FR 60-Day Notice

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Petty, (202) 366–6654, Office of
Planning, Environment, and Realty,
Federal Highway Administration,
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.
ET, Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Planning and Research Program
Administration.
OMB Control #: 2125–0039.
Background: Under the provisions of
Title 23, United States Code, Section
505, 2 percent of Federal-aid highway
funds in certain categories that are
apportioned to the States are set aside
to be used only for State Planning and
Research (SPR). At least 25 percent of
the SPR funds apportioned annually
must be used for research, development,
and technology transfer activities. In
accordance with government-wide grant
management procedures, a grant
application must be submitted for these
funds. In addition, recipients must
submit periodic progress and financial
reports. In lieu of Standard Form 424,
Application for Federal Assistance, the
FHWA uses a work program as the grant
application. The information contained
in the work program includes task
descriptions, assignments of
responsibility for conducting the work
effort, and estimated costs for the tasks.
This information is necessary to
determine how FHWA planning and
research funds will be utilized by the
State Transportation Departments and if
the proposed work is eligible for Federal
participation. The content and
frequency of submission of progress and
financial reports specified in 23 CFR
Part 420 are specified in OMB Circular
A–102 and the companion common
grant management regulations.
Respondents: 52 State Transportation
Departments, including the District of
Columbia and Puerto Rico.
Frequency: Annual.
Estimated Average Annual Burden
per Response: 560 hours per
respondent.
Estimated Total Annual Burden
Hours: 29,120 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection of
information is necessary for the U.S.
DOT’s performance, including whether
the information will have practical

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utility; (2) the accuracy of the U.S.
DOT’s estimate of the burden of the
proposed information collection; (3)
ways to enhance the quality, usefulness,
and clarity of the collected information;
and (4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
Issued on: September 8, 2010.
Judi Kane,
Acting Chief, Management, Programs and
Analysis Division.
[FR Doc. 2010–22952 Filed 9–14–10; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD 2010 0082]

Information Collection Available for
Public Comments and
Recommendations
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Maritime
Administration’s (MARAD’s) intention
to request extension of approval for
three years of a currently approved
information collection.
DATES: Comments should be submitted
on or before November 15, 2010.
FOR FURTHER INFORMATION CONTACT:
Jerome Davis, Maritime Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–0688 or E-Mail:
[email protected]. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION:
Title of Collection: Voluntary
Intermodal Sealift Agreement (VISA).
Type of Request: Extension of
currently approved information
collection.
OMB Control Number: 2133–0532.
Form Numbers: MA–1020.
Expiration Date of Approval: Three
years after date of approval by the Office
of Management and Budget.
Summary of Collection of
Information: This information collection
is in accordance with Section 708,
Defense Production Act, 1950, as

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amended, under which participants
agree to provide commercial sealift
capacity and intermodal shipping
services and systems necessary to meet
national defense requirements. In order
to meet national defense requirements,
the government must assure the
continued availability of commercial
sealift resources.
Need and Use of the Information: The
information collection is needed by
MARAD and the Department of Defense
(DOD), including representatives from
the U.S. Transportation Command and
its components, to evaluate and assess
the applicants’ eligibility for
participation in the VISA program. The
information will be used by MARAD
and the U.S. Transportation Command,
and its components, to assure the
continued availability of commercial
sealift resources to meet the DOD’s
military requirements.
Description of Respondents:
Operators of qualified dry cargo vessels.
Annual Responses: 40.
Annual Burden: 200 hours.
Comments: Comments should refer to
the docket number that appears at the
top of this document. Written comments
may be submitted to the Docket Clerk,
U.S. DOT Dockets, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Comments may
also be submitted by electronic means
via the Internet at http://regulations.
gov/search/index.jsp. Specifically
address whether this information
collection is necessary for proper
performance of the functions of the
agency and will have practical utility,
accuracy of the burden estimates, ways
to minimize this burden, and ways to
enhance the quality, utility, and clarity
of the information to be collected. All
comments received will be available for
examination at the above address
between 10 a.m. and 5 p.m. EDT (or
EST), Monday through Friday, except
Federal Holidays. An electronic version
of this document is available on the
World Wide Web, http://regulations.
gov/search/index.jsp.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit http://www.regulations.gov/
search/index.jsp.
Authority: 49 CFR 1.66.
Dated: September 9, 2010.

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices

By order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2010–23010 Filed 9–14–10; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35415]

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BNSF Railway Company and Union
Pacific Railroad Company—Joint
Relocation Project Exemption—in
Lincoln, Neb.
On August 30, 2010, BNSF Railway
Company (BNSF) and Union Pacific
Railroad Company (UP) jointly filed a
verified notice of exemption under 49
CFR 1180.2(d)(5) to participate in a joint
project involving the relocation of
certain tracks over which they currently
both operate, or have authority to
operate, in the City of Lincoln,
Lancaster County, Neb. (the City).
The purpose of the joint relocation
project is to facilitate the redevelopment
of the West Haymarket District and
Downtown Lincoln (referred to as the
West Haymarket Project). To allow for
the redevelopment to proceed, BNSF
must remove certain existing tracks and
relocate its operations over tracks that
will run parallel to the existing lines.
UP will allow a portion of a previously
abandoned line to be utilized in the
project.
BNSF and UP will jointly relocate
tracks over which they both currently
operate, or have authority to operate, as
follows:
BNSF owns a rail line beginning
south of Sun Valley Boulevard (near UP
milepost 56.50) that crosses Salt Creek
and continues into a wye a short
distance east of Salt Creek. The east leg
of the wye (Track 460) extends in an
easterly direction to a connection with
a BNSF main line, which, in turn,
connects with the Omaha, Lincoln, &
Beatrice Railway and extends beyond to
Omaha, Neb. The west leg of the wye
(Track 324) extends in an easterly and
then southerly direction to BNSF’s
Hobson Yard in the City.
UP has overhead trackage rights over
the east leg of the wye between BNSF
milepost 0.65 and BNSF milepost 56.92.
See Union Pac. R.R.—Trackage Rights
Exemption—The Burlington N. & Santa
Fe Ry., FD 33403 (STB served June 3,
1997); Union Pac. R.R.—Amendment of
Trackage Rights Exemption—BNSF Ry.,
FD 30868 (Sub-No. 1) (STB served July
20, 2006). UP also leases: (1) The BNSF
line near Sun Valley Boulevard
(beginning near UP milepost 56.50) to

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the beginning point of the wye at BNSF
milepost 0.62 (referred to as the Sun
Valley Segment); and (2) the west leg of
the BNSF wye from BNSF milepost 0.62
to BNSF milepost 59.4.
The joint relocation project that is the
subject of this notice involves
abandoning the Sun Valley Segment and
relocating the existing wye tracks a
short distance to the south. The
underlying real estate will be conveyed
to the City. BNSF will remove the tracks
on the Sun Valley Segment and UP will
reconstruct its parallel line which it had
previously abandoned.1 The new UP
line will be located between UP
milepost 56.50 and UP milepost 56.68,
a short distance east of Salt Creek and
crossing over Salt Creek using an
existing UP bridge (UP track). The UP
track will be owned and maintained by
UP. BNSF will be granted trackage
rights over the UP track.
The new east wye track will be
located between new BNSF milepost 0.0
and BNSF milepost 59.24 where it will
connect with BNSF’s number 1 main
line (new east wye). The new east wye
will be owned and maintained by BNSF.
UP will be granted trackage rights over
the new east wye. The new west wye
will be located between new milepost
BNSF 0.0 and BNSF milepost 59.55
where it will connect with BNSF’s
number 1 main line (new west wye).
The new west wye will be owned and
maintained by BNSF. UP’s lease of the
existing west wye and the Sun Valley
Segment will be terminated. UP will
retain existing operating rights
incidental to interchange to Hobson
Yard which includes the new west wye.
Applicants state that the proposed
joint relocation project will not disrupt
service to shippers. There are no
shippers on the Sun Valley Segment, the
existing east wye or the existing west
wye lines. Applicants also state that the
construction of the UP track, the new
east wye and the new west wye will not
involve an expansion of service by
either carrier into new territory, or alter
the existing competitive situation, but
will simply preserve BNSF’s and UP’s
ability to continue to serve the existing
customers in the area.
The Board will exercise jurisdiction
over the abandonment, construction, or
sale components of a relocation project,
and require separate approval or
exemption, only where the removal of
track affects service to shippers or the
construction of new track or transfer of
existing track involves expansion into
new territory. See City of Detroit v.
1 See Union Pac. R.R.—Aban. Exemption—in
Lancaster County, Neb., AB 33 (Sub-No. 207X) (STB
served Sept. 30, 2003).

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Canadian Nat’l Ry., 9 I.C.C.2d 1208
(1993), aff’d sub nom. Detroit/Wayne
Cnty. Port Authority v. ICC, 59 F.3d
1314 (DC Cir. 1995); Flats Indus. R.R. &
Norfolk S. Ry.—Joint Relocation Project
Exemption—in Cleveland, Ohio, FD
34108 (STB served Nov. 15, 2001). Line
relocation projects may embrace
trackage rights transactions such as
those involved here. See Detroit, Toledo
& Ironton R.R.—Trackage Rights—
Between Washington Court House &
Greggs, Ohio—Exemption, 363 I.C.C.
878 (1981). Under these standards, the
incidental abandonment, construction,
lease and trackage rights components of
this relocation project require no
separate approval or exemption because
the relocation project will not disrupt
service to shippers, expand BNSF’s or
UP’s service into a new territory, or alter
the existing competitive situation, and
thus, this joint relocation project
qualifies for the class exemption at 49
CFR 1180.2(d)(5).
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).
The transaction may be consummated
on or after September 29, 2010, the
effective date of the exemption (30 days
after the exemption was filed).
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 22,
2010 (at least 7 days before the
exemption becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35415, 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 applicants’ representatives:
Karl Morell, Of Counsel, Ball Janik LLP,
Suite 225, 1455 F Street, NW.,
Washington, DC 20005; and Mack H.
Shummate, Jr., Senior General Attorney,
101 North Wacker Drive, #1920,
Chicago, IL 60606.
Board decisions and notices are
available on our Web site at http://
www.stb.dot.gov.
Decided: September 3, 2010.

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