Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 76445 

1 In 2003, the Board permitted the abandonment 

and discontinuance of service over the Line. See 

N.Y. Cent. Lines—Aban. Exemption—in Lake Cnty., 

Ohio, AB 565 (Sub-No. 11X), et al. (STB served Jan. 

31, 2003). CSXT consummated the abandonment in 

2004, see CSXT letter, N.Y. Cent. Lines—Aban. 

Exemption—in Lake Cnty., Ohio, AB 565 (Sub-No. 

11X) (filed Dec. 29, 2004), and, according to GRR, 

reclassified it as industry track. 

2 GRR hopes to consummate its transaction on 

December 26, 2014. In furtherance of this goal, GRR 

has filed a petition for partial waiver of 49 CFR 

1150.32(b) to permit the exemption to become 

effective on December 26, 2014, instead of the 

standard 30 days after the verified notice was filed. 

The waiver request will be addressed in a separate 

Board decision. 

burden of intrastate CMV drivers 

because the Agency believed that the 

HOS burden imposed on these drivers 

was not subject to reporting under the 

PRA. The Agency estimated that 2.84 

million drivers were subject to the IC 

requirements of the HOS rules. 

The agency received one comment in 

response to the notice. The National 

Ready Mixed Concrete Association 

(NRMCA) asked the Agency to amend 

the ‘‘short-haul’’ exception of section 

395.1(e)(1) so that more CMV drivers 

could operate under its terms. As 

explained above, short-haul drivers are 

not required to maintain a RODS or 

supporting documents on board the 

CMV. NRCMA pointed out that 

expanding the number of drivers 

qualifying as ‘‘short-haul’’ drivers 

would reduce the overall paperwork 

burden of this ICR. The Agency will 

take the NRMCA suggestion under 

advisement. By law, formal rulemaking 

is required to amend Federal 

regulations, including publication of the 

proposed amendment in the Federal 

Register and an opportunity for public 

comment. 

On September 12, 2014, FMCSA 

published the second notice of this ICR 

as required by law, and asked the public 

to submit comments to OMB on its IC 

burden estimate of 106.89 million hours 

(79 FR 54776). Subsequently, the OMB 

directed FMCSA to account for the IC 

burden imposed on intrastate drivers 

and their motor carriers by State HOS 

laws. It concluded that this burden was 

subject to reporting under the PRA 

because FMCSA requires its State 

grantees to adopt compatible HOS rules 

as a condition of receiving funding 

under the Agency’s Motor Carrier Safety 

Assistance Program. Today, FMCSA 

publishes this 30-day notice to revise its 

burden estimate for this IC and provide 

for public comment on it. The Agency 

today includes approximately .82 

million intrastate drivers and revises its 

estimate of the total population of 

interstate and intrastate CMV drivers 

subject to the recordkeeping 

requirements of the HOS rules—3.66 

million. Accordingly, the Agency 

revises its estimate of the IC burden of 

the HOS rules—137.89 million hours. 

These estimates supersede those set 

forth in the September 12 notice. 

The Agency’s request for OMB 

approval of its amended estimate of the 

IC burden of the HOS rules is not the 

result of amendment of those rules. 

Aside from the 2014 adjustments related 

to the HOS burden of intrastate CMV 

drivers, the Agency’s estimate is the 

result of two program adjustments. The 

first program adjustment is revised 

estimates of the number of drivers 

operating CMVs in interstate and 

intrastate commerce and of the number 

of CMV drivers subject to the HOS rules. 

The approved 2011 ICR estimated that 

7.0 million CMV drivers operated in 

interstate and intrastate commerce and 

that 4.6 million of those drivers were 

subject to the recordkeeping 

requirements of the HOS rules. Today 

the Agency estimates that 5.7 million 

CMV drivers operate in interstate and 

intrastate commerce and that 3.66 

million of these drivers are subject to 

the recordkeeping requirements of the 

HOS rules (2.04 million CMV drivers 

qualify as ‘‘short haul’’ drivers and do 

not incur any HOS recordkeeping 

burden). The second program 

adjustment is an Agency estimate of the 

use of AOBRDs in the industry to 

record, transfer and store HOS 

information electronically. AOBRDs 

automate several IC tasks required of 

CMV drivers and motor carriers by the 

HOS rules. The currently-approved 

2011 burden estimate did not account 

for AOBRD usage. FMCSA data today 

indicates that an average of 0.37 million 

CMV drivers will be employing 

electronic technology for HOS purposes 

over the three years that are the subject 

of this IC estimate. The Agency estimate 

submitted to OMB for approval is 

137.89 million burden hours. It 

combines an estimate of the IC burden 

imposed on those using paper RODS or 

logs (3.29 million CMV drivers) and a 

separate estimate of the IC burden 

imposed on those using AOBRDs (0.37 

million CMV drivers). 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FMCSA to perform its 

functions; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

Issued under the authority delegated in 49 

CFR 1.87 on December 10, 2014. 

G. Kelly Regal, 

Associate Administrator, Office of Research 

and Information Technology, Chief 

Information Officer. 

[FR Doc. 2014–29861 Filed 12–19–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35888] 

The Great Lake Port Corporation D/B/ 

A Grand River Railway—Acquisition 

and Operation Exemption—CSX 

Transportation, Inc. 

The Great Lake Port Corporation d/b/ 

a Grand River Railway (GRR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

permit it to acquire and operate as a 

common carrier approximately 2.56 

miles of CSX Transportation, Inc. 

(CSXT) track. The track runs between 

Painesville, former B&O Valuation 

Station 2535+40, and Grand River, at 

the end of the track, former Conrail 

Valuation Station 45+01, in Lake 

County, Ohio (the Line).1

According to GRR, it will soon enter 

an agreement to purchase the Line from 

CSXT. GRR intends to rehabilitate the 

Line and commence common carrier 

service to Morton Salt, which is located 

at the end of the Line, and any other 

shipper that requests service. GRR will 

interchange traffic with CSXT, the only 

railroad that connects to the Line. 

According to GRR, the agreement 

between GRR and CSXT does not 

contain an interchange commitment. 

GRR certifies that its projected annual 

revenues as a result of this transaction 

will not exceed those that would qualify 

it as a Class III rail carrier and will not 

exceed $5 million. 

This transaction may be 

consummated on or after January 7, 

2015, the effective date of the exemption 

(30 days after the verified notice was 

filed).2

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 the stay the effectiveness 

of the exemption. Petitions to stay must 

be filed no later than December 29, 


tkelley on DSK3SPTVN1PROD with NOTICES
76446 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 

1This decision also embraces Norfolk S. Ry.— 

Trackage Rights Exemption—Delaware & Hudson 

Ry., FD 34209 (Sub-No. 1), and Norfolk S. Ry.— 

Trackage Rights Exemption—Delaware & Hudson 

Ry., FD 34562 (Sub-No. 1). 

2014, unless the Board grants GRR’s 

petition for partial waiver of 49 CFR 

1150.32(b) to permit the exemption to 

become effective on December 26, 2014, 

in which case the due date for stays will 

be established in the Board’s decision 

acting on GRR’s petition. 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35888, 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 Louis E. Gitomer, Esq., 

Law Offices of Louis E. Gitomer, LLC, 

600 Baltimore Avenue, Suite 301, 

Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at 

WWW.STB.DOT.GOV. 

Decided: December 17, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–29866 Filed 12–19–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 290 (Sub-No. 5) (2015–1)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

first quarter 2015 Rail Cost Adjustment 

Factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The first quarter 2015 RCAF 

(Unadjusted) is 0.946. The first quarter 

2015 RCAF (Adjusted) is 0.405. The first 

quarter 2015 RCAF–5 is 0.383. 

DATES: Effective Date: January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site, http://www.stb.dot.gov. 

Copies of the decision may be 

purchased by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0238. 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 or energy conservation. 

Decided: December 16, 2014. 

By the Board, Chairman Elliott, Vice 

Chairman Miller, and Commissioner 

Begeman. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2014–29863 Filed 12–19–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35873] 1

Norfolk Southern Railway Company— 

Acquisition and Operation—Certain 

Rail Lines of the Delaware and Hudson 

Railway Company, Inc. 

AGENCY: Surface Transportation Board, 

Department of Transportation. 

ACTION: Decision No. 1 in Docket No. FD 

35873; Notice of Acceptance of Primary 

Application and Related Filings; 

Issuance of Procedural Schedule. 

SUMMARY: The Surface Transportation 

Board (Board) is accepting for 

consideration the application filed 

November 17, 2014, by Norfolk 

Southern Railway Company (NSR or 

Applicant), and two related filings. The 

primary application seeks Board 

approval under 49 U.S.C. 11323–25 of 

the acquisition of control of 282.55 

miles of rail line owned by Delaware 

and Hudson Railway Company, Inc. 

(D&H), a wholly owned, indirect 

subsidiary of Canadian Pacific Railway 

Company (CP), by NSR, a Class I 

railroad. This proposal is referred to as 

the Control Transaction. 

The related filings are two notices of 

exemption filed by NSR to modify 

existing trackage rights agreements. The 

notice of exemption filed in FD 34209 

(Sub-No. 1) provides for the 

modification of an existing trackage 

rights agreement granted by D&H to 

NSR. This modification would allow 

NSR to retain trackage rights over 

approximately 17.45 miles of rail line 

between milepost 484.85 ± in the 

vicinity of Schenectady, N.Y., and CPF 

467 in the vicinity of Mechanicville, 

N.Y., including the right to use such 

tracks within D&H’s Mohawk Yard. The 

notice of exemption filed in FD 34562 

(Sub-No. 1) provides for the 

modification of the Saratoga-East 

Binghamton Trackage Rights Agreement 

granted by D&H to NSR. This 

modification would allow NSR to retain 

trackage rights between milepost 37.10 

± of D&H’s Canadian Main Line in 

Saratoga Springs, N.Y., and CPF 484 at 

Schenectady. Both of these notices of 

exemption would remove from the 

respective trackage rights agreements 

rail lines that NSR would purchase 

under the Control Transaction, and 

would allow NSR to retain needed 

trackage rights over the remaining lines. 

Neither notice of exemption would 

provide for new trackage rights. 

The Board finds that the application 

is complete and that the Control 

Transaction is a minor transaction based 

upon the preliminary determination that 

the Control Transaction clearly will not 

have any anticompetitive effects and 

that, to the extent any anticompetitive 

effects exist, they will clearly be 

outweighed by the transaction’s 

anticipated contribution to the public 

interest in meeting significant 

transportation needs. 49 CFR 

1180.2(b)(1), (c). The Board makes this 

preliminary determination based on the 

evidence presented in the application 

and the record to date. The Board 

emphasizes that this is not a final 

determination, and may be rebutted by 

subsequent filings and evidence 

submitted into the record for this 

proceeding. The Board will give careful 

consideration to any claims that the 

Control Transaction would have 

anticompetitive effects that are not 

apparent from the application and the 

record to date. 

DATES: The effective date of this 

decision is December 16, 2014. Any 

person who wishes to participate in this 

proceeding as a party of record (POR) 

must file, no later than December 29, 

2014, a notice of intent to participate. 

All comments, protests, requests for 

conditions, and any other evidence and 

argument in opposition to the primary 

application and related filings, 

including filings by the U.S. Department 

of Justice (DOJ) and the U.S. Department 

of Transportation (DOT), must be filed 

by January 15, 2015. Responses to 

comments, protests, requests for 

conditions, other opposition, and 

rebuttal in support of the primary 

application or related filings must be 

filed by March 31, 2015. See Appendix 

A (Procedural Schedule). A final 

decision in this matter will be served no 

later than May 15, 2015. Further 

procedural orders, if any, will be issued 

by the Board as necessary. 

ADDRESSES: Any filing submitted in this 

proceeding must be submitted either via 

the Board’s e-filing format or in the 

traditional paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s Web 


tkelley on DSK3SPTVN1PROD with NOTICES