Midcoast Railservice, Inc.-Change of Operators Exemption-Central Maine & Quebec Railway US, Inc., 47534-47535 [2021-18278]

Download as PDF 47534 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices Department’s senior management and IAG representatives with respect to industry and academia’s latest concepts, methods, best practices, innovations, and ideas related to supporting OBO’s vital mission. Additionally, time will be provided for members of the public to provide comment. To register, please provide your email address via email to IAGR@state.gov prior to September 7. Also, please forward any requests for reasonable accommodation by September 7. You can also visit the OBO website at https:// overseasbuildings.state.gov/ for additional information. Requests for reasonable accommodation made after that date will be considered but may not be able to be fulfilled. Please contact IAGR@state.gov with any questions. Kevin E. Bryant, Deputy Director, Office of Directives Management, U.S. Department of State. [FR Doc. 2021–18224 Filed 8–24–21; 8:45 am] BILLING CODE 4710–51–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36532] khammond on DSKJM1Z7X2PROD with NOTICES Finger Lakes Railway Corp.— Continuance in Control Exemption— Midcoast Railservice, Inc. Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Midcoast Railservice, Inc. (Midcoast), a noncarrier, upon Midcoast’s becoming a rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Midcoast Railservice, Inc.—Change of Operators Exemption— Central Maine & Quebec Railway, Docket No. FD 36531, in which Midcoast seeks to assume operations over approximately 58.68 miles of rail line currently operated by Central Maine & Quebec Railway US, Inc., in Cumberland, Knox, Lincoln, and Sagadahoc Counties, Me. The transaction may be consummated on or after September 8, 2021, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice of exemption, FGLK currently controls the Ontario Central Railroad Corp., a Class III carrier operating solely in the state of New York.1 FGLK represents that: (1) The rail line to be leased and operated by Midcoast does not connect with the rail lines of any of the rail carriers in FGLK’s corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the line to be operated by Midcoast with the rail lines of any carriers in FGLK’s corporate family; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 no later than September 1, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36532, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, one copy of each pleading must be served on FGLK’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to FGLK, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: August 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2021–18279 Filed 8–24–21; 8:45 am] BILLING CODE 4915–01–P 1 See Finger Lakes Ry.—Control Exemption— Ontario Cent. R.R., FD 35062 (STB served Oct. 1, 2007). VerDate Sep<11>2014 16:54 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. FD 36531] Midcoast Railservice, Inc.—Change of Operators Exemption—Central Maine & Quebec Railway US, Inc. Midcoast Railservice, Inc. (Midcoast), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.31(a)(3) to assume operations over approximately 58.68 miles of rail line (the Line) currently operated by Central Maine & Quebec Railway US, Inc. (CMQ), pursuant to a Lease and Operating Agreement (the Agreement) between the owner of the Line, the State of Maine Department of Transportation (Maine DOT), and CMQ. The Line consists of: (1) The Brunswick Terminal Area between the east side of Church Road, milepost 14.97, and Rock Jct., milepost 16.40; (2) the Rockland Branch between milepost 29.40 in Brunswick, Cumberland County, Me., and milepost 85.55 in Rockland, Knox County, Me.; and (3) the Atlantic Branch Line between milepost 85.55 and milepost 86.65 in Rockland. The Line runs through Cumberland, Knox, Lincoln, and Sagadahoc Counties, Me.1 This transaction is related to a verified notice of exemption filed concurrently in Finger Lakes Railway— Continuance in Control Exemption— Midcoast Railservice, Inc., Docket No. FD 36532, in which Finger Lakes Railway Corp. seeks to continue in control of Midcoast upon Midcoast’s becoming a rail carrier. According to the verified notice, an Assignment, Assumption and Consent Agreement (the Assignment) has been executed by Midcoast and CMQ and consented to by Maine DOT. Under the Assignment, CMQ is assigning its rights under the Agreement, and its associated common carrier service rights to operate the Line, to Midcoast. Midcoast will assume the Agreement and become the operator of the Line. Upon commencement of operations, Midcoast will become a Class III common carrier. According to Midcoast, the Agreement does not impose or include an interchange commitment. Midcoast certifies that its projected revenues as a result of the transaction will not result in the creation of a Class II or Class I rail 1 Midcoast notes that the mileposts and mileage differ slightly from those shown by CMQ when it took over operations of the Line in 2015. See Cent. Me. & Quebec Ry.—Lease & Operate Exemption— State of Me., FD 35975 (STB served Dec. 4, 2015). Midcoast believes the discrepancies relate to CMQ’s use of control points, rounding, and typographical errors. Midcoast states that it will assume the operations of all of the lines operated by CMQ pursuant to the Agreement. E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices carrier and that its revenues will not exceed $5 million. Under 49 CFR 1150.32(b), a change in operator exemption requires that notice be given to shippers. Midcoast states that it provided notice to shippers on the Line by serving them with a copy of the verified notice, as indicated in the certificate of service. The transaction may be consummated on or after September 8, 2021, the effective date of the exemption. 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 no later than September 1, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36531, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on Midcoast’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to Midcoast, this action is categorically excluded from historic preservation reporting requirements under 49 CFR 1105.8(b) and from environmental reporting requirements under 49 CFR 1105.6(c). Board decisions and notices are available at www.stb.gov. Decided: August 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2021–18278 Filed 8–24–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2021–0076] khammond on DSKJM1Z7X2PROD with NOTICES Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on July 8, 2021, the Long Island Rail Road Company (LIRR) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 239 (Passenger Train Emergency Preparedness); 240 (Qualification and Certification of VerDate Sep<11>2014 16:54 Aug 24, 2021 Jkt 253001 Locomotive Engineers); and 242 (Qualification and Certification of Conductors). FRA assigned the petition Docket Number FRA–2021–0076. LIRR requests an extension of the relief that was granted to the American Public Transportation Association (APTA), on behalf of its member railroads, by letter dated September 18, 2020, from certain regulations pertaining to training.1 Specifically, LIRR refers to pages 10–11 of the FRA decision letter in Docket Number FRA– 2020–0060, regarding relief from recurrent/refresher training requirements for parts 239, 240, and 242. LIRR requests relief for approximately 30 ‘‘higher level Transportation Department employees.’’ LIRR states that it has had to limit classroom capacity for its training sessions because of the coronavirus disease 2019 (COVID–19) pandemic and states that it has a training backlog. Although LIRR expects to eliminate this backlog for some groups of employees by September 18, 2021, when the APTA relief expires, LIRR asserts that it does not have the necessary classroom or instructor availability to catch up on training its Transportation Department higher-level employees by that date. Instead, LIRR seeks an extension to permit recurrent/ refresher training of such employees to occur by December 31, 2021. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by September 9, 2021 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments 1 See https://www.regulations.gov/document/ FRA-2020-0060-0005. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 47535 received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT) solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2021–18243 Filed 8–24–21; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2021–0083] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on August 10, 2021, Terminal Railroad Association of St. Louis (Terminal Railroad) petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 240 (Qualification and Certification of Locomotive Engineers); and 242 (Qualification and Certification of Conductors). FRA assigned the petition Docket Number FRA–2021–0083. Terminal Railroad requests an extension of the relief that was granted to the American Short Line and Regional Railroad Association (ASLRRA), on behalf of its member railroads, by letter dated September 18, 2020, from certain regulations pertaining to vision and hearing acuity.1 Specifically, Terminal Railroad notes it seeks relief from engineer and conductor certification requirements in 49 CFR 240.121, Criteria for vision and hearing acuity data, and 242.117, Vision and hearing acuity. Terminal Railroad states that it has performed multiple searches to locate a clinic to perform vision and hearing acuity testing as required by §§ 240.121 1 See https://www.regulations.gov/document/ FRA-2020-0063-0003. E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47534-47535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18278]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36531]


Midcoast Railservice, Inc.--Change of Operators Exemption--
Central Maine & Quebec Railway US, Inc.

    Midcoast Railservice, Inc. (Midcoast), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.31(a)(3) to assume 
operations over approximately 58.68 miles of rail line (the Line) 
currently operated by Central Maine & Quebec Railway US, Inc. (CMQ), 
pursuant to a Lease and Operating Agreement (the Agreement) between the 
owner of the Line, the State of Maine Department of Transportation 
(Maine DOT), and CMQ. The Line consists of: (1) The Brunswick Terminal 
Area between the east side of Church Road, milepost 14.97, and Rock 
Jct., milepost 16.40; (2) the Rockland Branch between milepost 29.40 in 
Brunswick, Cumberland County, Me., and milepost 85.55 in Rockland, Knox 
County, Me.; and (3) the Atlantic Branch Line between milepost 85.55 
and milepost 86.65 in Rockland. The Line runs through Cumberland, Knox, 
Lincoln, and Sagadahoc Counties, Me.\1\
---------------------------------------------------------------------------

    \1\ Midcoast notes that the mileposts and mileage differ 
slightly from those shown by CMQ when it took over operations of the 
Line in 2015. See Cent. Me. & Quebec Ry.--Lease & Operate 
Exemption--State of Me., FD 35975 (STB served Dec. 4, 2015). 
Midcoast believes the discrepancies relate to CMQ's use of control 
points, rounding, and typographical errors. Midcoast states that it 
will assume the operations of all of the lines operated by CMQ 
pursuant to the Agreement.
---------------------------------------------------------------------------

    This transaction is related to a verified notice of exemption filed 
concurrently in Finger Lakes Railway--Continuance in Control 
Exemption--Midcoast Railservice, Inc., Docket No. FD 36532, in which 
Finger Lakes Railway Corp. seeks to continue in control of Midcoast 
upon Midcoast's becoming a rail carrier.
    According to the verified notice, an Assignment, Assumption and 
Consent Agreement (the Assignment) has been executed by Midcoast and 
CMQ and consented to by Maine DOT. Under the Assignment, CMQ is 
assigning its rights under the Agreement, and its associated common 
carrier service rights to operate the Line, to Midcoast. Midcoast will 
assume the Agreement and become the operator of the Line. Upon 
commencement of operations, Midcoast will become a Class III common 
carrier.
    According to Midcoast, the Agreement does not impose or include an 
interchange commitment. Midcoast certifies that its projected revenues 
as a result of the transaction will not result in the creation of a 
Class II or Class I rail

[[Page 47535]]

carrier and that its revenues will not exceed $5 million.
    Under 49 CFR 1150.32(b), a change in operator exemption requires 
that notice be given to shippers. Midcoast states that it provided 
notice to shippers on the Line by serving them with a copy of the 
verified notice, as indicated in the certificate of service.
    The transaction may be consummated on or after September 8, 2021, 
the effective date of the exemption.
    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 no later than September 1, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36531, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Midcoast's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to Midcoast, this action is categorically excluded from 
historic preservation reporting requirements under 49 CFR 1105.8(b) and 
from environmental reporting requirements under 49 CFR 1105.6(c).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 20, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-18278 Filed 8-24-21; 8:45 am]
BILLING CODE 4915-01-P
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