80 FR 31094 - Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake Erie and Western Railway-Discontinuance of Service Exemption-in Lucas County, Ohio
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 104 (June 1, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 104 (June 1, 2015)
| Page Range | 31094-31095 | |
| FR Document | 2015-13096 |
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)] [Notices] [Pages 31094-31095] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13096] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 377X)]; [Docket No. AB 1231X] Norfolk Southern Railway Company--Discontinuance of Service Exemption--in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake Erie and Western Railway--Discontinuance of Service Exemption--in Lucas County, Ohio Norfolk Southern Railway Company (NSR) and Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway (TLEW) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and Discontinuances of Service for NSR to discontinue rail service, and for TLEW to discontinue lease operations, over approximately 1.80-miles of rail line owned by NSR between milepost TS 13.2 near Maumee, to milepost TS 15.0 at Waterville, in Lucas County, Ohio (the Line). Applicants state that TLEW originally obtained authority to operate the Line in 2012; \1\ however, TLEW did not conduct any business on the Line and eventually defaulted on the lease. Thereafter, NSR cancelled the lease pursuant to the terms of the parties' contract, and NSR has been given power of attorney to file for discontinuance of TLEW's lease operations on TLEW's behalf. The Line traverses United States Postal Service Zip Codes 43537 and 43566. --------------------------------------------------------------------------- \1\ Midwest Rail, LLC d/b/a Toledo, Lake Erie & W. Ry.--Lease & Operation Exemption--Norfolk S. Ry., FD 35634 (STB served June 29, 2012). --------------------------------------------------------------------------- Applicants have certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and overhead traffic, if any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, these exemptions will be effective on July 1, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be filed by June 11, 2015.\3\ Petitions to reopen must be filed by June 22, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. --------------------------------------------------------------------------- \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). \3\ Because applicants are seeking to discontinue service, not to abandon the Line, trail use/rail banking and public use conditions are not appropriate. --------------------------------------------------------------------------- A copy of any petition filed with the Board should be sent to applicants' representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. If the notice contains false or misleading information, these exemptions are void ab initio. Board decisions and notices are available on our Web site at ``www.stb.dot.gov.'' [[Page 31095]] Decided: May 27, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015-13096 Filed 5-29-15; 8:45 am] BILLING CODE 4915-01-P
![31094 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
The mislabeling does not cause any duties found in sections 30118 and behalf. The Line traverses United States
safety problems, such as increasing the 30120, respectively, to notify owners, Postal Service Zip Codes 43537 and
probability of tire failure, and it is purchasers, and dealers of a defect or 43566.
unlikely to result in unsafe use of the noncompliance and to remedy the Applicants have certified that: (1) No
tires. defect or noncompliance. Therefore, this local traffic has moved over the Line for
The agency also believes that the decision only applies to the subject at least two years; (2) no overhead traffic
noncompliance of the subject tires with noncompliant tires that CTA no longer has moved over the Line for at least two
the ply labeling requirements of controlled at the time it determined that years and overhead traffic, if any, could
paragraph S5.5(f) of FMVSS No. 139 is the noncompliance existed. However, be rerouted over other lines; (3) no
inconsequential to motor vehicle safety the granting of this petition does not formal complaint filed by a user of rail
because the noncompliance does not relieve equipment distributors and service on the Line (or by a state or local
affect the operational safety of the dealers of the prohibitions on the sale, government entity acting on behalf of
vehicles on which these tires are offer for sale, or introduction or delivery such user) regarding cessation of service
mounted. Although tire construction for introduction into interstate over the Line either is pending with the
affects the strength and durability, commerce of the noncompliant tires Surface Transportation Board or with
information relating tire strength and under their control after CTA notified any U.S. District Court or has been
durability to the number of plies and them that the subject noncompliance decided in favor of complainant within
types of ply cord material in the tread existed. the two-year period; and (4) the
and sidewall is not readily available to Authority: (49 U.S.C. 30118, 30120: requirements at 49 CFR 1105.12
tire dealers and consumers. Therefore, delegations of authority at 49 CFR 1.95 and (newspaper publication) and 49 CFR
tire dealers and consumers should 501.8) 1152.50(d)(1) (notice to governmental
consider the tire construction agencies) have been met.
information along with other Jeffrey M. Giuseppe, As a condition to these exemptions,
information such as load capacity, Director, Office of Vehicle Safety Compliance. any employee adversely affected by the
maximum inflation pressure, and tread [FR Doc. 2015–13109 Filed 5–29–15; 8:45 am] discontinuance of service shall be
wear, temperature, and traction ratings, BILLING CODE 4910–59–P protected under Oregon Short Line
to assess performance capabilities of Railroad—Abandonment Portion
various tires. In the agency’s judgment, Goshen Branch Between Firth &
the incorrect labeling of the tire DEPARTMENT OF TRANSPORTATION Ammon, in Bingham & Bonneville
construction information will have an Counties, Idaho, 360 I.C.C. 91 (1979). To
inconsequential effect on motor vehicle Surface Transportation Board
address whether this condition
safety because most consumers do not [Docket No. AB 290 (Sub-No. 377X)]; adequately protects affected employees,
base tire purchases or vehicle operation [Docket No. AB 1231X] a petition for partial revocation under
parameters on the number of plies in a 49 U.S.C. 10502(d) must be filed.
tire. Norfolk Southern Railway Company— Provided no formal expression of
NHTSA has also considered the safety Discontinuance of Service intent to file an offer of financial
of personnel working in the tire retread, Exemption—in Lucas County, Ohio; assistance (OFA) to subsidize continued
repair, and recycling industries in Midwest Rail, LLC d/b/a/Toledo, Lake rail service has been received, these
assessing whether the noncompliance of Erie and Western Railway— exemptions will be effective on July 1,
the subject tires with paragraph S5.5(f) Discontinuance of Service 2015, unless stayed pending
FMVSS No. 139 is inconsequential to Exemption—in Lucas County, Ohio reconsideration. Petitions to stay that do
motor vehicle safety. The agency Norfolk Southern Railway Company not involve environmental issues and
believes the noncompliance will have (NSR) and Midwest Rail, LLC d/b/a formal expressions of intent to file an
no measurable effect on the safety of tire Toledo, Lake Erie and Western Railway OFA to subsidize continued rail service
retread, repair, and recycling industries. (TLEW) (collectively, applicants) have under 49 CFR 1152.27(c)(2) 2 must be
The use of steel cord construction in the jointly filed a verified notice of filed by June 11, 2015.3 Petitions to
sidewall and tread is the primary safety exemption under 49 CFR part 1152 reopen must be filed by June 22, 2015,
concern of these industries. In this case, subpart F—Exempt Abandonments and with the Surface Transportation Board,
since the tire sidewall is marked Discontinuances of Service for NSR to 395 E Street SW., Washington, DC
correctly for the number of steel plies, discontinue rail service, and for TLEW 20423–0001.
this potential safety concern does not to discontinue lease operations, over A copy of any petition filed with the
exist. approximately 1.80-miles of rail line Board should be sent to applicants’
NHTSA Decision: In consideration of owned by NSR between milepost TS representative: William A. Mullins,
the foregoing, NHTSA has decided that 13.2 near Maumee, to milepost TS 15.0 Baker & Miller PLLC, 2401 Pennsylvania
CTA has met its burden of persuasion at Waterville, in Lucas County, Ohio Ave. NW., Suite 300, Washington, DC
that the FMVSS No. 139 noncompliance (the Line). Applicants state that TLEW 20037.
is inconsequential to motor vehicle originally obtained authority to operate If the notice contains false or
safety. Accordingly, CTA’s petition is the Line in 2012; 1 however, TLEW did misleading information, these
hereby granted and CTA is exempted not conduct any business on the Line exemptions are void ab initio.
from the obligation of providing and eventually defaulted on the lease. Board decisions and notices are
notification of, and a remedy for, that Thereafter, NSR cancelled the lease available on our Web site at
noncompliance under 49 U.S.C. 30118 pursuant to the terms of the parties’ ‘‘www.stb.dot.gov.’’
Lhorne on DSK2VPTVN1PROD with NOTICES
and 30120. contract, and NSR has been given power
NHTSA notes that the statutory 2 Each OFA must be accompanied by the filing
of attorney to file for discontinuance of
provisions (49 U.S.C. 30118(d) and fee, which is currently set at $1,600. See 49 CFR
TLEW’s lease operations on TLEW’s 1002.2(f)(25).
30120(h)) that permit manufacturers to 3 Because applicants are seeking to discontinue
file petitions for a determination of 1 Midwest Rail, LLC d/b/a Toledo, Lake Erie & W. service, not to abandon the Line, trail use/rail
inconsequentiality allow NHTSA to Ry.—Lease & Operation Exemption—Norfolk S. Ry., banking and public use conditions are not
exempt manufacturers only from the FD 35634 (STB served June 29, 2012). appropriate.
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![Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31095
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Lhorne on DSK2VPTVN1PROD with NOTICES
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Document Created: 2015-12-15 15:18:42
Document Modified: 2015-12-15 15:18:42
| Category | Regulatory Information | |
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| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 80 FR 31094 |
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