BNSF Railway Company-Trackage Rights Exemption-Montana Rail Link, Inc., 27946-27947 [2023-09360]

Download as PDF 27946 Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Notices amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR–CboeEDGX–2023– 030, and should be submitted on or before May 24, 2023. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.55 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–09335 Filed 5–2–23; 8:45 am] DEPARTMENT OF STATE [Public Notice: 12064] Notice of Determinations; Culturally Significant Object Being Imported for Exhibition—Determinations: ‘‘The Artist’s Mother: Whistler and Philadelphia’’ Exhibition Notice is hereby given of the following determinations: I hereby determine that a certain object being imported from abroad pursuant to an agreement with its foreign owner or custodian for temporary display in the exhibition ‘‘The Artist’s Mother: Whistler and Philadelphia’’ at the Philadelphia Museum of Art, Philadelphia, Pennsylvania, and at possible additional exhibitions or venues yet to be determined, is of cultural significance, and, further, that its temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public lotter on DSK11XQN23PROD with NOTICES1 55 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:32 May 02, 2023 Jkt 259001 FOR FURTHER INFORMATION CONTACT: Elliot Chiu, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Scott Weinhold, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2023–09413 Filed 5–2–23; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36693] BNSF Railway Company—Trackage Rights Exemption—Montana Rail Link, Inc. BILLING CODE 8011–01–P SUMMARY: Notice of these determinations be published in the Federal Register. BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 CFR 1180.2(d)(7), for acquisition of local and overhead trackage rights over approximately 65.7 miles of non-contiguous rail line owned by Montana Rail Link, Inc. (MRL), as follows: (1) from milepost 0.00 at Sappington, Mont., to milepost 9.84 at Harrison, Mont.; (2) from milepost 0.00 at East Helena, Mont., to milepost 4.86 at Montana City, Mont.; and (3) from milepost 0.00 at Logan, Mont., to milepost 51.00 at Spire Rock, Mont. (the Branch Lines). BNSF and MRL have entered into a written trackage rights agreement 1 that grants BNSF exclusive local and overhead trackage rights over the Branch Lines. This agreement is related to a recent Board decision in which MRL obtained authority to discontinue service over approximately 656.47 miles 1A redacted version of the trackage rights agreement between BNSF and MRL was filed with the verified notice. An unredacted version of the agreement was submitted to the Board under seal concurrently with a motion for protective order, which is addressed in a separate decision. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 of rail line and to discontinue trackage rights service over approximately 66.47 miles of rail line in Montana, Idaho, and Washington, thereby allowing BNSF to resume operations along this corridor.2 According to the verified notice, MRL has agreed to grant BNSF trackage rights over the Branch Lines in order to facilitate that restored BNSF service. While MRL will continue to own the Branch Lines, BNSF states that it has agreed with MRL that BNSF will fulfill any and all common carrier obligations and responsibilities relating to the Branch Lines in connection with BNSF’s trackage rights operations. The transaction may be consummated on or after May 17, 2023, the effective date of the exemption. As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). 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 for stay must be filed no later than May 10, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36693, must be filed with the Surface Transportation Board via efiling on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW, Washington, DC 20036. According to BNSF, 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: April 27, 2023. 2 Mont. Rail Link, Inc.—Discontinuance of Service Exemption—in Yellowstone, Stillwater, Sweet Grass, Park, Gallatin, Broadwater, Jefferson, Lewis & Clark, Powell, Deer Lodge, Granite, Missoula, Lake, Mineral, & Sanders Cntys., Mont.; Bonner & Kootenai Cntyss, Idaho; & Spokane Cnty., Wash., AB 575 (Sub-No. 2X) (STB served Mar. 8, 2023). E:\FR\FM\03MYN1.SGM 03MYN1 Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Notices By the Board, Mai T. Dinh, Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2023–09360 Filed 5–2–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2023–0011] Agency Information Collection Activities: Request for Comments for a New Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: The FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by July 3, 2023. ADDRESSES: You may submit comments identified by DOT Docket ID Number 2023–0011 by any of the following methods: Website: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to https:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–00012. Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dan Parker, Senior Program Analyst at danial.parker@dot.gov, Federal Highway Administration, Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Federal Share Flexibility Pilot Program. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:32 May 02, 2023 Jkt 259001 Background: This is a request for Office of Management and Budget (OMB) emergency clearance for a new information collection request (ICR) to enable the Department of Transportation (DOT) Federal Highway Administration (FHWA) to implement the Federal Share Flexibility Pilot Program (FSFPP). The FSFPP was authorized in the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Act) (Pub. L. 117–58) on November 15, 2021. This historic Act is a once-in-ageneration opportunity to support transformational investments in our Nation’s transportation infrastructure that will create good jobs, modernize our infrastructure, improve safety, tackle the climate crisis, and invest in communities that have too often been left behind. The Act includes the FSFPP to improve the safety, efficiency, and reliability of the movement of people and freight by replacing, rehabilitating, preserving, and protecting bridges in the National Bridge Inventory (NBI). The FSFPP is critical to enabling State Department of Transportation (State DOT) agencies participating in the pilot added flexibility in the management and reimbursement of FHWA funded programs. The statutory requirements of the FSFPP are found under section 11107 of the BIL and codified at 23 U.S.C. 120(l). This new provision under Title 23 requires the establishment of a FSFPP not later than 180 days after the date of enactment of the BIL. Under the pilot, up to 10 State DOTs may be selected to participate. Selected State DOTs in the pilot are allowed to determine the Federal share on an individual project that is more than 0 percent and up to 100 percent as long as the average annual Federal share of all participating projects does not exceed the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. Respondents: States, units of local government, and an Indian Tribe as defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5304). Expected Number of Respondents: 50. Frequency: One-time application, to be followed by project agreement execution, reimbursement of funds, reporting, and project closeout. Estimated Average Burden Hours per Response: 16. Estimated Total Annual Burden Hours: 800. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 27947 (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of thecollected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; 23 U.S.C. 134 and 135; and 23 CFR chapter 1, subchapter E, part 450. Dated: April 27, 2023. Michael Howell, FHWA Information Collection Officer. [FR Doc. 2023–09313 Filed 5–2–23; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2023–0030] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 11 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. DATES: The exemptions were applicable on April 26, 2023. The exemptions expire on April 26, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. Office hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUMMARY: E:\FR\FM\03MYN1.SGM 03MYN1

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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27946-27947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09360]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36693]


BNSF Railway Company--Trackage Rights Exemption--Montana Rail 
Link, Inc.

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(7), for acquisition of local and 
overhead trackage rights over approximately 65.7 miles of non-
contiguous rail line owned by Montana Rail Link, Inc. (MRL), as 
follows: (1) from milepost 0.00 at Sappington, Mont., to milepost 9.84 
at Harrison, Mont.; (2) from milepost 0.00 at East Helena, Mont., to 
milepost 4.86 at Montana City, Mont.; and (3) from milepost 0.00 at 
Logan, Mont., to milepost 51.00 at Spire Rock, Mont. (the Branch 
Lines).
    BNSF and MRL have entered into a written trackage rights agreement 
\1\ that grants BNSF exclusive local and overhead trackage rights over 
the Branch Lines. This agreement is related to a recent Board decision 
in which MRL obtained authority to discontinue service over 
approximately 656.47 miles of rail line and to discontinue trackage 
rights service over approximately 66.47 miles of rail line in Montana, 
Idaho, and Washington, thereby allowing BNSF to resume operations along 
this corridor.\2\ According to the verified notice, MRL has agreed to 
grant BNSF trackage rights over the Branch Lines in order to facilitate 
that restored BNSF service. While MRL will continue to own the Branch 
Lines, BNSF states that it has agreed with MRL that BNSF will fulfill 
any and all common carrier obligations and responsibilities relating to 
the Branch Lines in connection with BNSF's trackage rights operations.
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
BNSF and MRL was filed with the verified notice. An unredacted 
version of the agreement was submitted to the Board under seal 
concurrently with a motion for protective order, which is addressed 
in a separate decision.
    \2\ Mont. Rail Link, Inc.--Discontinuance of Service Exemption--
in Yellowstone, Stillwater, Sweet Grass, Park, Gallatin, Broadwater, 
Jefferson, Lewis & Clark, Powell, Deer Lodge, Granite, Missoula, 
Lake, Mineral, & Sanders Cntys., Mont.; Bonner & Kootenai Cntyss, 
Idaho; & Spokane Cnty., Wash., AB 575 (Sub-No. 2X) (STB served Mar. 
8, 2023).
---------------------------------------------------------------------------

    The transaction may be consummated on or after May 17, 2023, the 
effective date of the exemption.
    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    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 for stay must be filed no later than May 10, 2023 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36693, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on BNSF's 
representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW, Washington, DC 20036.
    According to BNSF, 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: April 27, 2023.


[[Page 27947]]


    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-09360 Filed 5-2-23; 8:45 am]
BILLING CODE 4915-01-P
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