80 FR 50922 - V and S Railway, LLC-Abandonment Exemption-in Pueblo, Crowley, and Kiowa Counties, Colo.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range		50922-50922
FR Document		2015-20718

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Page 50922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20718]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 603 (Sub-No. 4X)]


V and S Railway, LLC--Abandonment Exemption--in Pueblo, Crowley, 
and Kiowa Counties, Colo.

    V and S Railway, LLC (V&S) has filed a verified notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a line 
of railroad extending between milepost 747.5 near Towner and milepost 
869.4 near NA Junction, a distance of 121.9 miles in Pueblo, Crowley, 
and Kiowa Counties, Colo. (the Towner Line). The Towner Line traverses 
United States Postal Service Zip Codes 81022, 80125, 81062, 81033, 
81063, 81076, 81021, 81045, 81036, and 81071.
    V&S has certified that: (1) No local traffic has moved over the 
Towner Line for at least two years; (2) any overhead traffic on the 
Towner Line can be rerouted over other lines; (3) no formal complaint 
filed by a user of rail service on the Towner Line (or by a state or 
local government entity acting on behalf of such user) regarding 
cessation of service over the Towner Line is either 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; 
\1\ 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 government agencies) 
have been met.
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    \1\ In Docket No. NOR 42140, the Colorado Wheat Administrative 
Committee, the Colorado Association of Wheat Growers, the Colorado 
Wheat Research Foundation, and KCVN, LLC (collectively, the Colorado 
Interests) filed a complaint alleging that V&S has violated 49 
U.S.C. 11101 and 10903 by removing certain track and related assets 
from a segment of the Towner Line over which the Board had 
previously permitted V&S to discontinue service. See V&S Ry.--
Discontinuance of Serv. Exemption--in Pueblo, Crowley, & Kiowa 
Cntys., Colo., AB 603 (Sub-No. 2X) (STB served June 28, 2012). This 
segment of the Towner Line, known as the Western Segment, extends 
between milepost 808.3 near Haswell, Colo., and milepost 868.5. The 
Board granted the joint petition of V&S and the Colorado Interests 
asking that the agency stay that complaint proceeding so that V&S 
could file for the abandonment exemption it seeks here. See Colo. 
Wheat Admin. Comm. v. V&S Ry., NOR 42140 (STB served July 17, 2015). 
Based on these facts, the certification is accurate.
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    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 20, 2015, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ 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 10, 
2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \2\ 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.
    \3\ 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: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M 
Street NW., 7th Floor, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    V&S has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by August 28, 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 (FIRS) 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), V&S shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Towner Line. If 
consummation has not been effected by filing of a notice of 
consummation by August 21, 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 18, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-20718 Filed 8-20-15; 8:45 am]
 BILLING CODE 4915-01-P

50922 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices

Because there are no substantially requirements at 49 CFR 1105.7(c) Federal Information Relay Service
similar U.S.–certified version 1991 (environmental report), 49 CFR 1105.11 (FIRS) at (800) 877–8339. Comments on
BMW M3 Convertible Passenger Cars (transmittal letter), 49 CFR 1105.12 environmental and historic preservation
the petitioner sought import eligibility (newspaper publication), and 49 CFR matters must be filed within 15 days
under 49 U.S.C. 30141(a)(1)(B). 1152.50(d)(1) (notice to government after the EA becomes available to the
Notice of Petition Published at: 80 FR agencies) have been met. public.
30761 (May 29, 2015) As a condition to this exemption, any Environmental, historic preservation,
Vehicle Eligibility Number: VCP–60 employee adversely affected by the public use, or trail use/rail banking
(effective date August 6, 2015) abandonment shall be protected under conditions will be imposed, where
[FR Doc. 2015–20667 Filed 8–20–15; 8:45 am] Oregon Short Line Railroad— appropriate, in a subsequent decision.
BILLING CODE 4910–59–P Abandonment Portion Goshen Branch Pursuant to the provisions of 49 CFR
Between Firth & Ammon, in Bingham & 1152.29(e)(2), V&S shall file a notice of
Bonneville Counties, Idaho, 360 I.C.C. consummation with the Board to signify
DEPARTMENT OF TRANSPORTATION 91 (1979). To address whether this that it has exercised the authority
condition adequately protects affected granted and fully abandoned the
Surface Transportation Board employees, a petition for partial Towner Line. If consummation has not
revocation under 49 U.S.C. 10502(d) been effected by filing of a notice of
[Docket No. AB 603 (Sub-No. 4X)]
must be filed. consummation by August 21, 2016, and
V and S Railway, LLC—Abandonment Provided no formal expression of there are no legal or regulatory barriers
Exemption—in Pueblo, Crowley, and intent to file an offer of financial to consummation, the authority to
Kiowa Counties, Colo. assistance (OFA) has been received, this abandon will automatically expire.
exemption will be effective on Board decisions and notices are
V and S Railway, LLC (V&S) has filed September 20, 2015, unless stayed available on our Web site at
a verified notice of exemption under 49 pending reconsideration. Petitions to www.stb.dot.gov.
CFR part 1152 subpart F—Exempt stay that do not involve environmental Decided: August 18, 2015.
Abandonments to abandon a line of issues,2 formal expressions of intent to By the Board, Rachel D. Campbell,
railroad extending between milepost file an OFA under 49 CFR Director, Office of Proceedings.
747.5 near Towner and milepost 869.4 1152.27(c)(2),3 and interim trail use/rail Jeffrey Herzig,
near NA Junction, a distance of 121.9 banking requests under 49 CFR 1152.29 Clearance Clerk.
miles in Pueblo, Crowley, and Kiowa must be filed by August 31, 2015. [FR Doc. 2015–20718 Filed 8–20–15; 8:45 am]
Counties, Colo. (the Towner Line). The Petitions to reopen or requests for
Towner Line traverses United States BILLING CODE 4915–01–P
public use conditions under 49 CFR
Postal Service Zip Codes 81022, 80125, 1152.28 must be filed by September 10,
81062, 81033, 81063, 81076, 81021, 2015, with the Surface Transportation DEPARTMENT OF TRANSPORTATION
81045, 81036, and 81071. Board, 395 E Street SW., Washington,
V&S has certified that: (1) No local DC 20423–0001. Surface Transportation Board
traffic has moved over the Towner Line A copy of any petition filed with the
for at least two years; (2) any overhead [Docket No. FD 35938]
Board should be sent to applicant’s
traffic on the Towner Line can be representative: Fritz R. Kahn, Fritz R.
rerouted over other lines; (3) no formal New England Central Railroad, Inc.—
Kahn, P.C., 1919 M Street NW., 7th Acquisition and Operation
complaint filed by a user of rail service Floor, Washington, DC 20036.
on the Towner Line (or by a state or Exemption—Claremont Concord
If the verified notice contains false or Railroad Corp.
local government entity acting on behalf misleading information, the exemption
of such user) regarding cessation of is void ab initio. New England Central Railroad, Inc.
service over the Towner Line is either V&S has filed a combined (NECR), a Class III rail carrier, has filed
pending with the Surface environmental and historic report that a verified notice of exemption under 49
Transportation Board (Board) or with addresses the effects, if any, of the CFR 1150.41 to acquire from Claremont
any U.S. District Court or has been abandonment on the environment and Concord Railroad Corp. (CCRR) its
decided in favor of a complainant historic resources. OEA will issue an rights in a line of railroad between
within the two-year period; 1 and (4) the environmental assessment (EA) by milepost 0.29 and milepost 2.1 in
August 28, 2015. Interested persons may Claremont, Sullivan County, N.H., and
1 In Docket No. NOR 42140, the Colorado Wheat
obtain a copy of the EA by writing to its rights in a line of railroad between
Administrative Committee, the Colorado milepost 141.00 +/¥ and milepost
Association of Wheat Growers, the Colorado Wheat
OEA (Room 1100, Surface
Research Foundation, and KCVN, LLC (collectively, Transportation Board, Washington, DC 142.78+/¥ 1 in West Lebanon, Graton
the Colorado Interests) filed a complaint alleging 20423–0001) or by calling OEA at (202) County, N.H.2
that V&S has violated 49 U.S.C. 11101 and 10903 245–0305. Assistance for the hearing The transaction is expected to be
by removing certain track and related assets from consummated on or after September 8,
a segment of the Towner Line over which the Board
impaired is available through the
had previously permitted V&S to discontinue
2015.
2 The Board will grant a stay if an informed
service. See V&S Ry.—Discontinuance of Serv.
Exemption—in Pueblo, Crowley, & Kiowa Cntys., decision on environmental issues (whether raised 1 CCRR has recently obtained authority to

Colo., AB 603 (Sub-No. 2X) (STB served June 28, by a party or by the Board’s Office of Environmental discontinue service over 0.97 miles of rail line
2012). This segment of the Towner Line, known as Analysis (OEA) in its independent investigation) between approximately milepost 140 and milepost
rmajette on DSK7SPTVN1PROD with NOTICES

the Western Segment, extends between milepost cannot be made before the exemption’s effective 141. See Claremont Concord R.R.—Discontinuance
808.3 near Haswell, Colo., and milepost 868.5. The date. See Exemption of Out-of-Serv. Rail Lines, 5 of Serv. Exemption—in Grafton Cnty., N.H., AB
Board granted the joint petition of V&S and the I.C.C. 2d 377 (1989). Any request for a stay should 1120 (Sub-No. 1X) et al. (STB served Feb. 12, 2015).
Colorado Interests asking that the agency stay that be filed as soon as possible so that the Board may NECR is not acquiring any rights with respect to the
complaint proceeding so that V&S could file for the take appropriate action before the exemption’s portion of the rail line over which service is being
abandonment exemption it seeks here. See Colo. effective date. discontinued.
Wheat Admin. Comm. v. V&S Ry., NOR 42140 (STB 3 Each OFA must be accompanied by the filing 2 CCRR owns the line in Claremont and leases the

served July 17, 2015). Based on these facts, the fee, which is currently set at $1,600. See 49 CFR line in West Lebanon from the State of New
certification is accurate. 1002.2(f)(25). Hampshire’s Department of Transportation.

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Document Created: 2018-02-23 11:01:13
Document Modified: 2018-02-23 11:01:13

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 50922

80 FR 50922 - V and S Railway, LLC-Abandonment Exemption-in Pueblo, Crowley, and Kiowa Counties, Colo.

DEPARTMENT OF TRANSPORTATIONSurface Transportation Board

Federal Register Volume 80, Issue 162 (August 21, 2015)

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board