BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 6935-6936 [2022-02479]

Download as PDF 6935 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices receive Social Security coverage for their members. Type of Request: Revision of an OMBapproved information collection. Number of respondents Modality of completion Frequency of Response Average burden per response (minutes) Estimated total annual burden (hours) Average theoretical hourly cost amount (dollars) * Total annual opportunity cost (dollars) ** SSA–177 .................................................. SSA–177–OP1 ......................................... 6 6 1 1 10 10 1 1 * $19.01 ** $19 * 19.01 ** 19 Totals ................................................ 12 ........................ ........................ 2 ........................ ** 38 * We based this figure by averaging both the average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/ 2021FactSheet.pdf), and the average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application. Dated: February 2, 2022. Naomi Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2022–02474 Filed 2–4–22; 8:45 am] BILLING CODE 4191–02–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36377 (Sub-No. 5)] jspears on DSK121TN23PROD with NOTICES1 BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company By petition filed on December 13, 2021, 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. 4), as necessary to permit that trackage rights arrangement to expire at midnight on December 31, 2022. As explained by BNSF in its verified notice of exemption in Docket No. FD 36377 (Sub-No. 4), 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– 2, BNSF Ry.—Trackage Rts. Exemption—Union Pac. R.R., FD 36377 (Sub-No. 4). 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. at 2. BNSF filed its verified notice of VerDate Sep<11>2014 17:36 Feb 04, 2022 Jkt 256001 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. 4) 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. 4). 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, 2022, 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. 4). 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 petitions involving prior iterations 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 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., PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 BNSF Ry.––Trackage Rts. Exemption–– Union Pac. R.R., FD 36377 (Sub-No. 3) (STB served Feb. 23, 2021) (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 2022 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. 4) to expire at midnight on December 31, 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. E:\FR\FM\07FEN1.SGM 07FEN1 6936 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 2. As discussed above, the trackage rights in Docket No. FD 36377 (Sub-No. 4) are permitted to expire at midnight on December 31, 2022, 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 9, 2022. Petitions for stay must be filed by February 17, 2022. Petitions for reconsideration must be filed by February 28, 2022. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Aretha Laws-Byrum, Clearance Clerk. Federal Highway Administration Buy America Waiver Notification Notice. This notice provides information regarding FHWA’s finding that it is appropriate to grant a Buy America waiver to the Golden Gate Bridge, Highway & Transportation District (District) for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Golden Gate Bridge Physical Suicide Deterrent System Project (Project) is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. SUMMARY: [Docket No. EP 290 (Sub-No. 4)] Railroad Cost Recovery Procedures— Productivity Adjustment Surface Transportation Board. Presentation of the Board’s calculation for the change in railroad productivity for the 2016–2020 averaging period. ACTION: In a decision served on February 3, 2022, the Board proposed to adopt 1.025 (2.5% per year) as the measure of average (geometric mean) change in railroad productivity for the 2016–2020 (five-year) period. The Board’s February 3, 2022 decision stated that comments may be filed addressing any perceived data and computational errors in the Board’s calculation. The decision also stated that, unless a further order is issued postponing the effective date, the decision will take effect on March 1, 2022. SUMMARY: Comments are due by February 24, 2022. DATES: Comments may be e-filed on the Board’s website at www.stb.gov. Comments must be served on all parties appearing on the service list. ADDRESSES: FOR FURTHER INFORMATION CONTACT: jspears on DSK121TN23PROD with NOTICES1 DEPARTMENT OF TRANSPORTATION ACTION: SURFACE TRANSPORTATION BOARD Pedro Ramirez at (202) 245–0333. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Jkt 256001 For questions about this notice, please contact Mr. Brian Hogge, FHWA Office of Infrastructure, 202–366–1562, or via email at Brian.Hogge@dot.gov. For legal questions, please contact Mr. Patrick C. Smith, FHWA Office of the Chief Counsel, 202–366–1345, or via email at Patrick.C.Smith@dot.gov. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Electronic Access Additional information is contained in the Board’s decision, which is available at www.stb.gov. Decided: February 2, 2022. The effective date of the waiver is February 8, 2022. DATES: SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: 17:36 Feb 04, 2022 BILLING CODE 4915–01–P Federal Highway Administration (FHWA), Department of Transportation (DOT). BILLING CODE 4915–01–P VerDate Sep<11>2014 [FR Doc. 2022–02508 Filed 2–4–22; 8:45 am] AGENCY: [FR Doc. 2022–02479 Filed 2–4–22; 8:45 am] AGENCY: By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Kenyatta Clay, Clearance Clerk. An electronic copy of this document may be downloaded from the Federal Register’s home page at: www.FederalRegister.gov and the Government Publishing Office’s database at: www.GovInfo.gov. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 Background FHWA’s Buy America regulation in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not produced in the United States in sufficient and reasonably available quantities. This notice provides information regarding FHWA’s finding that it is appropriate to grant the District a Buy America waiver for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Project is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. Background on the Project: On average, 30 people die from suicide at the Golden Gate Bridge each year. Hundreds more are stopped by the District, the California Highway Patrol, or other intervention. The District determined that a physical barrier was needed to stop suicides from the bridge. The Project, Federal Aid Project No. BHLS–6003(051), involves the construction of a horizontal stainlesssteel net supported by steel net supports for the full length of the bridge, except for a tall vertical railing installed in one location. The horizontal steel net system uses all American steel. The Project also includes the replacement of the bridge maintenance travelers with new travelers because the installation of the net will block the movement of the existing travelers. In this context, a ‘‘traveler’’ means a moveable inspection and maintenance platform, which travels on steel rails and trolley beams and is designed to provide access to the bridge. A new replacement traveler access system is necessary to allow continued inspections and routine maintenance operations after the Suicide Deterrent System is constructed. Some of the traveler equipment is not available with the required Buy America certification because it is not E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6935-6936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02479]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36377 (Sub-No. 5)]


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

    By petition filed on December 13, 2021, 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. 
4), as necessary to permit that trackage rights arrangement to expire 
at midnight on December 31, 2022.
    As explained by BNSF in its verified notice of exemption in Docket 
No. FD 36377 (Sub-No. 4), 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 1-2, BNSF Ry.--Trackage Rts. 
Exemption--Union Pac. R.R., FD 36377 (Sub-No. 4). 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. at 2. 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. 4) 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. 4).
    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, 2022, 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. 
4). 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 petitions involving 
prior iterations 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 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. 3) (STB served Feb. 23, 2021) 
(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 2022 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. 4) to expire at midnight on December 31, 
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.

[[Page 6936]]

    2. As discussed above, the trackage rights in Docket No. FD 36377 
(Sub-No. 4) are permitted to expire at midnight on December 31, 2022, 
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 9, 2022. Petitions for stay 
must be filed by February 17, 2022. Petitions for reconsideration must 
be filed by February 28, 2022.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-02479 Filed 2-4-22; 8:45 am]
BILLING CODE 4915-01-P