Red River Valley & Western Railroad Company-Acquisition and Operation Exemption-Rail Line of BNSF Railway Company, 62140 [2023-19443]

Download as PDF 62140 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices ** 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: September 1, 2023. Naomi Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2023–19371 Filed 9–7–23; 8:45 am] BILLING CODE 4191–02–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36719] Red River Valley & Western Railroad Company—Acquisition and Operation Exemption—Rail Line of BNSF Railway Company lotter on DSK11XQN23PROD with NOTICES1 Red River Valley & Western Railroad Company (RRVW), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an approximately 0.4-mile rail line, extending from milepost 54.55 to milepost 54.95 in Casselton, Cass County, N.D. (the Line).1 According to the verified notice, RRVW reached an agreement with BNSF in 2006 for acquisition and operation of the Line. RRVW states that the parties’ transaction was consummated in 2006 and that RRVW has been operating over the Line since that time.2 RRVW states, however, that it recently discovered that it inadvertently neglected to seek acquisition and operation authority for the Line from the Board when it acquired the Line from BNSF. RRVW now seeks after-the-fact Board authorization for its prior acquisition and operation of the Line.3 RRVW certifies that the proposed acquisition of the Line does not involve any interchange commitments. RRVW further certifies that its projected revenues as a result of this transaction will not (and did not) result in the creation of a Class II or Class I rail carrier. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues 1 On September 1, 2023, RRVW filed an errata to its verified notice of exemption to note that the Line is an approximately 0.4-mile rail segment, rather than a 0.5-mile rail segment as previously indicated in its notice filed on August 23, 2023. 2 RRVW states that, in 1987, it received authority from the agency to acquire the tracks, physical assets, and common carrier obligation for 656 miles of various rail lines from BNSF. See Red River Valley & W. R.R.—Acquis. & Operation Exemption—Certain Lines of Burlington N. R.R., FD 31071 (ICC served July 22, 1987). According to RRVW, the Line was not part of that original transaction but provides a connection from the lines acquired in 1987 to one of RRVW’s customers, Tharaldson Ethanol. 3 RRVW is not seeking retroactive effectiveness for the exemption. VerDate Sep<11>2014 17:30 Sep 07, 2023 Jkt 259001 will exceed $5 million, it must, at least 60 days before the exemption becomes effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. However, RRVW has filed a request for partial waiver of the 60-day advance labor notice requirements to allow the exemption to take effect as soon as its waiver request is granted, but no earlier than 30 days after the filing of RRVW’s notice of exemption. RRVW’s waiver request will be addressed in a separate decision. The Board will establish the effective date of the exemption in its separate decision on the waiver request. 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 15, 2023. All pleadings referring to Docket No. FD 36719 should be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on RRVW’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue NW, Suite 300, Washington, DC 20037. According to RRVW, this action is categorically excluded from environmental review under 49 CFR 1105.6(c)(1)(i) and from historic reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: September 5, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–19443 Filed 9–7–23; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2023–0038] Initial Decision That Certain Frontal Driver and Passenger Air Bag Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive Systems LLC Contain a Safety Defect; and Scheduling of a Public Meeting National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of initial decision and public meeting. AGENCY: NHTSA will hold a public meeting regarding its initial decision that certain frontal and passenger air bag inflators manufactured by ARC and Delphi through January 2018 contain a defect related to motor vehicle safety and should be recalled. DATES: The public meeting will be held at DOT headquarters in Washington, DC, beginning at 9:30 a.m. on October 5, 2023. ADDRESSES: You may submit written submissions to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: All submissions must include the agency name and docket number. Note that all written submissions received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion below. We will consider all written submissions received before the close of business on Friday, October 20, 2023. Docket: For access to the docket to read background documents or written submissions received, go to https:// www.regulations.gov at any time or to SUMMARY: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

Surface Transportation Board

[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Page 62140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19443]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36719]


Red River Valley & Western Railroad Company--Acquisition and 
Operation Exemption--Rail Line of BNSF Railway Company

    Red River Valley & Western Railroad Company (RRVW), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an 
approximately 0.4-mile rail line, extending from milepost 54.55 to 
milepost 54.95 in Casselton, Cass County, N.D. (the Line).\1\
---------------------------------------------------------------------------

    \1\ On September 1, 2023, RRVW filed an errata to its verified 
notice of exemption to note that the Line is an approximately 0.4-
mile rail segment, rather than a 0.5-mile rail segment as previously 
indicated in its notice filed on August 23, 2023.
---------------------------------------------------------------------------

    According to the verified notice, RRVW reached an agreement with 
BNSF in 2006 for acquisition and operation of the Line. RRVW states 
that the parties' transaction was consummated in 2006 and that RRVW has 
been operating over the Line since that time.\2\ RRVW states, however, 
that it recently discovered that it inadvertently neglected to seek 
acquisition and operation authority for the Line from the Board when it 
acquired the Line from BNSF. RRVW now seeks after-the-fact Board 
authorization for its prior acquisition and operation of the Line.\3\
---------------------------------------------------------------------------

    \2\ RRVW states that, in 1987, it received authority from the 
agency to acquire the tracks, physical assets, and common carrier 
obligation for 656 miles of various rail lines from BNSF. See Red 
River Valley & W. R.R.--Acquis. & Operation Exemption--Certain Lines 
of Burlington N. R.R., FD 31071 (ICC served July 22, 1987). 
According to RRVW, the Line was not part of that original 
transaction but provides a connection from the lines acquired in 
1987 to one of RRVW's customers, Tharaldson Ethanol.
    \3\ RRVW is not seeking retroactive effectiveness for the 
exemption.
---------------------------------------------------------------------------

    RRVW certifies that the proposed acquisition of the Line does not 
involve any interchange commitments. RRVW further certifies that its 
projected revenues as a result of this transaction will not (and did 
not) result in the creation of a Class II or Class I rail carrier. 
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues 
will exceed $5 million, it must, at least 60 days before the exemption 
becomes effective, post a notice of its intent to undertake the 
proposed transaction at the workplace of the employees on the affected 
lines, serve a copy of the notice on the national offices of the labor 
unions with employees on the affected lines, and certify to the Board 
that it has done so. However, RRVW has filed a request for partial 
waiver of the 60-day advance labor notice requirements to allow the 
exemption to take effect as soon as its waiver request is granted, but 
no earlier than 30 days after the filing of RRVW's notice of exemption. 
RRVW's waiver request will be addressed in a separate decision. The 
Board will establish the effective date of the exemption in its 
separate decision on the waiver request.
    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 15, 
2023.
    All pleadings referring to Docket No. FD 36719 should be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
RRVW's representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
    According to RRVW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(1)(i) and from historic 
reporting requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 5, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-19443 Filed 9-7-23; 8:45 am]
BILLING CODE 4915-01-P

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