10430 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Notices 

1BNSF states that the trackage rights being 

granted here are only temporary rights, but, because 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATE: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before March 7, 2011. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2011–0049 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Keira Jones (202) 267–4025, Tyneka 

Thomas (202) 267–7626 or David 

Staples (202) 267–4058, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on February 17, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2011–0049. 

Petitioner: Pinnacle Airlines, Inc. 

Section of 14 CFR Affected: 14 CFR 

120.109(a)(1), (b), 120.115(c), 

120.217(c), 120.223(a)(1), and 

120.223(a)(1)(i). 

Description of Relief Sought 

Pinnacle seeks relief from conducting 

pre-employment testing, training, and 

the drug and alcohol records check for 

1,000 safety-sensitive employees they 

plan to hire from Mesaba Aviation, Inc. 

d.b.a. Mesaba Airlines (Mesaba) 

following a transfer of assets. Pinnacle 

contends that both airlines have been 

operating safely under the listed 

regulations, and an exemption from 

these regulations would not affect safety 

and would be in the public interest. 

[FR Doc. 2011–4102 Filed 2–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 558 (Sub-No. 14)] 

Railroad Cost of Capital—2010 

AGENCY: Surface Transportation Board. 

ACTION: Notice of decision instituting a 

proceeding to determine the railroad 

industry’s 2010 cost of capital. 

SUMMARY: The Board is instituting a 

proceeding to determine the railroad 

industry’s cost of capital for 2010. The 

decision solicits comments on the 

following issues: (1) The railroads’ 2010 

current cost of debt capital; (2) the 

railroads’ 2010 current cost of preferred 

equity capital (if any); (3) the railroads’ 

2010 cost of common equity capital; and 

(4) the 2010 capital structure mix of the 

railroad industry on a market value 

basis. Comments should focus on the 

various cost of capital components 

listed above using the same 

methodology followed in Railroad Cost 

of Capital—2009, EP 558 (Sub–No. 13) 

(STB served Oct. 29, 2010). 

DATES: Notices of intent to participate 

are due by March 8, 2011. Statements of 

the railroads are due by April 29, 2011. 

Statements of other interested persons 

are due by May 19, 2011. Rebuttal 

statements by the railroads are due by 

June 8, 2011. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

system or in the traditional paper 

format. Any person using e-filing should 

comply with the instructions at the E– 

FILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 558 (Sub– 

No. 14), 395 E Street, SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez at (202) 245–0333. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: The 

Board’s decision is posted on the 

Board’s Web site, http:// 

www.stb.dot.gov. Copies of the decision 

may be purchased by contacting the 

Board’s Office of Public Assistance, 

Governmental Affairs, and Compliance 

at (202) 245–0236. Assistance for the 

hearing impaired is available through 

FIRS at (800) 877–8339. 

This action will not significantly 

affect either the quality of the human 

environment of the conservation of 

energy resources. 

Authority: 49 U.S.C. 10704(a). 

Decided: February 18, 2011. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2011–4157 Filed 2–23–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35466] 

BNSF Railway Company—Temporary 

Trackage Rights Exemption—Union 

Pacific Railroad Company 

Pursuant to a written trackage rights 

agreement dated January 25, 2011, 

Union Pacific Railroad Company (UP) 

has agreed to grant local trackage rights 

to BNSF Railway Company (BNSF) over 

UP lines extending 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 

approximately 126.2 miles; and (2) UP 

milepost 219.4 at Elsey, Cal., and UP 

milepost 280.7 at Keddie, Cal., on UP’s 

Canyon Subdivision, a distance of 61.3 

miles.1


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Notices 10431 

they are ‘‘local’’ rather than ‘‘overhead’’ rights, they 

do not qualify for the Board’s class exemption for 

temporary trackage rights at 49 CFR 1180.2(d)(8). 

See R.R. Consolidation Procedures, 6 S.T.B. 910 

(2003). Therefore, BNSF concurrently has filed a 

petition for partial revocation of this exemption in 

Docket No. FD 35466 (Sub-No. 1), BNSF Railway 

Company—Temporary Trackage Rights 

Exemption—Union Pacific Railroad Company, 

wherein BNSF requests that the Board permit the 

proposed local trackage rights arrangement 

described in the present proceeding to expire at 

midnight on December 10, 2011, as provided in the 

parties’ agreement. The petition will be addressed 

by the Board in a separate decision. 

The transaction is scheduled to be 

consummated on or after March 10, 

2011, the effective date of the exemption 

(30 days after the exemption is filed). 

The trackage rights agreement will 

permit BNSF to move empty and loaded 

ballast trains to and from the ballast pit 

at Elsey, Cal., which is adjacent to the 

UP rail line. The trackage rights are 

temporary in nature and are scheduled 

to expire at midnight on December 10, 

2011. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Railway—Trackage Rights— 

Burlington Northern, Inc., 354 I.C.C. 605 

(1978), as modified in Mendocino Coast 

Railway—Lease and Operate— 

California Western Railroad, 360 I.C.C. 

653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). 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. Stay petitions must be 

filed by March 3, 2011 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35466, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Karl Morell, Of Counsel, 

Ball Janik LLP, Suite 225, 1455 F Street, 

NW., Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: February 17, 2011. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2011–4105 Filed 2–23–11; 8:45 am] 

BILLING CODE 4915–01–P 


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