Grainbelt Corporation-Trackage Rights Exemption-BNSF Railway Company, 31839-31840 [2023-10627]

Download as PDF 31839 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices may request include forms or nonstandardized evidence to support the request [e.g., pay stubs, bank statements, pension award letters, tax documents, child support payment history, etc.]). From this screen, the individual will be able to upload the corresponding files from an electronic device. Once they finish uploading the documents, the respondents must select the Submit button to complete the action and the system will present them with an indicator of success or failure. The system will notify the technician through the Technician Experience Dashboard (TED) when the document is available for review and consideration. The second release of Upload Documents (eSubmit) will include an electronic signature functionality that Modality of completion Internet lease Internet lease Number of respondents version Re#1 ................ Version Re#2 ................ Totals ................ will allow respondents to submit some forms requiring signature. Respondents are first-party individuals who choose to use the internet to conduct business with us. To ensure Upload Documents (eSubmit) will collect respondents’ legally enforceable electronic signature, SSA developed an electronic signing process in consideration of the five requirements for a legally valid and binding electronic signature established by the General Services Administration, Federal Chief Information Officers Council guidance in Use of Electronic Signatures in Federal Organization Transactions: (1) Identification and Authentication of Signer; (2) Electronic Form of Signature; (3) Intent to Sign; (4) Signature Attached to or Associated Frequency of response Average burden per response (minutes) Estimated total annual burden (hours) with the Signed Electronic Record; and (5) Preservation of the Integrity of the Record. Our new Upload Documents (eSubmit) platform will incorporate these requirements for the second release, thereby allowing us to accept electronically signed forms and documents through the new Upload Documents (eSubmit) portal. To ensure our system is prepared to accept forms electronically signed in this manner, we will complete periodic future releases after the second release to allow Upload Documents (eSubmit) to accept more agency forms in the future. Respondents are first-party individuals who choose to use the internet to conduct business with us. Type of Request: Request for a new information collection. Average theoretical hourly cost amount (dollars) * Average wait time for teleservice center (minutes) ** Total annual opportunity cost (dollars) ** 904,569 1 7 105,533 * $28.01 ** 19 *** $10,979,357 960,196 1 7 112,023 * 28.01 ** 19 *** 11,649,539 1,864,765 ........................ ........................ 217,556 * 28.01 ** 19 *** 22,628,896 * We based these figures on average U.S. worker’s hourly wages (based on BLS.gov data, https://www.bls.gov/oes/current/oes_nat.htm). ** We based this figure on average FY 2023 wait times for teleservice centers (approximately 19 minutes per respondent), based on SSA’s current management information data. *** 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: May 15, 2023. Naomi Sipple, Reports Clearance Officer, Social Security Administration. Contact: Alexander Dusenberry, (202) 245–0319. Contact: Alexander Dusenberry, (202) 245–0319. Jeffrey Herzig, Clearance Clerk. Brendetta Jones, Clearance Clerk. [FR Doc. 2023–10568 Filed 5–17–23; 8:45 am] [FR Doc. 2023–10642 Filed 5–17–23; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD SURFACE TRANSPORTATION BOARD SURFACE TRANSPORTATION BOARD Release of Waybill Data Release of Waybill Data [Docket No. FD 36486 (Sub-No. 5)] The Surface Transportation Board has received a request from Jin Yang of Northwestern University (WB23–30—5/ 11/23) for permission to use data from the Board’s annual 1984–2021 unmasked Carload Waybill Samples. A copy of this request may be obtained from the Board’s website under docket no. WB23–30. 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. The Surface Transportation Board has received a request from William G. Secor (WB23–23—3/27/23) for permission to use data from the Board’s annual 2008–2020 unmasked Carload Waybill Samples. A copy of this request may be obtained from the Board’s website under Docket No. WB23–23. 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. Grainbelt Corporation—Trackage Rights Exemption—BNSF Railway Company [FR Doc. 2023–10633 Filed 5–17–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4191–02–P VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 By petition filed on February 21, 2023, 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 (Sub-No. 4), as necessary to permit that trackage rights arrangement to expire on March 31, 2024. GNBC filed its verified notice of exemption on February 21, 2023, and simultaneously filed its petition for partial revocation. Notice of the exemption was served and published in the Federal Register (88 FR 14,664) on E:\FR\FM\18MYN1.SGM 18MYN1 31840 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 March 9, 2023, and the exemption became effective on March 23, 2023. As explained by GNBC in its verified notice of exemption in Docket No. FD 36486 (Sub-No. 4), GNBC and BNSF Railway Company (BNSF) have entered into an amendment to extend the term of the previously amended, local trackage rights on trackage owned by BNSF 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) 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 (collectively, the PCCA Trackage Rights). (GNBC Verified Notice of Exemption 3–5, Grainbelt Corp.—Trackage Rts. Exemption—BNSF Ry., FD 36486 (Sub-No. 4).) GNBC explains that the trackage rights covered by the verified notice in Docket No. FD 36486 (Sub-No. 4) 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. 3–4.) GNBC therefore filed its verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7) and a petition for partial revocation of the exemption as necessary to permit the PCCA Trackage Rights to expire on March 31, 2024, pursuant to the parties’ agreement. (GNBC Pet 3.) GNBC argues that the requested relief will promote the rail transportation policy and is limited in scope. (Id. at 4–5.) GNBC also asserts that the Board has routinely granted similar petitions to allow trackage rights to expire on a negotiated date. (Id. at 4.) 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 49 CFR 1180.2(d)(7) typically remain effective indefinitely, regardless of any contractual 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., Grainbelt Corp.— Trackage Rts. Exemption—BNSF Ry., FD 36486 (Sub-No. 3) (STB served Apr. 6, 2022) (granting a petition to partially revoke a trackage rights exemption involving the Line at issue in this case); VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 BNSF Ry.—Trackage Rts. Exemption— Union Pac. R.R., FD 36377 (Sub-No. 7) (STB served Mar. 2, 2023); 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 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.1 Therefore, the Board will grant the petition and permit the trackage rights exempted in Docket No. FD 36486 (SubNo. 4) to expire on March 31, 2024. 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 (Sub-No. 4) are permitted to expire on March 31, 2024, subject to the employee protective conditions set forth in Oregon Short Line Railroad, 360 I.C.C. 91. 3. Notice of this decision will be published in the Federal Register. 4. This decision is effective on June 14, 2023. Petitions to stay must be filed by May 25, 2023. Petitions for reconsideration must be filed by June 5, 2023. Decided: May 15, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Eden Besera, Clearance Clerk. [FR Doc. 2023–10627 Filed 5–17–23; 8:45 am] BILLING CODE 4915–01–P 1 Because the proposed transaction is of limited scope, the Board need not make a market power finding. See 49 U.S.C. 10502(a). PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Availability of Draft Air Tour Management Plans and Draft Environmental Assessments (EA) and Public Meetings Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: The FAA, in cooperation with the National Park Service (NPS), has initiated development of ATMPs for Haleakala¯ National Park, Hawai1i Volcanoes National Park, Mount Rushmore National Memorial, and Badlands National Park (collectively referred to as the Parks) pursuant to the National Parks Air Tour Management Act of 2000 and its implementing regulations. This notice announces the public availability of the draft ATMPs and draft EAs for comment and the dates of the public meetings for each of the Parks. The purpose of the public meetings is to review the draft ATMPs with the public. The draft ATMPs provide acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the Parks’ natural and cultural resources and visitor experiences, as well as on tribal lands. In accordance with section 106 of the National Historic Preservation Act, the FAA and the NPS are also seeking public comment on the potential of the draft ATMPs to cause adverse effects to historic properties. DATES: SUMMARY: Comment Period Dates For Haleakala¯ and Hawai1i Volcanoes National Parks, comments must be received on or before June 16, 2023, by 8:00 p.m. HST. For Mount Rushmore National Memorial and Badlands National Park, comments must be received on or before June 16, 2023, by 11:59 MDT. Comments will be received on the NPS Planning, Environment and Public Comment System (PEPC) website. Each park’s website link is below: • Haleakala¯ National Park—https:// parkplanning.nps.gov/ HaleakalaATMP • Hawai1i Volcanoes National Park— https://parkplanning.nps.gov/ HawaiiVolcanoesATMP • Mount Rushmore National Memorial—https:// parkplanning.nps.gov/ MountRushmoreATMP E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31839-31840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10627]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36486 (Sub-No. 5)]


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

    By petition filed on February 21, 2023, 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 (Sub-No. 4), as necessary to permit that trackage rights 
arrangement to expire on March 31, 2024. GNBC filed its verified notice 
of exemption on February 21, 2023, and simultaneously filed its 
petition for partial revocation. Notice of the exemption was served and 
published in the Federal Register (88 FR 14,664) on

[[Page 31840]]

March 9, 2023, and the exemption became effective on March 23, 2023.
    As explained by GNBC in its verified notice of exemption in Docket 
No. FD 36486 (Sub-No. 4), GNBC and BNSF Railway Company (BNSF) have 
entered into an amendment to extend the term of the previously amended, 
local trackage rights on trackage owned by BNSF 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) 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 (collectively, the PCCA 
Trackage Rights). (GNBC Verified Notice of Exemption 3-5, Grainbelt 
Corp.--Trackage Rts. Exemption--BNSF Ry., FD 36486 (Sub-No. 4).)
    GNBC explains that the trackage rights covered by the verified 
notice in Docket No. FD 36486 (Sub-No. 4) 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. 3-4.) GNBC therefore filed its verified notice of exemption 
under the Board's class exemption procedures at 49 CFR 1180.2(d)(7) and 
a petition for partial revocation of the exemption as necessary to 
permit the PCCA Trackage Rights to expire on March 31, 2024, pursuant 
to the parties' agreement. (GNBC Pet 3.) GNBC argues that the requested 
relief will promote the rail transportation policy and is limited in 
scope. (Id. at 4-5.) GNBC also asserts that the Board has routinely 
granted similar petitions to allow trackage rights to expire on a 
negotiated date. (Id. at 4.)

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 49 CFR 1180.2(d)(7) typically remain effective 
indefinitely, regardless of any contractual 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., Grainbelt Corp.--Trackage Rts. Exemption--
BNSF Ry., FD 36486 (Sub-No. 3) (STB served Apr. 6, 2022) (granting a 
petition to partially revoke a trackage rights exemption involving the 
Line at issue in this case); BNSF Ry.--Trackage Rts. Exemption--Union 
Pac. R.R., FD 36377 (Sub-No. 7) (STB served Mar. 2, 2023); 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 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.\1\ Therefore, the Board will grant the 
petition and permit the trackage rights exempted in Docket No. FD 36486 
(Sub-No. 4) to expire on March 31, 2024.
---------------------------------------------------------------------------

    \1\ 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 
(Sub-No. 4) are permitted to expire on March 31, 2024, subject to the 
employee protective conditions set forth in Oregon Short Line Railroad, 
360 I.C.C. 91.
    3. Notice of this decision will be published in the Federal 
Register.
    4. This decision is effective on June 14, 2023. Petitions to stay 
must be filed by May 25, 2023. Petitions for reconsideration must be 
filed by June 5, 2023.

    Decided: May 15, 2023.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-10627 Filed 5-17-23; 8:45 am]
BILLING CODE 4915-01-P
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