5380 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

occurring on January 3, 2004, and 

continuing. Applications for loans for 

physical damage as a result of this 

disaster may be filed until the close of 

business on March 26, 2004 and for 

economic injury until the close of 

business on October 26, 2004 at the 

address listed below or other locally 

announced locations: U.S. Small 

Business Administration, Disaster Area 

2 Office, One Baltimore Place, Suite 

300, Atlanta, GA 30308. 

In addition, applications for economic 

injury loans from small businesses 

located in the following contiguous 

counties may be filed until the specified 

date at the above location: Athens, 

Belmont, Carroll, Columbiana, 

Coshocton, Delaware, Fairfield, Fayette, 

Guernsey, Harrison, Highland, Hocking, 

Holmes, Jackson, Knox, Madison, 

Monroe, Muskingum, Noble, Perry, 

Pickaway, Pike, Stark, Union and 

Vinton in the State of Ohio; and Brook, 

Hancock, Ohio, Pleasants, Tyler and 

Wood counties in the State of West 

Virginia. 

The interest rates are:

Percent 

For Physical Damage: 

Homeowners with credit available elsewhere ...................... 6.250

Homeowners without credit 

available elsewhere ............... 3.125

Businesses with credit available 

elsewhere .............................. 6.123 

Businesses and non-profit organizations without credit available elsewhere ...................... 3.061

Others (including non-profit organizations) with credit available elsewhere ...................... 4.875

For Economic Injury: 

Businesses and small agricultural cooperatives without 

credit available elsewhere ..... 3.061

The number assigned to this disaster 

for physical damage is 356406. For 

economic injury the number is 9Z2300 

for Ohio; and 9Z2400 for West Virginia.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: January 28, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–2228 Filed 2–3–04; 8:45 am] 

BILLING CODE 8025–01–P

SOCIAL SECURITY ADMINISTRATION

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages that will require 

clearance by the Office of Management 

and Budget (OMB) in compliance with 

Pub. L. 104–13, the Paperwork 

Reduction Act of 1995, effective October 

1, 1995. The information collection 

packages that may be included in this 

notice are for new information 

collections, approval of existing 

information collections, revisions to 

OMB-approved information collections, 

and extensions (no change) of OMBapproved information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and on ways 

to minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Written 

comments and recommendations 

regarding the information collection(s) 

should be submitted to the OMB Desk 

Officer and the SSA Reports Clearance 

Officer. The information can be mailed 

and/or faxed to the individuals at the 

addresses and fax numbers listed below:

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

New Executive Building, Room 

10235, 725 17th St., NW., 

Washington, DC 20503, Fax: 202–

395–6974. 

(SSA), Social Security Administration, 

DCFAM, Attn: Reports Clearance 

Officer, 1338 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400.

I. The information collections listed 

below are pending at SSA and will be 

submitted to OMB within 60 days from 

the date of this notice. Therefore, your 

comments should be submitted to SSA 

within 60 days from the date of this 

publication. You can obtain copies of 

the collection instruments by calling the 

SSA Reports Clearance Officer at 410–

965–0454 or by writing to the address 

listed above. 

1. Application Statement for Child’s 

Insurance Benefits—20 CFR 404.350–

.368, 404.603, and 416.350—0960–0010.

Title II of the Social Security Act 

provides for payment of monthly 

benefits to the children of an insured 

retired, disabled, or deceased worker, if 

certain conditions are met. The form 

SSA–4–BK is used by SSA to collect 

information needed to determine 

whether the child or children are 

entitled to benefits. The respondents are 

children of the worker or individuals 

who complete this form on their behalf.

Type of Request: Extension of an 

OMB-approved information collection.

Life claims Death claims 

Number of 

Respondents.

925,000 ........ 815,000. 

Frequency of 

Response.

1 ................... 1. 

Average Burden Per 

Response.

10.5 minutes 15.5 minutes. 

Estimated 

Annual 

Burden.

161,875 

hours.

210,542 

hours. 

2. Physician’s/Medical Officer’s 

Statement of Patient’s Capability to 

Manage Benefits—20 CFR 404.2015 and 

416.615—0960–0024. SSA uses the 

information collected on form SSA–787 

to determine an individual’s capability, 

or lack thereof, to handle his or her own 

benefits. This information also provides 

SSA with a means of selecting a 

representative payee, if this proves 

necessary. The respondents are 

beneficiaries’ physicians. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 120,000. 

Frequency of Response: 1. 

Average Burden Per Response: 10 

minutes. 

Estimated Annual Burden: 20,000 

hours. 

3. Physical Residual Functional 

Capacity Assessment and Mental 

Residual Functional Capacity 

Assessment—20 CFR 404.1545 and 

416.945—0960–0431. The information 

collected by form SSA–4734 is used in 

the adjudication of disability claims 

involving physical and/or mental 

impairments. The form provides the 

State Disability Determination Service 

(DDS) with a standardized data 

collection format to evaluate 

impairment(s) and to present findings in 

a clear, concise, and consistent manner. 

The respondents are State DDSs 

administering Title II and Title XVI 

disability programs. 

Type of Request: Extension of an 

OMB-approved information collection.

SSA–4734–

BK 

SSA–4734–

SUP 

Number of 

Respondents.

1,625,095 ..... 796,770. 

Frequency of 

Response.

1 ................... 1. 

Average Burden Per 

Response.

20 minutes ... 20 minutes. 

Estimated 

Annual 

Burden.

541,698 

hours.

265,590 

hours. 

4. Social Security Benefits 

Applications—20 CFR Subpart D,

Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 5381

404.310–404.311 and 20 CFR Subpart F, 

404.601–401.603—0960–0618. One of 

the requirements for obtaining Social 

Security benefits is the filing of an 

application so that a determination may 

be made on the applicant’s eligibility for 

monthly benefits. In addition to the 

traditional paper application, SSA has 

developed various options for the public 

to add convenience and operational 

efficiency to the application process. 

The total estimated number of 

respondents to all application 

collections formats is 3,843,369 with a 

cumulative total of 995,457 burden 

hours. The respondents are applicants 

for RIB, DIB, and/or spouses’ benefits. 

Please note that burden hours for 

applications taken through the 

Modernized Claims System (MCS) are 

accounted for in the hardcopy collection 

formats. MCS is an electronic collection 

method that mirrors the hardcopy 

application formats. Guided by the MCS 

collection screens, an SSA 

representative interviews the applicant 

and inputs the information directly into 

SSA’s application database. MCS offers 

the representative prompts based on the 

type of application being filed and the 

circumstances of the applicant. These 

prompts facilitate a more complete 

initial application, saving both the 

agency and applicant time. MCS also 

propagates identity and similar 

information within the application, 

which saves additional time. 

Type of Request: Revision of an OMBapproved information collection (ISBA 

collection only). 

Internet Social Security Benefits 

Application (ISBA) 

ISBA, which is available through 

SSA’s Internet site, is one method that 

an individual can choose to file an 

application for benefits. Individuals can 

use ISBA to apply for retirement 

insurance benefits (RIB), disability 

insurance benefits (DIB) and spouse’s 

insurance benefits based on age. SSA 

gathers only information relevant to the 

individual applicant’s circumstances 

and will use the information collected 

by ISBA to entitle individuals to RIB, 

DIB, and/or spouses’ benefits. The 

respondents are applicants for RIB, DIB, 

and/or spouses benefits. 

Number of Respondents: 169,000. 

Frequency of Response: 1. 

Average Burden Per Response: 21.4 

minutes. 

Estimated Annual Burden: 60,277 

hours. 

Paper Application Forms 

Application for Retirement Insurance 

Benefits (SSA–1)

The SSA–1 is used by SSA to 

determine an individual’s entitlement to 

retirement insurance benefits. In order 

to receive Social Security retirement 

insurance benefits, an individual must 

file an application with the SSA. The 

SSA–1 is one application that the 

Commissioner of Social Security 

prescribes to meet this requirement. The 

information that SSA collects will be 

used to determine entitlement to 

retirement benefits. The respondents are 

individuals who choose to apply for 

Social Security retirement insurance. 

Number of Respondents: 1,460,692. 

Frequency of Response: 1. 

Average Burden Per Response: 10.5 

minutes. 

Estimated Annual Burden: 255,621 

hours. 

Application for Wife’s or Husband’s 

Insurance Benefits (SSA–2) 

SSA uses the information collected on 

Form SSA–2 to determine if an 

applicant (including a divorced 

applicant) can be entitled to benefits as 

the spouse of the worker and the 

amount of the spouse’s benefits. The 

respondents are applicants for wife’s or 

husband’s benefits, including those who 

are divorced. 

Number of Respondents: 700,000. 

Frequency of Response: 1. 

Average Burden Per Response: 15 

minutes. 

Estimated Annual Burden: 175,000 

hours. 

Application for Disability Insurance 

Benefits (SSA–16) 

Form SSA–16–F6 obtains the 

information necessary to determine 

whether the provisions of the Act have 

been satisfied with respect to an 

applicant for disability benefits, and 

detects whether the applicant has 

dependents who would qualify for 

benefits on his or her earnings record. 

The information collected on form SSA–

16 helps to determine eligibility for 

Social Security disability benefits. The 

respondents are applicants for Social 

Security disability benefits. 

Number of Respondents: 1,513,677. 

Frequency of Response: 1. 

Average Burden Per Response: 20 

minutes. 

Estimated Annual Burden: 504,559 

hours. 

5. Youth Transition Process 

Demonstration Evaluation Data 

Collection—0960–NEW. To further the 

President’s New Freedom Initiative goal 

of increasing employment for 

individuals with disabilities, SSA plans 

to award seven cooperative agreements 

for the purpose of developing service 

delivery systems to assist youth with 

disabilities to successfully transition 

from school to work. SSA is funding 

two coordinated contracts to provide (1) 

technical assistance and (2) an 

evaluation. SSA will work with the 

Evaluation Contractor to use the results 

to conduct a net outcome evaluation to 

determine the long-term effectiveness of 

the interventions, impacts, and benefits 

of the demonstration. Evaluation data 

will be used by the projects to improve 

the efficiency of the project’s operations; 

use of staff; linkages between the project 

and the agencies through which 

comprehensive services are arranged; 

and specific aspects of service delivery 

to better meet the needs of the targeted 

population. This type of project is 

authorized by sections 1110 and 234 of 

the Social Security Act. The 

respondents will be youth with 

disabilities who have enrolled in this 

project. 

Type of Request: New information 

collection. 

Number of Respondents: 5,000. 

Frequency of Response: 4. 

Average Burden Per Response: 15 

minutes. 

Estimated Annual Burden: 5,000 

hours. 

II. The information collections listed 

below have been submitted to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if received by OMB and SSA 

within 30 days from the date of this 

publication. You can obtain a copy of 

the OMB clearance packages by calling 

the SSA Reports Clearance Officer at 

410–965–0454, or by writing to the 

address listed above. 

1. Certificate of Support—20 CFR 

404.408a, 44.370, and 404.750—0960–

0001. The information collected by form 

SSA–760–F4 is used to determine 

whether a deceased worker provided the 

one-half support required for 

entitlement to parent’s or spouse’s 

Social Security benefits. The 

information will also be used to 

determine whether the Government 

pension offset would apply to the 

applicant’s benefit payments. The 

respondents are parents of deceased 

workers or spouses who may be subject 

to the Government pension offset. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 18,000. 

Frequency of Response: 1. 

Average Burden Per Response: 15 

minutes.

Estimated Annual Burden: 4,500 

hours.

5382 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

2. Notice Regarding Substitution of 

Party Upon Death of Claimant—20 CFR 

404.957(c)(4) and 416.1457(c)(4)—0960–

0288. When a claimant for Social 

Security or Supplemental Security 

Income benefits dies while a request for 

a hearing is pending, the hearing will be 

dismissed unless an eligible individual 

makes a written request to SSA showing 

that he or she would be adversely 

affected by the dismissal of the 

deceased’s claim. An individual may 

satisfy this requirement by completing 

an HA–539. SSA uses the information 

collected to document the individual’s 

request to be made a substitute party for 

a deceased claimant, and to make a 

decision on whom, if anyone, should 

become a substitute party for the 

deceased. The respondents are 

individuals requesting hearings on 

behalf of deceased claimants for Social 

Security benefits. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 10,548. 

Frequency of Response: 1. 

Average Burden Per Response: 5 

minutes. 

Estimated Annual Burden: 879 hours. 

3. Benefits Planning, Assistance, and 

Outreach (BPAO) Program—0960–0629.

Background 

SSA awarded cooperative agreements 

to establish community-based benefits 

planning, assistance, and outreach 

projects in every State and U.S. 

Territory, as it is authorized to do under 

Section 1149 of the Social Security Act. 

Potential awardees were State and local 

governments, public and private 

organizations, and nonprofit and forprofit organizations. SSA intended to 

establish as many projects as needed to 

ensure state-wide coverage for all Social 

Security Disability Insurance (SSDI) and 

Supplemental Security Income (SSI) 

beneficiaries nationally. The projects 

funded under this cooperative 

agreement program are part of SSA’s 

strategy to increase the number of 

beneficiaries who return to work and 

achieve self-sufficiency as the result of 

delivering direct services to them. The 

overall goal of the program is to 

disseminate accurate information 

concerning work incentives programs 

and issues related to youth programs to 

beneficiaries with disabilities (including 

transition-to-work aged youth), in order 

to enable them to make informed 

choices about work. 

Collection Activities 

The BPAO project collects identifying 

information from the project sites and 

benefits specialists. In addition, data are 

collected from the beneficiaries on 

background, employment, training, 

benefits, and work incentives. We use 

the information to manage the program, 

with particular emphasis on contract 

administration, budgeting, and training. 

In addition, SSA uses the information to 

evaluate the efficacy of the program and 

to ensure that those dollars appropriated 

for BPAO services are being spent on 

SSA beneficiaries. The project data will 

be valuable to SSA in its analysis of and 

future planning for the SSDI and SSI 

programs. 

Type of Request: Extension of an 

OMB-approved information collection.

Title of collection 

Number of

annual

responses 

Frequency of

response 

Average burden per

response

(minutes) 

Estimated

annual

burden

(hours) 

Site ................................................................................................................... 147 1 1.8 4.4 

Specialist .......................................................................................................... 422 1 1.8 12.6

Beneficiary ....................................................................................................... 60,000 1 5.3 5,300 

Total .......................................................................................................... 60,569 ........................ ........................ 5,138 

Total burden hours for this request:

5,317 hours. 

4. Information Collections conducted 

by State Disability Determination 

Services (DDS) on Behalf of SSA—20 

CFR, Subpart P, 404.1503a, 404.1512, 

404.1513, 404.1514 404.1517, 404.1519; 

20 CFR Subpart Q, 404.1613, 404.1614, 

404.1624; 20 CFR Subpart I, 416.903a, 

416.912, 416.913, 416.914, 416.917, 

416.919 and 20 CFR Subpart J, 

416.1013, 416.1024, 416.1014—0960–

0555. The State DDS’s collect certain 

information to administer SSA’s 

disability program. The information 

collected is as follows: (1) Medial 

evidence of record (MER)—DDS’s use 

MER information to determine a 

person’s physical and/or mental status 

prior to making a disability 

determination; (2) consultative exam 

(CE) medical evidence—DDS’s use CE 

medical evidence to make disability 

determinations when the claimant’s 

own medical sources cannot or will not 

provide the information; (3) CE claimant 

forms—The DDS’s request that 

claimants complete an authorization 

form for the release of consultative exam 

information to a personal physician and 

to complete an appointment form to 

confirm scheduled CE appointments; (4) 

CE provider information—DDS’s use the 

CE provider information to verify 

medical providers’ credentials and 

licenses before hiring them to conduct 

CEs; and (5) pain information—this 

information is used by the DDS’s to 

assess the effects of symptoms on 

functioning for determining disability. 

The respondents are medical providers, 

other sources of MER and disability 

claimants. 

Type of Request: Revision of an OMBapproved information collection.

(1) MER (Respondents—Medical 

Providers and Other Sources) 

Number of Responses: 6,665,907. 

Frequency of Response: Unknown. 

Average Burden Per Response: 15 

minutes. 

Estimate Annual Burden: 1,666,477. 

(2) CE Medical Evidence 

(Respondents—Medical Providers) 

Number of Responses: 1,737,152. 

Frequency of Response: Unknown. 

Average Burden Per Response: 30 

minutes. 

Estimated Annual Burden: 868,576 

hours. 

(3) CE Forms (RespondentsClaimants)

Appointment 

form 

Medical

release 

Number of 

respondents.

868,576 ........ 1,737,152. 

Frequency of 

response.

1 ................... 1. 

Average burden per response.5 ................... 5. 

Estimated annual burden.72,381 hours 144,763 

hours. 

(4) CE Providers (Respondents—

Medical Providers) 

Number of Responses: 3,000. 

Frequency of Response: 1. 

Average Burden: 20 minutes. 

Estimated Annual Burden: 1,000 

hours.

Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 5383

1An amendment was filed on January 6, 2004, 

reflecting the correct length of the HECLA Belt line.

2The Bay City Yard Line is owned by the Detroit 

& Mackinac Railway Company (D&M), an affiliate 

of CMRY. Lake State Railway Company (Lake State) 

has an easement to operate over, and CMRY has 

operating rights over and through, the Bay City 

Yard Line. HESR will acquire CMRY’s right to 

operate over the Bay City Yard Line, but D&M will 

remain the owner of the real property and Lake 

State will retain its easement.

3This is the entire rail trackage of CMRY, except 

for a 1.77-mile segment that was approved for 

abandonment in Central Michigan Railway 

Company-Abandonment Exemption—in Saginaw 

County, MI, STB Docket No. AB–308 (Sub-No. 3X) 

(STB served Oct. 31, 2003).

4See Central Michigan Railway Company—

Acquisition and Operation Exemption—Certain 

Lines of Grand Trunk Western Railroad Company,

ICC Finance Docket No. 31059 (ICC served July 13, 

1987).

5See Central Michigan Railway Company—

Trackage Rights Exemption—Detroit & Mackinac 

Railway Company, ICC Finance Docket No. 32404 

(ICC served Dec. 14, 1993).

6See Central Michigan Railway Company and 

CSX Transportation, Inc.—Joint Relocation Project 

Exemption—in Saginaw, MI, STB Finance Docket 

No. 34021 (STB served May 17, 2001).

7See Central Michigan Railway Company—

Trackage Rights Exemption—CSX Transportation, 

Inc., STB Finance Docket No. 34241 (STB served 

Aug. 29, 2002).

(5) Pain Forms (Respondents—

Claimants) 

Number of Responses: 1,000,000. 

Frequency of Response: 1. 

Average Burden Per Response: 15 

minutes. 

Estimated Annual Burden: 250,000 

hours. 

5. International Direct Deposit—31 

CFR 210—0960–NEW. SSA uses the 

information collected on the 

International Direct Deposit (IDD) Form, 

form SSA–1199 (Country), to enroll 

beneficiaries residing abroad in the IDD 

program. There are currently 39 

countries where IDD is now available, 

and SSA plans to expand this service to 

other countries as it becomes available. 

The SSA–1199 (Country) is named 

according to the country for its intended 

use, but will always request the same 

basic enrollment information. This form 

is a variation of the SF–1199 A, Direct 

Deposit Sign-Up Form, which is used to 

enroll a beneficiary in direct deposit to 

a U.S. financial institution. The 

respondents are beneficiaries living in a 

foreign country who request Direct 

Deposit to a financial institution in their 

country of residence. 

Type of Request: New information 

collection. 

Number of Respondents: 5,000. 

Frequency of Response: 1. 

Average Burden Per Response: 5 

minutes. 

Estimated Average Burden: 417 hours.

Dated: January 28, 2004. 

Elizabeth A. Davidson, 

Reports Clearance Officer, Social Security 

Administration.

[FR Doc. 04–2215 Filed 2–3–04; 8:45 am] 

BILLING CODE 4191–02–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

Secretarial Extension of Authority; 

Marine War Risk Insurance Under Title 

XII of the Merchant Marine Act, 1936 

On December 12, 2001, President 

George W. Bush approved the provision 

of vessel war risk insurance by 

memorandum for the Secretary of State 

and the Secretary of Transportation. The 

approval was for the provision by the 

Secretary of Transportation of insurance 

or reinsurance of vessels (including 

cargoes and crew) entering the Middle 

East region against loss or damage by 

war risks in the manner and to the 

extent approved in Title XII of the 

Merchant Marine Act, 1936 as amended 

(Act), 46 U.S.C App. 1281, et seq.

The President delegated to the 

Secretary of Transportation the 

authority vested in him by section 1202 

of the Act, to approve the provision of 

insurance or reinsurance after the 

expiration of 6 months and to bring this 

approval to the attention of all operators 

and to arrange for its publication in the 

Federal Register. 

On January 13, 2004 the Secretary of 

Transportation approved the extension 

of the authority to provide such 

insurance for a 1 year period, beginning 

December 13, 2003.

Dated: January 29, 2004.

By Order of the Maritime Administrator. 

Joel C. Richard, 

Secretary.

[FR Doc. 04–2275 Filed 2–3–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34438] 

Huron & Eastern Railway Company, 

Inc.—Acquisition and Operation 

Exemption—Central Michigan Railway 

Company 

Huron & Eastern Railway Company, 

Inc. (HESR), a Class III rail carrier, has 

filed a verified notice of exemption 

under 49 CFR 1150.41 to acquire from 

the Central Michigan Railway Company 

(CMRY) and operate approximately 

99.87 miles of rail line, as follows: (1) 

The Midland Sub, between milepost 0.0 

and milepost 15.0; (2) between Durand, 

MI (milepost 0.0) and Wheeler, MI 

(milepost 3.5); (3) between Genesee, MI 

(milepost 101.3) and Paines, MI 

(milepost 96.0); (4) between Interstate 

Highway 75 (milepost 17.21) and CSX 

Yard (milepost 18.07); (5) between 

Durand (milepost 69.2) and M21 

(milepost 80.8); (6) the Anderson Lead, 

between milepost 79.2 and milepost 

81.4; (7) the Owosso Industrial Track, 

between milepost 80.1 and milepost 0.7; 

(8) between Marquette, MI (milepost 

0.0) and Prairie, MI (milepost 1.7); (9) 

between Essexville CMR Bridge 

(milepost 0.0) and Pine Street (milepost 

2.87); (10) between Wheeler (milepost 

3.5) and MDOT ownership (milepost 

5.0); and (11) the HECLA Belt line 

between the east line of Patterson Street 

in West Bay City, MI (milepost 1.9) and 

the end of the line (milepost 2.8).1

HESR is also acquiring the right to 

operate over the Bay City Yard Line 2

between the south end of North Bay City 

Yard (milepost 55.77) and the north end 

of North Bay City Yard at the Centerline 

of Bangor Road (milepost 2.62).3

Additionally, HESR is acquiring 

approximately 16.55 miles of incidental 

trackage rights as follows: (1) Over 

Grand Trunk Western Railroad 

Company, (a) over the Saginaw 

Subdivision, between milepost 0.00 and 

milepost 0.60, (b) over the Holly-Grand 

Rapids Subdivision, between milepost 

65.50 and milepost 69.00,4 and (c) over 

the Flint Subdivision, between milepost 

253.0 and milepost 255.4; (2) over D&M, 

a distance of approximately 5.75 miles 

from D&M’s junction with CMRY near 

Total Refinery in Bay City, MI, north to 

a point near milepost 3.4 and the 

Kawkawlin River in Kawkawlin, MI;5

(3) over CSX Transportation, Inc. 

(CSXT) for overhead trackage rights over 

approximately 2.9 miles of rail line 

owned by CSXT, from milepost BBO 7 

at or near the Mershon Switch east to 

milepost CB 1 near the Saginaw Yard (a 

distance of approximately 1.7 miles), 

then from milepost CB 1 southeast to 

milepost CC 2.2, at or near the Hoyt 

Diamond (a distance of approximately 

1.2 miles), at which point HESR would 

connect with the former CMRY main 

line;6 and (4) over CSXT for about 4.0 

miles in Saginaw, MI, from the 

clearance point at the intersection of the 

CMRY/CSXT connection track of the 

Grand Rapids Wye Track, through 

CSXT’s Saginaw main, yard, and 

connection trackage to CSXT’s 

ownership point at the connection with 

HESR at Saginaw (milepost CBB 2.0) on 

CSXT’s Bad Axe Subdivision.7

Finally, HESR is accepting assignment 

of trackage rights over lines of CMRY