80_FR_50541 80 FR 50381 - BNSF Railway Company-Abandonment Exemption-in King County, Wash.

80 FR 50381 - BNSF Railway Company-Abandonment Exemption-in King County, Wash.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50381-50382
FR Document2015-20519

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50381-50382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20519]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 6 (Sub-No. 490X)]


BNSF Railway Company--Abandonment Exemption--in King County, 
Wash.

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon 1,100 linear feet of rail line between milepost 4.53 and the 
end of the line at Engineering Station 258+07 in Seattle, King County, 
Wash. (the Line). The Line traverses United States Postal Service Zip 
Code 98119.
    BNSF has certified that: (1) No local traffic has been handled over 
the Line since prior to 1995; (2) no overhead traffic has been handled 
on the Line since prior to 1995; (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

[[Page 50382]]

over the Line either is pending with the Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
a complainant within the two-year period; and (4) the requirements at 
49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment 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) has been received, this exemption will be 
effective on September 18, 2015, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by August 31, 2015. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by September 8, 2015, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Karl Morell, Karl Morell & Associates, 655 
Fifteenth Street NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by August 
24, 2015. Interested persons may obtain a copy of the EA by writing to 
OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-
0001) or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Information Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by filing of a notice of 
consummation by August 19, 2016, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: August 14, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-20519 Filed 8-18-15; 8:45 am]
 BILLING CODE 4915-01-P



                                                                                  Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices                                                               50381

                                                                                                           TABLE 1—CROSSFIRE VOQ REPORTS BY MODEL YEAR
                                                                                 Model year                                                   Reports             Crashes           Injuries         Fatalities        Roadway

                                              2005   .....................................................................................               211                 0                 0                  0              3
                                              2006   .....................................................................................                44                 0                 0                  0              1
                                              2007   .....................................................................................                 9                 0                 0                  0              0
                                              2008   .....................................................................................                 9                 0                 0                  0              0
                                                   Total ..............................................................................                  273                 0                 0                  0              4



                                              FMVSS No. 212; Windshield Mounting                                          safety. However, Chrysler subsequently                   V. Conclusion
                                                 This standard establishes the                                            provided a limited extended warranty to                     For the reasons presented in the
                                              retention requirements for windshields                                      some owners.                                             petition analysis, and after thorough
                                              in motor vehicle crashes. The purpose                                          As part of this petition analysis, ODI                assessment of the potential risks to
                                              of the standard is to reduce injuries and                                   sent an information request 2 to FCA                     safety, it is unlikely that an order
                                              fatalities in crashes by providing                                          requesting information for any reports                   concerning the notification and remedy
                                              retention of a vehicles windshield                                          that resulted in any injury or fatality to               of a safety-related defect would be
                                              during a crash by utilizing the                                             any person either in the vehicle or                      issued as a result of granting Mr. Devries
                                              penetration-resistance and injury-                                          outside of the vehicle; a vehicle crash or               petition. After full consideration of the
                                              avoidance properties of the windshield                                      loss of control incident; or a back glass                potential for finding a safety related
                                              glazing material and preventing                                             leaving the confines of the vehicle top.                 defect in these vehicles and in view of
                                              occupant ejection from the vehicle. This                                    FCA’s response to this request provided                  the need to allocate and prioritize
                                              standard does not apply to the back                                         one report in which it was alleged that                  NHTSA’s limited resources to best
                                              glass at issue in this petition. No other                                                                                            accomplish the agency’s mission, the
                                                                                                                          the back glass went off the back of the
                                              FMVSS establishes a minimum level of                                                                                                 petition is respectfully denied.
                                                                                                                          vehicle while being driven. FCA’s                           This action does not constitute a
                                              performance for back glass retention in                                     response letter 3 explains that the
                                              either convertible or hard top vehicles.                                                                                             finding by NHTSA that a safety-related
                                                                                                                          Company believes that the back glass                     defect does not exist. The Agency will
                                              IV. ODI’s Assessment                                                        did not separate and fall off the back of                take further action if warranted by
                                                                                                                          the vehicle as alleged by the individual                 future circumstances.
                                                 The adhesive bond of the convertible
                                                                                                                          submitting the complaint to FCA. ODI
                                              top back glass to the top material can                                                                                                 Authority: 49 U.S.C. 30162(d); delegations
                                                                                                                          also notes that FCA’s May 19, 2015
                                              lose its bonding properties over time.                                                                                               of authority at CFR 1.95 and 501.8.
                                                                                                                          response letter answering our
                                              From complainant descriptions, it                                                                                                    Frank S. Borris, II,
                                              appears that separation of the glass                                        information request for this petition
                                                                                                                          erroneously concludes that ODI                           Acting Associate Administrator for
                                              generally starts in a small area, possibly                                                                                           Enforcement.
                                              at a lower corner. Over time, the                                           previously found that no safety defect
                                              separation can progress around the glass                                    existed when we reviewed information                     [FR Doc. 2015–20380 Filed 8–18–15; 8:45 am]

                                              to a point at which the glass is visibly                                    submitted by Chrysler on January 29,                     BILLING CODE 4910–59–P

                                              and physically loose from the top                                           2010. ODI’s decision not to take further
                                              material and in some cases can separate                                     action at that time is not, as Chrysler
                                                                                                                          suggests, a finding that no safety defect                DEPARTMENT OF TRANSPORTATION
                                              completely from the top. Because of the
                                              angle at which the glass is installed in                                    existed.                                                 Surface Transportation Board
                                              the top it will tend to fall inside of the                                     ODI’s analysis, our second
                                              vehicle onto the tonneau cover, behind                                                                                               [Docket No. AB 6 (Sub-No. 490X)]
                                                                                                                          examination of Crossfire Roadster rear
                                              the only two available seats for the                                        window separations, indicates that there                 BNSF Railway Company—
                                              vehicle occupants. In addition, the glass                                   are not any crashes, deaths or injuries                  Abandonment Exemption—in King
                                              panel in question is larger than the rear                                   related to this issue. The configuration                 County, Wash.
                                              window opening in the convertible top.                                      of the window opening and the size of
                                              Therefore, the glass would have to rotate                                   the window glass itself indicate that it                    BNSF Railway Company (BNSF) has
                                              and move in several planes of motion to                                     is unlikely that the glass would pass                    filed a verified notice of exemption
                                              pass through the rear window opening                                        through the window opening once the                      under 49 CFR pt. 1152 subpart F—
                                              after detaching from the top.                                               rear glass has completely separated from                 Exempt Abandonments to abandon
                                                 ODI has also previously examined                                         the convertible top. Further, although                   1,100 linear feet of rail line between
                                              rear window separation in the subject                                       the petitioner states that Chrysler’s                    milepost 4.53 and the end of the line at
                                              vehicles. Based on 11 VOQs reporting                                        extended warranty policy for these                       Engineering Station 258+07 in Seattle,
                                              some degree of rear glass separation,                                       vehicles is unreasonable, the question                   King County, Wash. (the Line). The Line
                                              ODI first examined rear glass separation                                    that ODI must answer is whether the                      traverses United States Postal Service
                                              in MY 2005 Chrysler Crossfire Roadsters                                     separation of the rear glass from the                    Zip Code 98119.
                                              in late 2009. Soon thereafter, ODI                                          convertible top results in an                               BNSF has certified that: (1) No local
                                              contacted Chrysler seeking complaint                                        unreasonable risk to safety. The                         traffic has been handled over the Line
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                                              information concerning the issue.                                           evidence revealed by our analysis does                   since prior to 1995; (2) no overhead
                                              Chrysler provided a confidential                                            not presently support such a finding.                    traffic has been handled on the Line
                                              response to ODI on January 29, 2010.                                                                                                 since prior to 1995; (3) no formal
                                              Chrysler’s response did not contain any                                        2 Please see ODI’s April 27, 2015 letter to FCA in
                                                                                                                                                                                   complaint filed by a user of rail service
                                              information indicating that the                                             file DP15–003.                                           on the Line (or by a state or local
                                              separation of the rear glass in the subject                                    3 See FCA DP15–003 response letter of May 19,         government entity acting on behalf of
                                              vehicles posed an unreasonable risk to                                      2015 in file DP15–003.                                   such user) regarding cessation of service


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                                              50382                      Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices

                                              over the Line either is pending with the                Surface Transportation Board,                         Clearance Officer, 1750 Pennsylvania
                                              Surface Transportation Board (Board) or                 Washington, DC 20423–0001) or by                      Ave. NW., Suite 8140, Washington, DC
                                              with any U.S. District Court or has been                calling OEA at (202) 245–0305.                        20220, or email at PRA@treasury.gov.
                                              decided in favor of a complainant                       Assistance for the hearing impaired is                FOR FURTHER INFORMATION CONTACT:
                                              within the two-year period; and (4) the                 available through the Federal                         Copies of the submission(s) may be
                                              requirements at 49 CFR 1105.7(c)                        Information Relay Service at (800) 877–               obtained by emailing PRA@treasury.gov
                                              (environmental report), 49 CFR 1105.11                  8339. Comments on environmental and                   or viewing the entire information
                                              (transmittal letter), 49 CFR 1105.12                    historic preservation matters must be                 collection request at www.reginfo.gov.
                                              (newspaper publication), and 49 CFR                     filed within 15 days after the EA                     SUPPLEMENTARY INFORMATION:
                                              1152.50(d)(1) (notice to governmental                   becomes available to the public.
                                              agencies) have been met.                                   Environmental, historic preservation,              Departmental Offices, Office of the
                                                 As a condition to this exemption, any                public use, or trail use/rail banking                 Procurement Executive
                                              employee adversely affected by the                      conditions will be imposed, where                       OMB Number: 1505–0081.
                                              abandonment shall be protected under                    appropriate, in a subsequent decision.                  Type of Review: Revision of a
                                              Oregon Short Line Railroad—                                Pursuant to the provisions of 49 CFR               currently approved collection.
                                              Abandonment Portion Goshen Branch                       1152.29(e)(2), BNSF shall file a notice of              Title: Solicitation of Proposal
                                              Between Firth & Ammon, in Bingham &                     consummation with the Board to signify                Information for Award of Public
                                              Bonneville Counties, Idaho, 360 I.C.C.                  that it has exercised the authority                   Contracts.
                                              91 (1979). To address whether this                      granted and fully abandoned the line. If                Abstract: Information requested of
                                              condition adequately protects affected                  consummation has not been effected by                 offerors is specific to each procurement
                                              employees, a petition for partial                       filing of a notice of consummation by                 solicitation, and is required for Treasury
                                              revocation under 49 U.S.C. 10502(d)                     August 19, 2016, and there are no legal               to properly evaluate the capabilities and
                                              must be filed.                                          or regulatory barriers to consummation,               experience of potential contractors who
                                                 Provided no formal expression of                     the authority to abandon will                         desire to provide the supplies or
                                              intent to file an offer of financial                    automatically expire.                                 services to be acquired. Evaluation will
                                              assistance (OFA) has been received, this                   Board decisions and notices are                    be used to determine which proposal
                                              exemption will be effective on                          available on our Web site at                          most benefits the Government.
                                              September 18, 2015, unless stayed                       ‘‘WWW.STB.DOT.GOV.’’                                    Affected Public: Private Sector:
                                              pending reconsideration. Petitions to                     Decided: August 14, 2015.                           Businesses or other for-profits.
                                              stay that do not involve environmental                                                                          Estimated Burden Hours: 203,193.
                                                                                                        By the Board, Rachel D. Campbell,
                                              issues,1 formal expressions of intent to                Director, Office of Proceedings.                        Dated: August 13, 2015.
                                              file an OFA under 49 CFR                                                                                      Dawn D. Wolfgang,
                                                                                                      Jeffrey Herzig,
                                              1152.27(c)(2),2 and interim trail use/rail
                                                                                                      Clearance Clerk.                                      Treasury PRA Clearance Officer.
                                              banking requests under 49 CFR 1152.29
                                                                                                      [FR Doc. 2015–20519 Filed 8–18–15; 8:45 am]           [FR Doc. 2015–20375 Filed 8–18–15; 8:45 am]
                                              must be filed by August 31, 2015.
                                              Petitions to reopen or requests for                     BILLING CODE 4915–01–P                                BILLING CODE 4810–25–P

                                              public use conditions under 49 CFR
                                              1152.28 must be filed by September 8,
                                              2015, with the Surface Transportation                   DEPARTMENT OF THE TREASURY                            DEPARTMENT OF VETERANS
                                              Board, 395 E Street SW., Washington,                                                                          AFFAIRS
                                              DC 20423–0001.                                          Submission for OMB Review;
                                                                                                                                                            [OMB Control No. 2900–0160]
                                                 A copy of any petition filed with the                Comment Request
                                              Board should be sent to applicant’s                     AGENCY:   Department of the Treasury                  Agency Information Collection: (Per
                                              representative: Karl Morell, Karl Morell                                                                      Diem for Nursing Home Care of
                                                                                                      ACTION:   Notice.
                                              & Associates, 655 Fifteenth Street NW.,                                                                       Veterans in State Homes; Per Diem for
                                              Suite 225, Washington, DC 20005.                        SUMMARY:   The Department of the                      Domiciliary Adult Day Health Care of
                                                 If the verified notice contains false or             Treasury will submit the following                    Veterans in State Homes)
                                              misleading information, the exemption                   information collection request to the
                                              is void ab initio.                                                                                            AGENCY:  Veterans Health
                                                                                                      Office of Management and Budget
                                                 BNSF has filed environmental and                                                                           Administration, Department of Veterans
                                                                                                      (OMB) for review and clearance in
                                              historic reports that address the effects,                                                                    Affairs.
                                                                                                      accordance with the Paperwork
                                              if any, of the abandonment on the                       Reduction Act of 1995, Public Law 104–                ACTION: Notice.
                                              environment and historic resources.                     13, on or after the date of publication of
                                              OEA will issue an environmental                                                                               SUMMARY:  The Veterans Health
                                                                                                      this notice.                                          Administration (VHA), Department of
                                              assessment (EA) by August 24, 2015.
                                                                                                      DATES: Comments should be received on                 Veterans Affairs (VA), is announcing an
                                              Interested persons may obtain a copy of
                                                                                                      or before September 18, 2015 to be                    opportunity for public comment on the
                                              the EA by writing to OEA (Room 1100,
                                                                                                      assured of consideration.                             proposed collection of certain
                                                 1 The Board will grant a stay if an informed         ADDRESSES: Send comments regarding                    information by the agency. Under the
                                              decision on environmental issues (whether raised        the burden estimate, or any other aspect              Paperwork Reduction Act (PRA) of
                                              by a party or by the Board’s Office of Environmental    of the information collection, including              1995, Federal agencies are required to
                                              Analysis (OEA) in its independent investigation)        suggestions for reducing the burden, to               publish notice in the Federal Register
                                              cannot be made before the exemption’s effective
tkelley on DSK3SPTVN1PROD with NOTICES




                                              date. See Exemption of Out-of-Serv. Rail Lines, 5       (1) Office of Information and Regulatory              concerning each proposed collection of
                                              I.C.C. 2d 377 (1989). Any request for a stay should     Affairs, Office of Management and                     information and allow 60 days for
                                              be filed as soon as possible so that the Board may      Budget, Attention: Desk Officer for                   public comment in response to the
                                              take appropriate action before the exemption’s          Treasury, New Executive Office                        notice. This notice solicits comments on
                                              effective date.
                                                 2 Each OFA must be accompanied by the filing         Building, Room 10235, Washington, DC                  the information needed to provide
                                              fee, which is currently set at $1,600. See 49 CFR       20503, or email at OIRA_Submission@                   payment of per diem to State homes that
                                              1002.2(f)(25).                                          OMB.EOP.gov and (2) Treasury PRA                      provide nursing home care to eligible


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Document Created: 2015-12-15 11:58:47
Document Modified: 2015-12-15 11:58:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 50381 

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