to unit train facilities on the Line.1 29 17 CFR 200.30–3(a)(12). states that it already holds overhead trackage rights granted by BNSF’s predecessor between Snyder Yard at milepost 664.00 and Quanah at milepost 723.30, allowing GNBC to interchange at Quanah with BNSF and Union Pacific Railroad Company. GNBC Verified Notice of 1 GNBC VerDate Sep<11>2014 18:15 Apr 22, 2021 Jkt 253001 GNBC Verified Notice of Exemption 1– 3, Grainbelt Corp.—Trackage Rts. Exemption—BNSF Ry., FD 36486. GNBC explains that the trackage rights covered by the verified notice in Docket No. FD 36486 are local rather than overhead rights and therefore they do not qualify for the Board’s class exemption for temporary trackage rights under 49 CFR 1180.2(d)(8). (GNBC Pet. 4.) GNBC therefore filed its verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7) and, in this sub-docket, filed a petition for partial revocation of the exemption as necessary to permit the amendment to the trackage rights to expire twelve months from the effective date, on March 28, 2022,2 pursuant to the parties’ agreement.3 (Id. at 3.) GNBC argues that the requested relief will promote the rail transportation policy and is limited in scope. (Id. at 4–6.) GNBC also asserts that the Board has routinely granted similar petitions to allow trackage rights to expire on a negotiated date. (Id. at 4–5.) On March 4, 2021, GNBC filed in Docket Nos. FD 36486 and FD 36486 (Sub-No. 1) letters of support from PCCA and Cargill Cotton asking that the Board promptly grant GNBC’s requests in both dockets. Discussion and Conclusions Although GNBC and BNSF have expressly agreed on the duration of the proposed trackage rights, trackage rights approved under the class exemption at § 1180.2(d)(7) typically remain effective indefinitely, regardless of any contract provisions. At times, however, the Board has partially revoked a trackage Exemption 2, Grainbelt Corp.—Trackage Rts. Exemption—BNSF Ry., FD 36486. According to GNBC, these original trackage rights were supplemented in 2009 to allow GNBC to operate between Snyder, Okla., and Altus, with the right to perform limited local service at Long, Okla. Id. (citing Grainbelt Corp.—Trackage Rts. Exemption— BNSF Ry., FD 35332 (STB served Dec. 17, 2009)). GNBC states that the trackage rights were further amended in 2013 to allow GNBC to provide local service to a grain shuttle facility in Headrick, Okla., and again in 2014 to allow GNBC to provide local service to a grain shuttle facility in Eldorado, Okla. Id. (citing Grainbelt Corp.—Trackage Rts. Exemption—BNSF Ry., FD 35719 (STB served Mar. 15, 2013), and Grainbelt Corp.—Trackage Rts. Exemption—BNSF Ry., FD 35831 (STB served June 12, 2014)). 2 On March 5, 2021, GNBC filed a supplement to clarify that the ‘‘effective date’’ referred to in the petition is the effective date of the exemption, which it identifies as March 29, 2021. (GNBC Suppl. 1.) However, the effective date of the exemption was March 28, 2021 (30 days from the filing of the verified notice); accordingly, the Board will interpret the petition as seeking to allow the trackage rights to expire on March 28, 2022. 3 GNBC states that the expiration of the trackage rights amendment sought here will not affect the termination date of the underlying trackage rights as supplemented and amended. (GNBC Pet. 3.) PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 rights exemption to allow those rights to expire after a limited time rather than lasting in perpetuity. See, e.g., BNSF Ry.—Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 3) (STB served Feb. 23, 2021); BNSF Ry.— Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 1) (STB served Mar. 11, 2020); New Orleans Pub. Belt R.R.—Trackage Rts. Exemption —Ill. Cent. R.R., FD 36198 (Sub-No. 1) (STB served June 20, 2018). Under 49 U.S.C. 10502, the Board may exempt a person, class of persons, or a transaction or service, in whole or in part, when the Board finds that: (1) Continued regulation is not necessary to carry out the rail transportation policy of 49 U.S.C. 10101; and (2) either the transaction or service is of limited scope, or regulation is not necessary to protect shippers from the abuse of market power. Granting partial revocation in these circumstances to permit the trackage rights to expire twelve months after the exemption’s effective date would eliminate the need for GNBC to file a second pleading seeking discontinuance when the agreement expires, thereby promoting 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 is consistent with the limited scope of the transaction previously exempted.4 Therefore, the Board will grant the petition and permit the trackage rights exempted in Docket No. FD 36486 to expire twelve months after the effective date of the exemption, on March 28, 2022. 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 36486 are permitted to expire on March 28, 2022, subject to the employee protective conditions set forth in Oregon Short Line. 4 Because the proposed transaction is of limited scope, the Board need not make a market power finding. See 49 U.S.C. 10502(a). E:\FR\FM\23APN1.SGM 23APN1 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices 3. Notice of this decision will be published in the Federal Register. 4. This decision is effective on May 20, 2021. Petitions to stay must be filed by April 30, 2021. Petitions for reconsideration must be filed by May 10, 2021. Decided: April 19, 2021. By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and Schultz. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–08492 Filed 4–22–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0203] Agency Information Collection Activities; Approval of a New Information Collection Request Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, Federal Motor Carrier Safety Administration (FMCSA) announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. This notice invites comment on a proposed information collection project titled Trucking Fleet Concept of Operations (CONOPS) for Managing Mixed Fleets. It is a survey study that will assess the self-reports of approximately 2,000 survey respondents, including commercial motor vehicle (CMV) fleet managers, CMV sales personnel, State and Federal government personnel, industry engineers, researchers, and CMV drivers. The questionnaire is designed to collect baseline opinions of automated driving systems (ADS) before and after hands-on demonstrations with ADS technologies. DATES: Please send your comments by May 24, 2021. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:15 Apr 22, 2021 Jkt 253001 ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Technology Division, Department of Transportation, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202–480–5240; email Thomas.Kelly@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Trucking Fleet Concept of Operations (CONOPS) for Managing Mixed Fleets. OMB Control No.: To be determined by OMB upon OMB approval of the ICR. Type of Request: new information collection. Respondents: CMV fleet managers, CMV sales personnel, State and Federal government personnel, industry engineers, researchers, and CMV drivers. Estimated Number of Respondents: 2,000 total respondents (675 CMV fleet managers, 150 CMV sales personnel, 600 Industry Engineers, 100 CMV Drivers, 325 State and Federal government, and 150 Researchers). Estimated Time per Response: 3.5 minutes for the Pre-Roadshow Questionnaire and 4.4 minutes for the Post-Roadshow Questionnaire. Expiration Date: This is a new information collection. Frequency of Response: On occasion (if attending one of four roadshows). Estimated Total Annual Burden: 175 hours. Background Although ADS-equipped trucks hold the promise of increased safety, productivity, and efficiency, it is not clear how these vehicles should be integrated into fleet operations with conventional trucks for mixed-fleet operations. Reflecting this issue is a question frequently asked by trucking executives: How can I integrate ADS into my fleet operations? FMCSA needs information from truck industry representatives regarding their opinions and perception of ADS. The introduction of ADS technology on heavy trucks (Class 8 vehicles) will profoundly affect all commerce in the U.S., as the U.S. moves more than 70% of all goods by truck. However, existing stakeholders in the road freight ecosystem (primarily for-hire and private truck fleets, but also shippers, brokers, truck manufacturers, and service and maintenance providers) do not have a clear picture of how they will implement ADS in their daily PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 21781 operations. At present, technical progress in this nascent but promising technology is outstripping the ability of truck fleets to keep up and plan for ADS deployment. This may adversely affect adoption by truck fleets and associated industries, resulting in the delayed achievement of safety, productivity, and efficiency benefits of ADS-equipped trucks. If ADS technology is to gain traction in the U.S. trucking industry, current stakeholders and new entrants need a rigorous, data driven CONOPS. This project focuses on the development and demonstration of a CONOPS for ADS-equipped trucks, which will ensure the results translate directly to real-world settings that are of practical importance to the trucking industry, regulators, and the public at large. Part of the development of CONOPS includes a series of outreach events where the public, with a focus on truck drivers and truck fleet managers, will have the opportunity to meet ADS technology developers and original equipment manufacturers. The outreach will also provide opportunities to participate in hands-on technology demonstrations, such as in-vehicle demonstrations and closed-course scenarios. Lessons learned from this demonstration will influence all three phases of the research to ensure the CONOPS developed is true to real-life fleet operations. Thus, the purpose of the hands-on demonstrations: (1) Expose truck fleet managers and other personnel, truck drivers, government officials, insurance and inspection personnel, and the general public to ADS; (2) collect valuable qualitative data on participants’ opinions and perceptions regarding ADS; and (3) use the data to ensure the CONOPS covers major industry concerns. Data will be collected from CMV drivers, CMV fleet managers, industry engineers, CMV sales personnel, researchers, and State and Federal government personnel at four roadshows. The roadshows will coincide with large conferences, such as the Technology Maintenance Council (TMC) Annual Meeting, North American Commercial Vehicle Show, SAE Commercial Vehicle Engineering Congress, and Automated Vehicle Symposium. The questionnaire data collected in Phase I of the study (preroadshow) will allow us to gather baseline opinions regarding ADS technologies. Once they participate in the hands-on demonstrations at the roadshow, we will see if their opinions on the technologies have changed (Phase 2 or post-roadshow). The research team will use cell phones to collect participant data E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21780-21781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08492]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36486 (Sub-No. 1)]


Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway 
Company

    By petition filed on February 26, 2021, Grainbelt Corporation 
(GNBC) requests that the Board partially revoke the trackage rights 
exemption granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 
36486, as necessary to permit that trackage rights arrangement to 
expire twelve months from the effective date of the exemption. GNBC 
filed its verified notice of exemption in Docket No. FD 36486 on 
February 26, 2021, and simultaneously filed its petition for partial 
revocation in this docket. Notice of the exemption was served and 
published in the Federal Register (86 FR 14,176) on March 12, 2021, and 
the exemption became effective on March 28, 2021.
    As explained by GNBC in its verified notice of exemption in Docket 
No. 36486, GNBC and BNSF Railway Company (BNSF) have entered into an 
amendment to their existing trackage rights agreement covering trackage 
between approximately milepost 668.73 in Long, Okla., and approximately 
milepost 723.30 in Quanah, Tex. (the Line), allowing GNBC to (1) use 
the Line to access the Plains Cotton Cooperative Association (PCCA) 
facility near BNSF Chickasha Subdivision milepost 688.6 at Altus, 
Okla., and (2) to operate additional trains on the Line to accommodate 
the movement of trains transporting BNSF customers' railcars (loaded or 
empty) located along the Line, to unit train facilities on the Line.\1\ 
GNBC Verified Notice of Exemption 1-3, Grainbelt Corp.--Trackage Rts. 
Exemption--BNSF Ry., FD 36486.
---------------------------------------------------------------------------

    \1\ GNBC states that it already holds overhead trackage rights 
granted by BNSF's predecessor between Snyder Yard at milepost 664.00 
and Quanah at milepost 723.30, allowing GNBC to interchange at 
Quanah with BNSF and Union Pacific Railroad Company. GNBC Verified 
Notice of Exemption 2, Grainbelt Corp.--Trackage Rts. Exemption--
BNSF Ry., FD 36486. According to GNBC, these original trackage 
rights were supplemented in 2009 to allow GNBC to operate between 
Snyder, Okla., and Altus, with the right to perform limited local 
service at Long, Okla. Id. (citing Grainbelt Corp.--Trackage Rts. 
Exemption--BNSF Ry., FD 35332 (STB served Dec. 17, 2009)). GNBC 
states that the trackage rights were further amended in 2013 to 
allow GNBC to provide local service to a grain shuttle facility in 
Headrick, Okla., and again in 2014 to allow GNBC to provide local 
service to a grain shuttle facility in Eldorado, Okla. Id. (citing 
Grainbelt Corp.--Trackage Rts. Exemption--BNSF Ry., FD 35719 (STB 
served Mar. 15, 2013), and Grainbelt Corp.--Trackage Rts. 
Exemption--BNSF Ry., FD 35831 (STB served June 12, 2014)).
---------------------------------------------------------------------------

    GNBC explains that the trackage rights covered by the verified 
notice in Docket No. FD 36486 are local rather than overhead rights and 
therefore they do not qualify for the Board's class exemption for 
temporary trackage rights under 49 CFR 1180.2(d)(8). (GNBC Pet. 4.) 
GNBC therefore filed its verified notice of exemption under the Board's 
class exemption procedures at 49 CFR 1180.2(d)(7) and, in this sub-
docket, filed a petition for partial revocation of the exemption as 
necessary to permit the amendment to the trackage rights to expire 
twelve months from the effective date, on March 28, 2022,\2\ pursuant 
to the parties' agreement.\3\ (Id. at 3.) GNBC argues that the 
requested relief will promote the rail transportation policy and is 
limited in scope. (Id. at 4-6.) GNBC also asserts that the Board has 
routinely granted similar petitions to allow trackage rights to expire 
on a negotiated date. (Id. at 4-5.)
---------------------------------------------------------------------------

    \2\ On March 5, 2021, GNBC filed a supplement to clarify that 
the ``effective date'' referred to in the petition is the effective 
date of the exemption, which it identifies as March 29, 2021. (GNBC 
Suppl. 1.) However, the effective date of the exemption was March 
28, 2021 (30 days from the filing of the verified notice); 
accordingly, the Board will interpret the petition as seeking to 
allow the trackage rights to expire on March 28, 2022.
    \3\ GNBC states that the expiration of the trackage rights 
amendment sought here will not affect the termination date of the 
underlying trackage rights as supplemented and amended. (GNBC Pet. 
3.)
---------------------------------------------------------------------------

    On March 4, 2021, GNBC filed in Docket Nos. FD 36486 and FD 36486 
(Sub-No. 1) letters of support from PCCA and Cargill Cotton asking that 
the Board promptly grant GNBC's requests in both dockets.

Discussion and Conclusions

    Although GNBC and BNSF have expressly agreed on the duration of the 
proposed trackage rights, trackage rights approved under the class 
exemption at Sec.  1180.2(d)(7) typically remain effective 
indefinitely, regardless of any contract provisions. At times, however, 
the Board has partially revoked a trackage rights exemption to allow 
those rights to expire after a limited time rather than lasting in 
perpetuity. See, e.g., BNSF Ry.--Trackage Rts. Exemption--Union Pac. 
R.R., FD 36377 (Sub-No. 3) (STB served Feb. 23, 2021); BNSF Ry.--
Trackage Rts. Exemption--Union Pac. R.R., FD 36377 (Sub-No. 1) (STB 
served Mar. 11, 2020); New Orleans Pub. Belt R.R.--Trackage Rts. 
Exemption --Ill. Cent. R.R., FD 36198 (Sub-No. 1) (STB served June 20, 
2018).
    Under 49 U.S.C. 10502, the Board may exempt a person, class of 
persons, or a transaction or service, in whole or in part, when the 
Board finds that: (1) Continued regulation is not necessary to carry 
out the rail transportation policy of 49 U.S.C. 10101; and (2) either 
the transaction or service is of limited scope, or regulation is not 
necessary to protect shippers from the abuse of market power.
    Granting partial revocation in these circumstances to permit the 
trackage rights to expire twelve months after the exemption's effective 
date would eliminate the need for GNBC to file a second pleading 
seeking discontinuance when the agreement expires, thereby promoting 
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 is consistent with the limited scope of the transaction 
previously exempted.\4\ Therefore, the Board will grant the petition 
and permit the trackage rights exempted in Docket No. FD 36486 to 
expire twelve months after the effective date of the exemption, on 
March 28, 2022.
---------------------------------------------------------------------------

    \4\ Because the proposed transaction is of limited scope, the 
Board need not make a market power finding. See 49 U.S.C. 10502(a).
---------------------------------------------------------------------------

    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 36486 
are permitted to expire on March 28, 2022, subject to the employee 
protective conditions set forth in Oregon Short Line.

[[Page 21781]]

    3. Notice of this decision will be published in the Federal 
Register.
    4. This decision is effective on May 20, 2021. Petitions to stay 
must be filed by April 30, 2021. Petitions for reconsideration must be 
filed by May 10, 2021.

    Decided: April 19, 2021.

    By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and 
Schultz.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-08492 Filed 4-22-21; 8:45 am]
BILLING CODE 4915-01-P
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