Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices 64883 

31See Aston Martin petition for temporary 

exemption, p. 5. 

32Accorded confidential treatment by NHTSA. 

33NHTSA believed that vehicle modifications 

would likely result from adding the SID–IIs 5th 

percentile adult female dummy to the rear seat of 

the MDB test. See 72 FR at 51947. The SID–IIs is 

not used in tests of Aston Martin vehicles because 

the vehicles do not have a rear seat or one large 

enough to accommodate the SID–IIs. 

1MassDOT states that MRC is not a rail carrier for 

purposes of the present transaction and, therefore, 

is not listed in the proceeding caption. 

2A motion to dismiss the notice of exemption on 

grounds that the transaction does not require 

authorization from the Board was concurrently filed 

with this notice of exemption. The motion to 

dismiss will be addressed in a subsequent Board 

decision. 

basis for the request appears to be to 

allow the petitioner to avoid having 31— 

to test pole-exempted models for new MDB 

compliance—and possibly have to reengineer 

to achieve satisfactory results. Then, before 

the pole test exemption ended, Aston Martin 

would have to retest and reengineer these 

pole-exempted models for A SECOND TIME, 

in order to achieve both new MDB and Pole 

test compliance. NHTSA clearly sought to 

allow lead time to avoid this double burden. 

[Emphasis in text.] 

The agency is denying Aston Martin’s 

request to be exempted from the MDB 

requirement. We conclude that an 

exemption is not necessary on the basis 

of the information before it. Aston 

Martin submitted FMVSS No. 214 MDB 

test data 32 of a DB9 Volante convertible, 

Vantage coupe, and Vantage Roadster 

convertible tested with the mid-size 

adult male side impact dummy (SID) 

that FMVSS No. 214 had specified for 

use in the MDB test prior to the ES–2re. 

The data show that the vehicles appear 

to have passed the performance 

thresholds of FMVSS No. 214’s MDB 

test by a wide margin with the SID. 

In the final rule adopting the new 

MDB requirements into FMVSS No. 214 

(requirements which use the ES–2re), 

NHTSA set forth findings indicating 

that manufacturers would likely not 

need to modify vehicles to meet the new 

MBD requirements when using the 

ES–2re in place of the SID.33 Moreover, 

data indicate that vehicles that pass the 

MDB requirement using the SID will 

likely pass the MDB test using the ES– 

2re. The DB9 and Vantage models have 

easily passed the MDB test using the 

SID. Thus, we believe that data indicate 

the DB9 and Vantage models will pass 

the MDB test with the ES–2re and do 

not need a temporary exemption from 

the new MDB requirement. Accordingly, 

NHTSA is denying petitioner’s request 

for an exemption from the new MDB 

requirement due to an absence of 

information showing such an exemption 

is needed. 

Authority: 49 U.S.C. 30113; delegation of 

authority at 49 CFR 1.95. 

Dated: October 22, 2014. 

David J. Friedman, 

Deputy Administrator. 

[FR Doc. 2014–25892 Filed 10–30–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35866] 

Massachusetts Department of 

Transportation—Acquisition 

Exemption—Certain Assets of 

Housatonic Railroad Company, Inc. 

The Massachusetts Department of 

Transportation (MassDOT), a noncarrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.31 to acquire from 

Housatonic Railroad Company, Inc. 

(HRRC) and Maybrook Railroad 

Company (MRC) 1 certain railroad assets 

comprising a section of the ‘‘Berkshire 

Line,’’ extending from approximately 

milepost 50.0 at the MassachusettsConnecticut border at Sheffield, Mass., 

to a connection with CSX 

Transportation, Inc., at approximately 

milepost 86.3 at Pittsfield, Mass., a 

distance of approximately 36.3 miles 

(the Line). 

According to MassDOT, the 

acquisition of the Line is intended to 

facilitate the Commonwealth’s longterm plans to restore regional passenger 

train service linking the Berkshire 

region of western Massachusetts with 

the New York City metropolitan area 

and the Northeast Corridor megalopolis. 

MassDOT states that the acquisition of 

the Line is one step in what MassDOT 

anticipates will be an involved, multistep process that ultimately will lead to 

the establishment of a new railroad 

passenger service route in the Northeast. 

MassDOT states that, pursuant to a draft 

Purchase and Sale Contract, MassDOT 

has secured the right to purchase MRC’s 

and HRRC’s respective rights, title, and 

interest in the right-of-way, trackage, 

and other physical assets (such as 

signboard and fiber optics unrelated to 

the provision of common carrier freight 

service) associated with the Line, 

subject to HRRC’s retained exclusive, 

irrevocable, perpetual, assignable, 

divisible, licensable, and transferable 

freight railroad operating easement. 

MassDOT also states that it will not 

acquire the right, nor will it have the 

ability, to provide rail common carrier 

service over the Line.2 According to 

MassDOT, the agreements governing the 

subject asset sale and post-transaction 

railroad operations preclude MassDOT 

from interfering materially with the 

provision of railroad common carrier 

service over the Line. MassDOT, 

however, will be entitled in the future 

to initiate (itself, or through a 

designated third party) intercity 

passenger service and regional 

commuter rail service over the Line. 

MassDOT states that the proposed 

transaction does not involve any 

provision or agreement that would limit 

future interchange with a third-party 

connecting carrier. 

MassDOT certifies that, because it 

will conduct no freight operations on 

the line segment being acquired, its 

revenues from freight operations will 

not result in the creation of a Class I or 

Class II carrier. 

MassDOT also states that the parties 

expect to consummate the transaction 

on or about December 15, 2014, which 

is after the effective date of November 

15, 2014. 

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 to stay must be 

filed no later than November 7, 2014 (at 

least seven days before the exemption 

becomes effective). 

An original and ten copies of all 

pleadings, referring to Docket No. FD 

35866, 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 Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606– 

2832. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: October 28, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2014–25938 Filed 10–30–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. FD 35523] 

CSX Transportation, Inc.—Joint Use— 

Louisville & Indiana Railroad 

Company, Inc. 

AGENCY: Surface Transportation Board, 

DOT. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
64884 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices 

ACTION: Issuance of Supplemental 

Environmental Assessment; request for 

comments. 

SUMMARY: On July 2, 2013, Applicants, 

CSX Transportation, Inc. (CSXT) and 

Louisville & Indiana Railroad Company, 

Inc. (L&I), filed an application with the 

Surface Transportation Board (Board) 

pursuant to 49 United States Code 

(U.S.C.) 11323 and 49 Code of Federal 

Regulations (CFR) part 1180. Applicants 

seek Board authority for CSXT to 

acquire from and jointly use with the 

L&I a perpetual, non-exclusive railroad 

operating easement over L&I’s rail line. 

The subject L&I rail line extends from a 

connection with CSXT in Indianapolis, 

Indiana at milepost (MP) 4.0, to a 

connection with CSXT in Louisville, 

Kentucky at MP 110.5 (L&I Line). The 

joint use and easement acquisition are 

referred to as the Proposed Transaction. 

Both CSXT and L&I would continue to 

use the L&I Line. CSXT would pay L&I 

$10 million dollars for the operating 

easement and would spend between $70 

and $90 million to improve the rail line 

to allow CSXT to move longer, faster, 

and heavier trains. 

Currently, the L&I Line carries two to 

seven trains per day on the various 

sections of the line. Under the Proposed 

Transaction, CSXT would reroute some 

of its trains from current CSXT routes in 

the Indiana-Ohio-Kentucky region to a 

new route that includes the L&I Line in 

Indiana. The rerouting of these CSXT 

trains would add 13 to 15 trains per day 

over the various sections of the L&I 

Line. 

In August 2013, the Board’s Office of 

Environmental Analysis (OEA) issued a 

Draft Environmental Assessment (EA) 

that focused on the potential impacts of 

the proposed operational changes on the 

L&I Line, and also considered potential 

construction impacts associated with 

the extension of several rail line sidings 

and replacement of the Flatrock River 

Bridge, all on the L&I Line. During the 

public review and comment period on 

the Draft EA, OEA received comments 

that raised environmental issues that it 

had not addressed in the document. As 

a result, OEA decided to prepare a 

Supplemental EA focusing on the new 

environmental issues. 

Today, OEA has issued the 

Supplemental EA, which is available on 

the Board’s Web site, www.stb.dot.gov, 

by clicking ‘‘Decisions’’ under ‘‘Quick 

Links,’’ and locating the document 

under the service date of 10/31/2014. 

The Supplemental EA analyzes the 

potential operational impacts of CSXT 

moving additional trains on the 

following three CSXT rail lines: 

Indianapolis Terminal Subdivision— 

Louisville Secondary Branch, 

Indianapolis Line Subdivision, and 

Louisville Connection. The 

Supplemental EA also quantifies 

potential impacts to wetlands, 

floodplains, and forested areas that 

could result from extending rail line 

sidings and replacing the Flatrock River 

Bridge on the L&I Line, and includes a 

review of potential changes in wildlife 

strikes that could occur under the 

Proposed Transaction. 

Additionally, the Indiana State 

Historic Preservation Office (SHPO) and 

OEA concur that (1) replacement of the 

Flatrock River Bridge would constitute 

an adverse effect on a historic property 

considered eligible for inclusion on the 

National Register of Historic Places; (2) 

avoidance of the adverse effect is not 

feasible if the L&I Line is to safely 

accommodate the modern rail traffic 

under the Proposed Transaction; (3) 

there appears to be no feasible 

alternative to bridge replacement and 

that documentation prior to removal 

would be an appropriate mitigation 

measure; (4) documentation completed 

by Applicants meets SHPO’s standards; 

and (5) a Memorandum of Agreement 

(MOA) would memorialize the 

mitigation measures (i.e., 

documentation) and resolve adverse 

effects of the undertaking. OEA 

prepared a draft MOA that SHPO 

indicates it would sign as currently 

drafted. The draft MOA is located in 

Appendix I of the Supplemental EA and 

interested parties are invited to 

comment. 

DATES: Interested parties are invited to 

submit written comments on the 

Supplemental EA by December 1, 2014 

to assure full consideration. If you 

submitted comments on the Draft EA, 

you do not need to resubmit those 

comments. OEA will consider and 

respond to comments received on both 

the Draft EA and on today’s 

Supplemental EA in the Final EA. The 

Board will issue a final decision on the 

proposed transaction after issuance of 

the Final EA. 

Filing Environmental Comments: 

Comments submitted by mail should be 

addressed to: Dave Navecky, Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001, Attention: 

Environmental Filing, Docket No. FD 

35523. Comments may also be 

submitted electronically on the Board’s 

Web site, www.stb.dot.gov, by clicking 

on the ‘‘E-FILING’’ link on the home 

page and then selecting ‘‘Environmental 

Comments.’’ Please refer to Docket No. 

FD 35523 in all correspondence, 

including e-filings, addressed to the 

Board. 

FOR FURTHER INFORMATION CONTACT: 

Dave Navecky at the address above or by 

phone at 202–245–0294. Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339. 

By the Board, Victoria Rutson, Director, 

Office of Environmental Analysis. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–25924 Filed 10–30–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35864] 

Escanaba & Lake Superior Railway 

Company—Lease and Operation 

Exemption—Rail Line of Wisconsin 

Central Ltd. in Menominee County, 

Mich., and Marinette County, Wis. 

Escanaba & Lake Superior Railway 

Company (E&LS), a Class III rail carrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.41 to lease from 

Wisconsin Central Ltd., and to operate, 

pursuant to a non-exclusive lease 

agreement executed on September 30, 

2014, approximately 2.8 miles of rail 

line that consists of the following 

segments: Track #129 at Menominee, in 

Menominee County, Mich., Track #270 

at Marinette, Wis., and approximately 

3,000 lineal feet of Track #115 at 

Marinette, in Marinette County, Wis. 

E&LS states that there are no mileposts 

on the subject line segments. 

According to E&LS, the lease 

agreement between the parties will 

facilitate providing switching services to 

shippers on the line segments. E&LS 

states that the lease does not contain 

any provision or agreement that may 

limit future interchange of traffic with a 

third-party connecting carrier. 

E&LS states that it expects to 

consummate the transaction on 

November 10, 2014. The earliest this 

transaction can be consummated is 

November 15, 2014, the effective date of 

this exemption (30 days after the 

verified notice of exemption was filed). 

E&LS certifies that its projected 

annual revenues as a result of this 

transaction will not result in E&LS 

becoming a Class I or Class II rail carrier 

and will not exceed $5 million. 

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 


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