80_FR_64696 80 FR 64491 - Caldwell Railroad Commission-Abandonment Exemption-in Caldwell County, NC

80 FR 64491 - Caldwell Railroad Commission-Abandonment Exemption-in Caldwell County, NC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range64491-64492
FR Document2015-27142

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015) 
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64491-64492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27142]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1112X]


Caldwell Railroad Commission--Abandonment Exemption--in Caldwell 
County, NC

    Caldwell Railroad Commission (CRC) has filed an amended verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments to abandon an approximately 3.91-mile rail segment 
extending between milepost 108.79 and milepost 112.7 in Caldwell 
County, N.C. (the Line).\1\ The

[[Page 64492]]

Line traverses United States Postal Service Zip Code 28645.
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    \1\ CRC previously filed a verified notice of exemption that was 
dismissed as moot, because CRC's predecessor had obtained a 49 
U.S.C. Subtitle IV exemption over the relevant portion of the Line, 
which encompassed authority to abandon the Line. Caldwell R.R. 
Comm'n--Aban. Exemption--in Caldwell Cty., N.C., AB 1112X (STB 
served May 22, 2015). CRC subsequently obtained a partial revocation 
of that Subtitle IV exemption, which allows CRC to pursue 
abandonment authority. Caldwell R.R. Comm'n--Exemption from 49 
U.S.C. Subtitle IV, FD 32659 (Sub-No. 2) (STB served Sept. 8, 2015).
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    CRC has certified that: (1) No freight traffic has moved over the 
Line for at least two years; (2) any overhead traffic over the Line can 
and has been rerouted; (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 is 
either pending with the Surface Transportation Board (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 
1105.7(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 November 24, 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 November 2, 2015. Petitions to reopen or requests for public 
use \4\ conditions under 49 CFR 1152.28 must be filed by November 12, 
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).
    \4\ CRC states that the Line may be suitable for other public 
purposes or trail use, but may be subject to reversionary interests.
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    A copy of any petition filed with the Board should be sent to CRC's 
representative: David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CRC 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 October 
30, 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 interim 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), CRC 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 CRC's filing of a notice of 
consummation by October 23, 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: October 20, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-27142 Filed 10-22-15; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices 64491 DEPARTMENT OF TRANSPORTATION Transportation Board, 395 E Street SW., approval of requirements of 49 U.S.C. Washington, DC 20423–0001. In 11323. See 49 CFR 1180.2(d)(2). Surface Transportation Board addition, a copy of each pleading must Under 49 U.S.C. 10502(g), the Board [Docket No. FD 35962] be served on Asim S. Raza, Terminal may not use its exemption authority to Railroad Association of St. Louis, 415 S. relieve a rail carrier of its statutory Terminal Railroad Association of St. 18th Street, Suite 200, St. Louis, MO obligation to protect the interests of its Louis—Trackage Rights Exemption— 63103. employees. Section 11326(c), however, Norfolk Southern Railway Company Board decisions and notices are does not provide for the labor protection available on our Web site at for transactions under §§ 11324 and Norfolk Southern Railway Company WWW.STB.DOT.GOV. 11325 that involve only Class III rail (NSR), pursuant to a written trackage carriers. Because this transaction Decided: October 20, 2015. rights agreement dated July 31, 2015, involves Class III rail carriers only, the has agreed to grant limited local By the Board, Rachel D. Campbell, Director, Office of Proceedings. Board, under the statute, may not trackage rights to the Terminal Railroad impose labor protective conditions for Kenyatta Clay, Association of St. Louis (TRRA) over this transaction. approximately 0.49 miles of rail line in Clearance Clerk. If the verified notice contains false or St. Louis, Mo. (the Line). Specifically, [FR Doc. 2015–26987 Filed 10–22–15; 8:45 am] misleading information, the exemption TRRA will acquire trackage rights BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the between TRRA’s connection with NSR exemption under 49 U.S.C. 10502(d) at approximately North Market Street, St. Louis, Mo., and the Kiesel Facility at DEPARTMENT OF TRANSPORTATION may be filed at any time. The filing of a petition to revoke will not approximately Dock Street, St. Louis, Surface Transportation Board automatically stay the transaction. Mo. Petitions to stay must be filed no later TRRA may consummate its [Docket No. FD 35966] than October 30, 2015 (at least seven acquisition on or after November 7, days before the exemption becomes 2015, the effective date of the exemption Martin Marietta Materials, Inc.— Acquisition of Control Exemption— effective). (30 days after the verified notice of An original and ten copies of all exemption was filed). Rock & Rail, Inc. pleadings referring to Docket No. FD TRRA states that NSR, who currently Martin Marietta Materials, Inc. 35966, must be filed with the Surface operates over TRRA via trackage rights (MMM), a noncarrier, has filed a Transportation Board, 395 E Street SW., to access the Line and serve the Kiesel verified notice of exemption under 49 Washington, DC 20423–0001. In Facility, intends to discontinue a nearby CFR 1180.2(d)(2) to acquire control of addition, a copy of each pleading must two-mile segment of trackage. Rock & Rail, Inc. (RRI), a Class III rail be served on William A. Mullins, Baker According to TRRA, granting TRRA carrier. & Miller PLLC, 2401 Pennsylvania Ave. limited local trackage rights over the According to MMM, it currently NW., Suite 300, Washington, DC 20037. Line for the sole purpose of serving the controls Alamo North Texas Railroad Board decisions and notices are Kiesel Facility (the only active shipper (ANT),1 a Class III rail carrier, which has available on our Web site at accessible via the Line) will allow NSR lines in Wise County, Tex., and Alamo WWW.STB.DOT.GOV. and TRRA to operate more efficiently in Gulf Coast Railroad (AGC), a Class III this area after NSR’s nearby Decided: October 20, 2015. rail carrier, which has lines in Bexar discontinuance while also preserving By the Board, Rachel D. Campbell, County, Tex. MMM states that RRI has rail service to an existing customer. Director, Office of Proceedings. lines in Pueblo and Canon City, Colo., TRRA will assume maintenance of the and that the proposed transaction would Brendetta S. Jones, Line until NSR decides to resume active not connect ANT, AGC, or RRI. MMM Clearance Clerk. operations over the Line. and RRI have signed a letter of intent 2 [FR Doc. 2015–27052 Filed 10–22–15; 8:45 am] As a condition to this exemption, any by which MMM will acquire indirect BILLING CODE 4915–01–P employees affected by the trackage ownership of 100% of the stock of RRI. rights will be protected by the The transaction is scheduled to be conditions imposed in Norfolk & consummated on or after November 8, DEPARTMENT OF TRANSPORTATION Western Railway—Trackage Rights— 2015, the effective date of the Burlington Northern, Inc., 354 I.C.C. 605 Surface Transportation Board exemption. (1978), as modified in Mendocino Coast MMM states that: (i) The railroads do [Docket No. AB 1112X] Railway—Lease & Operate—California not connect with each other or any Western Railroad, 360 I.C.C. 653 (1980). railroad in their corporate family; (ii) Caldwell Railroad Commission— This notice is filed under 49 CFR the proposed transaction is not part of Abandonment Exemption—in Caldwell 1180.2(d)(7). If the notice contains false a series of anticipated transactions that County, NC or misleading information, the would connect the railroads with each exemption is void ab initio. Petitions to Caldwell Railroad Commission (CRC) other or any railroad in their corporate has filed an amended verified notice of revoke the exemption under 49 U.S.C. family; and (iii) the transaction does not exemption under 49 CFR pt. 1152 10502(d) may be filed at any time. The involve a Class I carrier. Therefore, the filing of a petition to revoke will not subpart F—Exempt Abandonments to transaction is exempt from the prior abandon an approximately 3.91-mile mstockstill on DSK4VPTVN1PROD with NOTICES automatically stay the effectiveness of the exemption. Petitions for stay must 1 See rail segment extending between Martin Marietta Materials, Inc.— be filed by October 30, 2015 (at least Continuance in Control Exemption—Alamo N. Tex. milepost 108.79 and milepost 112.7 in seven days before the exemption R.R., FD 34266 (STB served Dec. 13, 2002). Caldwell County, N.C. (the Line).1 The 2 An unredacted copy of the letter of intent was becomes effective). filed concurrently under seal, along with a motion 1 CRC previously filed a verified notice of An original and 10 copies of all for protective order pursuant to 49 CFR 1104.14(b). exemption that was dismissed as moot, because pleadings, referring to Docket No. FD That motion will be addressed in a separate CRC’s predecessor had obtained a 49 U.S.C. Subtitle 35962, must be filed with the Surface decision. Continued VerDate Sep<11>2014 18:05 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1

64492 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices Line traverses United States Postal public use 4 conditions under 49 CFR DEPARTMENT OF TRANSPORTATION Service Zip Code 28645. 1152.28 must be filed by November 12, CRC has certified that: (1) No freight 2015, with the Surface Transportation Office of the Secretary traffic has moved over the Line for at Board, 395 E Street SW., Washington, least two years; (2) any overhead traffic DC 20423–0001. [Docket No. DOT–OST–2015–0197] over the Line can and has been rerouted; A copy of any petition filed with the (3) no formal complaint filed by a user Privacy Act of 1974; Department of Board should be sent to CRC’s Transportation, Office of the Secretary of rail service on the Line (or by a state representative: David H. Coburn, or local government entity acting on of Transportation; DOT/ALL–18, Steptoe & Johnson LLP, 1330 International Freight Data System behalf of such user) regarding cessation Connecticut Ave. NW., Washington, DC (IFDS) of service over the Line is either 20036. pending with the Surface AGENCY: Office of the Departmental Transportation Board (Board) or with If the verified notice contains false or misleading information, the exemption Chief Information Officer, Office of the any U.S. District Court or has been Secretary of Transportation, DOT. decided in favor of complainant within is void ab initio. the two-year period; and (4) the CRC has filed environmental and ACTION: Notice of retirement of one requirements at 49 CFR 1105.7(c) historic reports that address the effects, Privacy Act system of records. (environmental report), 49 CFR 1105.11 if any, of the abandonment on the SUMMARY: In accordance with the (transmittal letter), 49 CFR 1105.12 environment and historic resources. Privacy Act of 1974, the Department of (newspaper publication), and 49 CFR OEA will issue an environmental Transportation (DOT) is giving notice 1152.50(d)(1) (notice to governmental assessment (EA) by October 30, 2015. that it will retire the following Privacy agencies) have been met. Interested persons may obtain a copy of Act system of records: DOT/ALL 18, As a condition to this exemption, any the EA by writing to OEA (Room 1100, International Freight Data System (IFDS) employee adversely affected by the Surface Transportation Board, (April 14, 2008, 73 FR 20084). The IFDS abandonment shall be protected under Washington, DC 20423–0001) or by was never implemented by the DOT and Oregon Short Line Railroad— calling OEA at (202) 245–0305. the DOT will continue to rely upon the Abandonment Portion Goshen Branch Assistance for the hearing impaired is U.S. Customs and Border Protection’s Between Firth & Ammon, in Bingham & available through the Federal Automated Commercial Environment/ Bonneville Counties, Idaho, 360 I.C.C. Information Relay Service at (800) 877– International Trade Data System for its 91 (1979). To address whether this 8339. Comments on environmental and data needs. condition adequately protects affected historic preservation matters must be DATES: This change will take effect upon employees, a petition for partial filed within 15 days after the EA publication. revocation under 49 U.S.C. 10502(d) becomes available to the public. must be filed. FOR FURTHER INFORMATION CONTACT: For Environmental, historic preservation, questions, please contact: Claire W. Provided no formal expression of public use, or interim trail use/rail Barrett, Departmental Chief Privacy intent to file an offer of financial banking conditions will be imposed, Officer, Privacy Office, Department of assistance (OFA) has been received, this where appropriate, in a subsequent Transportation, Washington, DC 20590; exemption will be effective on decision. privacy@dot.gov; or 202.527.3284. November 24, 2015, unless stayed pending reconsideration. Petitions to Pursuant to the provisions of 49 CFR SUPPLEMENTARY INFORMATION: stay that do not involve environmental 1152.29(e)(2), CRC shall file a notice of I. Background issues,2 formal expressions of intent to consummation with the Board to signify file an OFA under 49 CFR that it has exercised the authority Pursuant to the provisions of the 1152.27(c)(2),3 and interim trail use/rail granted and fully abandoned the Line. If Privacy Act of 1974, 5 U.S.C. 552a, and banking requests under 49 CFR 1152.29 consummation has not been effected by as part of its ongoing integration and must be filed by November 2, 2015. CRC’s filing of a notice of management efforts, DOT is retiring the Petitions to reopen or requests for consummation by October 23, 2016, and system of records notice, DOT/ALL 18 there are no legal or regulatory barriers International Freight Data System (IFDS) IV exemption over the relevant portion of the Line, to consummation, the authority to (April 14, 2008, 73 FR 20084), which which encompassed authority to abandon the Line. abandon will automatically expire. was intended to be an automated system Caldwell R.R. Comm’n—Aban. Exemption—in that provided participating DOT Caldwell Cty., N.C., AB 1112X (STB served May 22, Board decisions and notices are Operating Administrations with 2015). CRC subsequently obtained a partial available on our Web site at international commercial information to revocation of that Subtitle IV exemption, which WWW.STB.DOT.GOV. allows CRC to pursue abandonment authority. perform their enforcement, statistical, Caldwell R.R. Comm’n—Exemption from 49 U.S.C. Decided: October 20, 2015. analytical, modeling and policy Subtitle IV, FD 32659 (Sub-No. 2) (STB served Sept. responsibilities. The IFDS was never 8, 2015). By the Board, Rachel D. Campbell, 2 The Board will grant a stay if an informed Director, Office of Proceedings. implemented by the DOT and the DOT decision on environmental issues (whether raised will continue to rely upon DHS/CBP– Kenyatta Clay, by a party or by the Board’s Office of Environmental 001, Automated Commercial Analysis (OEA) in its independent investigation) Clearance Clerk. Environment/International Trade Data mstockstill on DSK4VPTVN1PROD with NOTICES cannot be made before the exemption’s effective [FR Doc. 2015–27142 Filed 10–22–15; 8:45 am] date. See Exemption of Out-of-Serv. Rail Lines, 5 System (January 19, 2006, 71 FR 3109) I.C.C.2d 377 (1989). Any request for a stay should BILLING CODE 4915–01–P for the collection and dissemination of be filed as soon as possible so that the Board may international commercial information. take appropriate action before the exemption’s Eliminating the system of records effective date. 3 Each OFA must be accompanied by the filing 4 CRC states that the Line may be suitable for notice DOT/ALL 18, International fee, which is currently set at $1,600. See 49 CFR other public purposes or trail use, but may be Freight Data System, will have no 1002.2(f)(25). subject to reversionary interests. adverse impacts on individuals and will VerDate Sep<11>2014 18:05 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1


Document Created: 2015-12-14 15:32:10
Document Modified: 2015-12-14 15:32:10
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 64491 
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