80 FR 29390 - Tri-City Railroad Company-Petition for Declaratory Order
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 98 (May 21, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 98 (May 21, 2015)
| Page Range | 29390-29391 | |
| FR Document | 2015-12409 |
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)] [Notices] [Pages 29390-29391] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12409] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35915] Tri-City Railroad Company--Petition for Declaratory Order By petition filed on March 19, 2015, Tri-City Railroad Company, LLC (TCRY) seeks a declaratory order concerning efforts by two Washington State communities to bisect TCRY's tracks with a proposed at-grade street crossing. TCRY, a Class III rail carrier, operates on approximately 16 miles of track, which is owned by the Port of Benton.\1\ The track runs through the City of Kennewick and the City of Richland (collectively the Cities).\2\ TCRY asks for a finding that 49 U.S.C. 10501(b) preempts actions by the Cities to condemn and acquire a right-of-way for a proposed at-grade crossing, which would bisect TCRY's main and passing tracks.\3\ TCRY claims that the proposed at- grade crossing would unreasonably interfere with current and planned railroad operations by rendering portions of the tracks unusable for switching and railcar storage operations.\4\ Moreover, TCRY asserts that the proposed at-grade crossing would create new hazards for both rail crews and members of the public.\5\ --------------------------------------------------------------------------- \1\ TCRY Pet. 4, Mar. 19, 2015. \2\ Id. \3\ Id. at 1-2 and 46-7. \4\ Id. at 1. \5\ Id. --------------------------------------------------------------------------- TCRY states that the Cities filed two petitions with the Washington State Utilities and Transportation Commission (UTC) to approve the at- grade crossing at issue here. TCRY claims that the first petition, filed in 2006, was denied because the UTC found that the Cities had failed to meet their burden to demonstrate that the [[Page 29391]] inherent and site-specific dangers of the crossing could be mitigated with the installation of safety devices.\6\ The Cities filed a second petition in 2013. TCRY notes that the UTC initially denied the 2013 petition, but that it ultimately reversed itself and approved the crossing.\7\ --------------------------------------------------------------------------- \6\ Id. at 13-4. \7\ TCRY Pet. 18-20, Mar. 19, 2015. --------------------------------------------------------------------------- The Cities subsequently served a pre-condemnation notice outlining the Cities' plan for condemning the right-of-way and offered $38,500 in compensation.\8\ On April 7, 2015, TCRY filed a supplemental affidavit of counsel with the Board and attached the Cities' Notice of Planned Final Action and the proposed condemnation ordinances. According to the Cities, approval of these ordinances would authorize the commencement of eminent domain (condemnation) proceedings against TCRY.\9\ Although the Cities were scheduled to consider the condemnation ordinances in April, the record is silent concerning the outcome. --------------------------------------------------------------------------- \8\ Id. at 23. \9\ TCRY's Supplemental Aff. Ex. 1, Apr. 7, 2015. --------------------------------------------------------------------------- The Cities did not file a reply to the petition for declaratory order as provided for in 49 CFR1104.13(a), but they did file a notice of appearance on March 20, 2015. The Board has discretionary authority under 5 U.S.C. 554(e) and 49 U.S.C. 721 to issue a declaratory order to eliminate a controversy or remove uncertainty. Here, a controversy exists as to whether the proposed condemnation action to construct an at-grade crossing is preempted under 10501(b), and the record is incomplete. The Board will therefore institute a declaratory order proceeding and consider the matter under the modified procedure rules at 49 CFR pt. 1112. The Board will treat TCRY's March 19 petition as its opening statement. Replies and comments from interested parties are due June 8, 2015. TCRY's rebuttal to all replies and comments shall be due June 17, 2015. It is ordered: 1. A declaratory order proceeding is instituted. This proceeding will be handled under the modified procedure on the basis of written statements submitted by the parties. All parties must comply with the Rules of Practice, including 49 CFR parts 1112 and 1114. 2. Replies are due June 8, 2015. 3. TCRY's rebuttal is due June 17, 2015. 4. Notice of the Board's action will be published in the Federal Register. 5. This decision is effective on its service date. Decided: May 18, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2015-12409 Filed 5-20-15; 8:45 am] BILLING CODE 4915-01-P
![29390 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices
An original and 10 copies of all corridor in connection with a multi- obtain a copy of the EA (or EIS). EAs in
pleadings, referring to Docket No. FD faceted riverfront redevelopment abandonment proceedings normally will
35917, must be filed with the Surface project. be made available within 60 days of the
Transportation Board, 395 E Street SW., According to RJC, the Line does not filing of the petition. The deadline for
Washington, DC 20423–0001. In contain federally granted rights-of-way. submission of comments on the EA
addition, a copy of each pleading must Any documentation in RJC’s possession generally will be within 30 days of its
be served on applicant’s representative, will be made available promptly to service.
John D. Heffner, Strasburger & Price, those requesting it. Board decisions and notices are
LLP, 1025 Connecticut Ave. NW., Suite The interest of railroad employees available on our Web site at
717, Washington, DC 20036. will be protected by the conditions set ‘‘WWW.STB.DOT.GOV.’’
Board decisions and notices are forth in Oregon Short Line Railroad— Decided: May 15, 2015.
available on our Web site at Abandonment Portion Goshen Branch
By the Board, Rachel D. Campbell,
WWW.STB.DOT.GOV. Between Firth & Ammon, In Bingham & Director, Office of Proceedings.
Bonneville Counties, Idaho, 360 I.C.C. Brendetta S. Jones,
Decided: May 18, 2015.
91 (1979).
By the Board, Rachel D. Campbell, By issuing this notice, the Board is Clearance Clerk.
Director, Office of Proceedings. instituting an exemption proceeding [FR Doc. 2015–12314 Filed 5–20–15; 8:45 am]
Raina S. Contee, pursuant to 49 U.S.C. 10502(b). A final BILLING CODE 4915–01–P
Clearance Clerk. decision will be issued by August 19,
[FR Doc. 2015–12368 Filed 5–20–15; 8:45 am] 2015.
BILLING CODE 4915–01–P Any OFA under 49 CFR 1152.27(b)(2) DEPARTMENT OF TRANSPORTATION
will be due by August 29, 2015, or 10
Surface Transportation Board
days after service of a decision granting
DEPARTMENT OF TRANSPORTATION the petition for exemption, whichever [Docket No. FD 35915]
occurs first. Each OFA must be
Surface Transportation Board accompanied by a $1,600 filing fee. See Tri-City Railroad Company—Petition
49 CFR 1002.2(f)(25). for Declaratory Order
[Docket No. AB 550 (Sub-No. 3X)]
All interested persons should be By petition filed on March 19, 2015,
R.J. Corman Railroad Company/ aware that, following abandonment, the Tri-City Railroad Company, LLC (TCRY)
Allentown Lines, Inc.—Abandonment Line may be suitable for other public seeks a declaratory order concerning
Exemption—in Lehigh County, PA use, including interim trail use. Any efforts by two Washington State
request for a public use condition under communities to bisect TCRY’s tracks
On April 30, 2015, R.J. Corman 49 CFR 1152.28 or for trail use/rail with a proposed at-grade street crossing.
Railroad Company/Allentown Lines, banking under 49 CFR 1152.29 will be TCRY, a Class III rail carrier, operates on
Inc. (RJC) filed with the Surface due no later than June 10, 2015. Each approximately 16 miles of track, which
Transportation Board (Board) a petition trail request must be accompanied by a is owned by the Port of Benton.1 The
under 49 U.S.C. 10502 for exemption $300 filing fee. See 49 CFR track runs through the City of
from provisions of 49 U.S.C. 10903 to 1002.2(f)(27). Kennewick and the City of Richland
abandon approximately 3.5 miles of rail All filings in response to this notice (collectively the Cities).2 TCRY asks for
line extending between milepost 93.18 must refer to Docket No. AB 550 (Sub- a finding that 49 U.S.C. 10501(b)
in Allentown, Pa., and milepost 96.709 No. 3X) and must be sent to: (1) Surface preempts actions by the Cities to
in or near Whitehall, Pa. (the Line). The Transportation Board, 395 E Street SW., condemn and acquire a right-of-way for
Line traverses United States Postal Washington, DC 20423–0001; and (2) a proposed at-grade crossing, which
Service Zip Codes 18102 and 18052. Audrey L. Brodrick, Fletcher & Sippel would bisect TCRY’s main and passing
According to RJC, there is one LLC, 29 North Wacker Drive, Suite 920, tracks.3 TCRY claims that the proposed
shipper, American Carbonation (AC), Chicago, IL 60606–2832. Replies to the at-grade crossing would unreasonably
which leases property adjacent to the petition are due on or before June 10, interfere with current and planned
right-of-way to conduct a transload 2015. railroad operations by rendering
operation. RJC states that AC is aware of Persons seeking further information
portions of the tracks unusable for
RJC’s proposed abandonment and does concerning abandonment procedures
switching and railcar storage
not object. RJC and AC have worked to may contact the Board’s Office of Public
operations.4 Moreover, TCRY asserts
relocate AC’s transloading operation to Assistance, Governmental Affairs and
that the proposed at-grade crossing
a nearby RJC yard track not included Compliance at (202) 245–0238 or refer
would create new hazards for both rail
within the scope of this abandonment. to the full abandonment regulations at
crews and members of the public.5
From the new location, RJC will serve 49 CFR part 1152. Questions concerning TCRY states that the Cities filed two
AC directly at (or before) such time as environmental issues may be directed to petitions with the Washington State
RJC officially terminates operations over the Board’s Office of Environmental Utilities and Transportation
the Line. AC expects to be able to ship Analysis (OEA) at (202) 245–0305. Commission (UTC) to approve the at-
and receive carload traffic to and from Assistance for the hearing impaired is grade crossing at issue here. TCRY
this new location on or before May 31, available through the Federal claims that the first petition, filed in
2015. Information Relay Service at 1–800– 2006, was denied because the UTC
After receiving Board authority to 877–8339. found that the Cities had failed to meet
tkelley on DSK3SPTVN1PROD with NOTICES
abandon the Line, RJC intends to An environmental assessment (EA) (or
their burden to demonstrate that the
salvage the rails, ties, and other track environmental impact statement (EIS), if
material and then convey its right, title, necessary) prepared by OEA will be 1 TCRY Pet. 4, Mar. 19, 2015.
and interest, if any, in the portion of the served upon all parties of record and 2 Id.
subject right-of-way to Trestle upon any other agencies or persons who 3 Id. at 1–2 and 46–7.
Redevelopment Partners (Trestle). comment during its preparation. Other 4 Id. at 1.
Trestle plans to use that portion of the interested persons may contact OEA to 5 Id.
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![Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices 29391
inherent and site-specific dangers of the Decided: May 18, 2015. years. See 31 CFR 103.125, 103.130, and
crossing could be mitigated with the By the Board, Rachel D. Campbell, 103.135.
installation of safety devices.6 The Director, Office of Proceedings. Affected Public: Private Sector:
Cities filed a second petition in 2013. Raina S. White, Businesses or other for-profits.
TCRY notes that the UTC initially Clearance Clerk. Estimated Annual Burden Hours:
denied the 2013 petition, but that it [FR Doc. 2015–12409 Filed 5–20–15; 8:45 am] 341,216.
ultimately reversed itself and approved BILLING CODE 4915–01–P Dated: May 18, 2015.
the crossing.7 Dawn D. Wolfgang,
The Cities subsequently served a pre-
Treasury PRA Clearance Officer.
condemnation notice outlining the DEPARTMENT OF THE TREASURY [FR Doc. 2015–12307 Filed 5–20–15; 8:45 am]
Cities’ plan for condemning the right-of-
way and offered $38,500 in BILLING CODE 4810–02–P
Submission for OMB Review;
compensation.8 On April 7, 2015, TCRY Comment Request
filed a supplemental affidavit of counsel
with the Board and attached the Cities’ AGENCY: Department of the Treasury.
UNITED STATES INSTITUTE OF
Notice of Planned Final Action and the ACTION: Notice. PEACE
proposed condemnation ordinances.
According to the Cities, approval of SUMMARY: The Department of the
Notice of Intent To Release a Request
these ordinances would authorize the Treasury will submit the following
for Proposal (RFP) for Facility
commencement of eminent domain information collection request to the
Management Services; for Immediate
(condemnation) proceedings against Office of Management and Budget
Release
TCRY.9 Although the Cities were (OMB) for review and clearance in
scheduled to consider the accordance with the Paperwork May 15, 2015.
condemnation ordinances in April, the Reduction Act of 1995, Public Law 104– AGENCY: United States Institute of Peace.
record is silent concerning the outcome. 13, on or after the date of publication of ACTION:Notice of Intent to Release a
The Cities did not file a reply to the this notice. Request for Proposal (RFP) for Facility
petition for declaratory order as DATES: Comments should be received on Management Services.
provided for in 49 CFR1104.13(a), but or before June 22, 2015 to be assured of
they did file a notice of appearance on consideration. SUMMARY: United States Institute of
March 20, 2015. ADDRESSES: Send comments regarding Peace (USIP) is intending to release a
The Board has discretionary authority the burden estimate, or any other aspect Request for Proposal (RFP) on June 30,
under 5 U.S.C. 554(e) and 49 U.S.C. 721 of the information collection, including 2015, for Facility Management Services.
to issue a declaratory order to eliminate suggestions for reducing the burden, to The following information provides
a controversy or remove uncertainty. (1) Office of Information and Regulatory background information for the
Here, a controversy exists as to whether Affairs, Office of Management and intended RFP as well as high level view
the proposed condemnation action to Budget, Attention: Desk Officer for of the ‘‘Expected Scope of Services.’’
construct an at-grade crossing is Treasury, New Executive Office Also included with this notice is a
preempted under 10501(b), and the Building, Room 10235, Washington, DC summary of estimated key dates to
record is incomplete. The Board will 20503, or email at OIRA_Submission@ enable appropriate planning by the
therefore institute a declaratory order OMB.EOP.gov and (2) Treasury PRA vendor community. The purpose of this
proceeding and consider the matter Clearance Officer, 1750 Pennsylvania notice is to provide early awareness of
under the modified procedure rules at Ave. NW., Suite 8140, Washington, DC this impending RFP in our effort to
49 CFR pt. 1112. 20220, or email at PRA@treasury.gov. support broad and fair competition for
The Board will treat TCRY’s March 19 this procurement.
FOR FURTHER INFORMATION CONTACT:
petition as its opening statement. Please note that USIP will not
Copies of the submission(s) may be
Replies and comments from interested entertain questions regarding this RFP
obtained by emailing PRA@treasury.gov,
parties are due June 8, 2015. TCRY’s until the REP is released.
calling (202) 927–5331, or viewing the
rebuttal to all replies and comments Expected Scope of Services: Below are
entire information collection request at
shall be due June 17, 2015. targeted objectives for the facility
It is ordered: www.reginfo.gov.
management services contract for the
1. A declaratory order proceeding is Financial Crimes Enforcement Network USIP Campus. The objectives have been
instituted. This proceeding will be (FinCEN) organized under the following:
handled under the modified procedure • Facilities Management Services
OMB Number: 1506–0020.
on the basis of written statements Æ Facility Management
Type of Review: Extension without
submitted by the parties. All parties Æ External Maintenance
change of a currently approved
must comply with the Rules of Practice, Æ Interior Maintenance
collection.
including 49 CFR parts 1112 and 1114. Æ Event Support
Title: Anti-Money Laundering
2. Replies are due June 8, 2015. Æ Oversee/Monitor subcontractor(s)
3. TCRY’s rebuttal is due June 17, Programs for Money Services Business,
Mutual Funds, Operators of Credit Card for the building
2015. • Contractor relations
4. Notice of the Board’s action will be Systems, and Providers of Prepaid
Access. • Negotiated contracts
published in the Federal Register. • Facility Management direct contracts
tkelley on DSK3SPTVN1PROD with NOTICES
5. This decision is effective on its Abstract: Money services businesses,
service date. mutual funds, and operators of credit Estimated Key Action Dates: The
card systems, and providers of prepaid dates in the following table are only
6 Id. at 13–4. access are required to develop and estimates and are provided to illustrate
7 TCRY Pet. 18–20, Mar. 19, 2015. implement written anti-money the current expectations for timing of
8 Id. at 23. laundering program. A copy of the actions related to this RFP and the
9 TCRY’s Supplemental Aff. Ex. 1, Apr. 7, 2015. program must be maintained for five resultant contract for services.
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Document Created: 2018-10-24 10:26:05
Document Modified: 2018-10-24 10:26:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 29390 |
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