80_FR_73006 80 FR 72782 - Union Pacific Railroad Company-Abandonment of Freight Easement-in Adams County, Colo.

80 FR 72782 - Union Pacific Railroad Company-Abandonment of Freight Easement-in Adams County, Colo.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range72782-72783
FR Document2015-29668

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72782-72783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29668]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 323X)]


Union Pacific Railroad Company--Abandonment of Freight Easement--
in Adams County, Colo.

    On November 2, 2015, Union Pacific Railroad Company (UP) filed with 
the Surface Transportation Board (Board) a petition under 49 U.S.C. 
10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon 
an 8.57-mile freight rail operating easement over a portion of the 
Boulder Industrial Lead (Lead) extending from milepost 0.70 near 
Commerce City, Colo., to milepost 9.27 near Eastlake, Colo. (the Line), 
in Adams County, Colo. The Line traverses U.S. Postal Service Zip Codes 
80022, 80640, 80229, 80233, and 80241.
    According to UP, in June 2009, it sold the entire 32.97-mile Lead, 
right-of-way, trackage, and structures, including all bridges, from 
milepost 0.20 near Commerce City to milepost 33.17 near Valmont, to the 
Denver Regional Transportation District (RTD), a political subdivision 
of the State of Colorado. Reg'l Transp. Dist.--Acquis. Exemption--Union 
Pac. R.R. in Adams, Boulder, Broomfield, & Weld, Colo., FD 35252 (STB 
served June 29, 2010). UP retained an exclusive, perpetual freight 
easement over the entire Lead. UP states that following abandonment, 
the Line would continue to be owned by RTD and would be rebuilt for 
inclusion in RTD's integrated mass transit system known as FasTracks. 
UP points out that this is the same transit use as is planned for the 
western portion of the Lead, which was the subject matter of Union 
Pacific Railroad Co.--Abandonment Exemption--in Adams, Weld, & Boulder 
Counties, Colo., Docket No. AB 33 (Sub-No. 307X) (STB served Oct. 23, 
2012). Following consummation of the proposed abandonment, UP would 
retain its freight easement from milepost 0.20 to milepost 0.70 of the 
Lead.
    According to UP, only one customer located on the Line, Atlas 
Roofing Corporation (Atlas), has moved traffic over the Line within the 
past two years. The last Atlas shipment moved over the Line in February 
2015. UP states that RTD, Atlas, and Leroy Industries LLC (Leroy) (the 
owner of the facility Atlas leases for its operations) have entered 
into an agreement covering alternative transportation arrangements for 
service off the Line. UP states that it does not anticipate any need 
for future rail service on the Line to Atlas, Leroy, or any other 
potential customer and that the proposed abandonment will have no 
adverse effect on any shippers. UP notes that, in the agreement, Atlas 
and Leroy state that they do not object to and are willing to support 
the proposed abandonment.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
UP seeks an exemption from 49 U.S.C. 10904 (offer of financial 
assistance (OFA) procedures) and 49 U.S.C. 10905 (public use 
conditions) for reasons of overriding public need. In support, UP 
states that the right-of-way is needed for a valid public purpose by 
RTD for public passenger transportation purposes, and there is no other 
overriding public need for continued freight rail service on the 
Line.\1\ UP adds that the area the Lead served has shifted away from 
rail-oriented industries, and as a consequence, no new shippers are 
expected to locate on the Line. The request for exemption from Sec.  
10904 and Sec.  10905 will be addressed in the final decision.
---------------------------------------------------------------------------

    \1\ According to UP, a transit line will use the former right-
of-way from milepost 1.15 to milepost 9.27.
---------------------------------------------------------------------------

    According to UP, the Line does not contain federally granted 
rights-of-way. Any documentation in UP's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by February 19, 2016.
    Any OFA under 49 CFR 1152.27(b)(2) will be due by February 29, 
2016, or 10 days after service of a decision granting the petition for 
exemption, whichever occurs first. Each OFA must be accompanied by a 
$1,600 filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment, 
the Line may be suitable for other public use, including interim trail 
use. Any request for a public use condition under 49 CFR 1152.28 or for 
trail use/rail banking under 49 CFR 1152.29 will be due no later than 
December 10, 2015. Each trail use request must be accompanied by a $300 
filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
33 (Sub-No. 323X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Mack H. 
Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606. Replies to the petition are due on or before 
December 10, 2015.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs and Compliance at (202) 245-0238 or refer to the 
full abandonment regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Office of 
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: November 17, 2015.


[[Page 72783]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-29668 Filed 11-19-15; 8:45 am]
BILLING CODE 4915-01-P



                                              72782                       Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices

                                                The agenda for this meeting will be as                and would be rebuilt for inclusion in                 Bonneville Counties, Idaho, 360 I.C.C.
                                              follows: Opening Remarks;                               RTD’s integrated mass transit system                  91 (1979).
                                              Consideration of Minutes of Past                        known as FasTracks. UP points out that                   By issuing this notice, the Board is
                                              Meeting; Quarterly Report; Old and New                  this is the same transit use as is planned            instituting an exemption proceeding
                                              Business; Closing Discussion;                           for the western portion of the Lead,                  pursuant to 49 U.S.C. 10502(b). A final
                                              Adjournment.                                            which was the subject matter of Union                 decision will be issued by February 19,
                                                Attendance at the meeting is open to                  Pacific Railroad Co.—Abandonment                      2016.
                                              the interested public but limited to the                Exemption—in Adams, Weld, & Boulder                      Any OFA under 49 CFR 1152.27(b)(2)
                                              space available. With the approval of                   Counties, Colo., Docket No. AB 33 (Sub-               will be due by February 29, 2016, or 10
                                              the Administrator, members of the                       No. 307X) (STB served Oct. 23, 2012).                 days after service of a decision granting
                                              public may present oral statements at                   Following consummation of the                         the petition for exemption, whichever
                                              the meeting. Persons wishing further                    proposed abandonment, UP would                        occurs first. Each OFA must be
                                              information should contact, not later                   retain its freight easement from milepost             accompanied by a $1,600 filing fee. See
                                              than Thursday, December 10, 2015,                       0.20 to milepost 0.70 of the Lead.                    49 CFR 1002.2(f)(25).
                                              Carrie Lavigne, Chief Counsel, Saint                       According to UP, only one customer
                                                                                                                                                               All interested persons should be
                                              Lawrence Seaway Development                             located on the Line, Atlas Roofing
                                                                                                                                                            aware that, following abandonment, the
                                              Corporation, 180 Andrews Street,                        Corporation (Atlas), has moved traffic
                                                                                                                                                            Line may be suitable for other public
                                              Massena, NY 13662; 315–764–3231.                        over the Line within the past two years.
                                                                                                                                                            use, including interim trail use. Any
                                                Any member of the public may                          The last Atlas shipment moved over the
                                                                                                                                                            request for a public use condition under
                                              present a written statement to the                      Line in February 2015. UP states that
                                                                                                                                                            49 CFR 1152.28 or for trail use/rail
                                              Advisory Board at any time.                             RTD, Atlas, and Leroy Industries LLC
                                                                                                                                                            banking under 49 CFR 1152.29 will be
                                                Issued at Washington, DC, on November
                                                                                                      (Leroy) (the owner of the facility Atlas
                                                                                                                                                            due no later than December 10, 2015.
                                              17, 2015.                                               leases for its operations) have entered
                                                                                                                                                            Each trail use request must be
                                              Carrie Lavigne,
                                                                                                      into an agreement covering alternative
                                                                                                                                                            accompanied by a $300 filing fee. See 49
                                                                                                      transportation arrangements for service
                                              Chief Counsel.                                                                                                CFR 1002.2(f)(27).
                                                                                                      off the Line. UP states that it does not
                                              [FR Doc. 2015–29667 Filed 11–19–15; 8:45 am]
                                                                                                      anticipate any need for future rail                      All filings in response to this notice
                                              BILLING CODE 4910–61–P                                  service on the Line to Atlas, Leroy, or               must refer to Docket No. AB 33 (Sub-No.
                                                                                                      any other potential customer and that                 323X) and must be sent to: (1) Surface
                                                                                                      the proposed abandonment will have no                 Transportation Board, 395 E Street SW.,
                                              DEPARTMENT OF TRANSPORTATION                                                                                  Washington, DC 20423–0001; and (2)
                                                                                                      adverse effect on any shippers. UP notes
                                                                                                      that, in the agreement, Atlas and Leroy               Mack H. Shumate, Jr., Senior General
                                              Surface Transportation Board                                                                                  Attorney, 101 North Wacker Drive,
                                                                                                      state that they do not object to and are
                                              [Docket No. AB 33 (Sub-No. 323X)]                       willing to support the proposed                       Room 1920, Chicago, IL 60606. Replies
                                                                                                      abandonment.                                          to the petition are due on or before
                                              Union Pacific Railroad Company—                            In addition to an exemption from the               December 10, 2015.
                                              Abandonment of Freight Easement—in                      provisions of 49 U.S.C. 10903, UP seeks                  Persons seeking further information
                                              Adams County, Colo.                                     an exemption from 49 U.S.C. 10904                     concerning abandonment procedures
                                                                                                      (offer of financial assistance (OFA)                  may contact the Board’s Office of Public
                                                 On November 2, 2015, Union Pacific                                                                         Assistance, Governmental Affairs and
                                              Railroad Company (UP) filed with the                    procedures) and 49 U.S.C. 10905 (public
                                                                                                      use conditions) for reasons of overriding             Compliance at (202) 245–0238 or refer
                                              Surface Transportation Board (Board) a                                                                        to the full abandonment regulations at
                                              petition under 49 U.S.C. 10502 for                      public need. In support, UP states that
                                                                                                      the right-of-way is needed for a valid                49 CFR part 1152. Questions concerning
                                              exemption from the provisions of 49                                                                           environmental issues may be directed to
                                              U.S.C. 10903 to abandon an 8.57-mile                    public purpose by RTD for public
                                                                                                      passenger transportation purposes, and                the Board’s Office of Environmental
                                              freight rail operating easement over a                                                                        Analysis (OEA) at (202) 245–0305.
                                              portion of the Boulder Industrial Lead                  there is no other overriding public need
                                                                                                      for continued freight rail service on the             Assistance for the hearing impaired is
                                              (Lead) extending from milepost 0.70                                                                           available through the Federal
                                              near Commerce City, Colo., to milepost                  Line.1 UP adds that the area the Lead
                                                                                                      served has shifted away from rail-                    Information Relay Service at 1–800–
                                              9.27 near Eastlake, Colo. (the Line), in                                                                      877–8339.
                                              Adams County, Colo. The Line traverses                  oriented industries, and as a
                                              U.S. Postal Service Zip Codes 80022,                    consequence, no new shippers are                         An environmental assessment (EA) (or
                                              80640, 80229, 80233, and 80241.                         expected to locate on the Line. The                   environmental impact statement (EIS), if
                                                 According to UP, in June 2009, it sold               request for exemption from § 10904 and                necessary) prepared by OEA will be
                                              the entire 32.97-mile Lead, right-of-way,               § 10905 will be addressed in the final                served upon all parties of record and
                                              trackage, and structures, including all                 decision.                                             upon any other agencies or persons who
                                                                                                         According to UP, the Line does not                 comment during its preparation. Other
                                              bridges, from milepost 0.20 near
                                                                                                      contain federally granted rights-of-way.              interested persons may contact OEA to
                                              Commerce City to milepost 33.17 near
                                                                                                      Any documentation in UP’s possession                  obtain a copy of the EA (or EIS). EAs in
                                              Valmont, to the Denver Regional
                                                                                                      will be made available promptly to                    abandonment proceedings normally will
                                              Transportation District (RTD), a political
                                                                                                      those requesting it.                                  be made available within 60 days of the
                                              subdivision of the State of Colorado.
                                                                                                         The interest of railroad employees                 filing of the petition. The deadline for
                                              Reg’l Transp. Dist.—Acquis.
                                                                                                      will be protected by the conditions set               submission of comments on the EA
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Exemption—Union Pac. R.R. in Adams,
                                                                                                      forth in Oregon Short Line Railroad—                  generally will be within 30 days of its
                                              Boulder, Broomfield, & Weld, Colo., FD
                                                                                                      Abandonment Portion Goshen Branch                     service.
                                              35252 (STB served June 29, 2010). UP
                                                                                                      Between Firth & Ammon, In Bingham &                      Board decisions and notices are
                                              retained an exclusive, perpetual freight
                                              easement over the entire Lead. UP states                                                                      available on our Web site at
                                                                                                        1 According to UP, a transit line will use the
                                              that following abandonment, the Line                                                                          WWW.STB.DOT.GOV.
                                                                                                      former right-of-way from milepost 1.15 to milepost
                                              would continue to be owned by RTD                       9.27.                                                   Decided: November 17, 2015.



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                                                                          Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices                                                     72783

                                                By the Board, Rachel D. Campbell,                     Connecticut Ave. NW., Suite 717,                      7th Street SW., Washington, DC 20219.
                                              Director, Office of Proceedings.                        Washington, DC 20036.                                 For security reasons, the OCC requires
                                              Brendetta S. Jones,                                       Board decisions and notices are                     that visitors make an appointment to
                                              Clearance Clerk.                                        available on our Web site at                          inspect comments. You may do so by
                                              [FR Doc. 2015–29668 Filed 11–19–15; 8:45 am]            WWW.STB.DOT.GOV.                                      calling (202) 649–6700 or, for persons
                                              BILLING CODE 4915–01–P                                    Decided: November 17, 2015.                         who are deaf or hard of hearing, TTY,
                                                                                                        By the Board, Rachel D. Campbell,                   (202) 649–5597. Upon arrival, visitors
                                                                                                      Director, Office of Proceedings.                      will be required to present valid
                                              DEPARTMENT OF TRANSPORTATION                            Kenyatta Clay,                                        government-issued photo identification
                                                                                                                                                            and submit to security screening in
                                              Surface Transportation Board                            Clearance Clerk.
                                                                                                                                                            order to inspect and photocopy
                                                                                                      [FR Doc. 2015–29671 Filed 11–19–15; 8:45 am]
                                                                                                                                                            comments.
                                              [Docket No. FD 35969]                                   BILLING CODE 4915–01–P                                   Comments received, including
                                                                                                                                                            attachments and other supporting
                                              Motive Rail, Inc. d/b/a Missouri North                                                                        materials, are part of the public record
                                              Central Railroad—Lease and Operation                    DEPARTMENT OF THE TREASURY                            and subject to public disclosure. Do not
                                              Exemption—Illinois Central Railroad                                                                           include any information in your
                                              Company                                                 Office of the Comptroller of the                      comment or supporting materials that
                                                                                                      Currency                                              you consider confidential or
                                                 Motive Rail, Inc. d/b/a Missouri North
                                              Central Railroad (MNCR), a Class III rail                                                                     inappropriate for public disclosure.
                                                                                                      Agency Information Collection
                                              carrier, has filed a verified notice of                 Activities: Information Collection                    FOR FURTHER INFORMATION CONTACT:
                                              exemption under 49 CFR 1150.41 to                       Renewal; Request for Comment;                         Shaquita Merritt, Clearance Officer,
                                              lease from Illinois Central Railroad                    Identity Theft Red Flags and Address                  (202) 649–5490 or, for persons who are
                                              Company (ICRR),1 and to operate                         Discrepancies Under the Fair and                      deaf or hard of hearing, TTY, (202) 649–
                                              approximately 1.6 miles of rail line (the               Accurate Credit Transactions Act of                   5597, Legislative and Regulatory
                                              Line), known as the CN Eldorado                         2003                                                  Activities Division, Office of the
                                              Subdivision, between mileposts 110.9                                                                          Comptroller of the Currency, 400 7th
                                              and 112.5 in Galatia, Ill.                              AGENCY: Office of the Comptroller of the              Street SW., Washington, DC 20219.
                                                 MNCR currently holds authority to                    Currency, Treasury (OCC).                             SUPPLEMENTARY INFORMATION: Under the
                                              operate approximately 7.75 miles of rail                ACTION: Notice and request for comment.               PRA (44 U.S.C. 3501–3520), Federal
                                              line in northern Missouri and a terminal                                                                      agencies must obtain approval from
                                                                                                      SUMMARY:   The OCC, as part of its                    OMB for each collection of information
                                              switching operation on Michigan’s
                                                                                                      continuing effort to reduce paperwork                 they conduct or sponsor. ‘‘Collection of
                                              Upper Peninsula. The purpose of this
                                                                                                      and respondent burden, invites the                    information’’ is defined in 44 U.S.C.
                                              transaction is to allow MNCR to provide
                                                                                                      general public and other Federal                      3502(3) and 5 CFR 1320.3(c) to include
                                              switching services for American Coal,
                                                                                                      agencies to take this opportunity to                  agency requests and requirements that
                                              the principal shipper in Galatia.
                                                                                                      comment on a continuing information                   members of the public submit reports,
                                                 The transaction may be consummated
                                                                                                      collection, as required by the Paperwork              keep records, or provide information to
                                              on or after December 6, 2015, the
                                                                                                      Reduction Act of 1995.                                a third party. Section 3506(c)(2)(A) of
                                              effective date of the exemption (30 days                  An agency may not conduct or
                                              after the verified notice of exemption                                                                        the PRA (44 U.S.C. 3506(c)(2)(A))
                                                                                                      sponsor, and a respondent is not                      requires Federal agencies to provide a
                                              was filed).                                             required to respond to, an information
                                                 MNCR certifies that its projected                                                                          60-day notice in the Federal Register
                                                                                                      collection unless it displays a currently             concerning each proposed collection of
                                              annual revenues as a result of this                     valid OMB control number.
                                              transaction will not exceed $5 million                                                                        information, including each proposed
                                                                                                        The OCC is soliciting comment
                                              or result in the creation of a Class II or                                                                    extension of an existing collection of
                                                                                                      concerning the renewal of its
                                              Class I rail carrier.                                                                                         information, before submitting the
                                                                                                      information collection titled, ‘‘Identity
                                                 If the verified notice contains false or                                                                   collection to OMB for approval. To
                                                                                                      Theft Red Flags and Address
                                              misleading information, the exemption                                                                         comply with this requirement, the OCC
                                                                                                      Discrepancies under the Fair and
                                              is void ab initio. Petitions to revoke the                                                                    is publishing notice of the proposed
                                                                                                      Accurate Credit Transactions Act of
                                              exemption under 49 U.S.C. 10502(d)                                                                            extension of this collection of
                                                                                                      2003.’’
                                              may be filed at any time. The filing of                                                                       information.
                                              a petition to revoke will not                           DATES:  Comments must be received by                     Title: Identity Theft Red Flags and
                                              automatically stay the effectiveness of                 January 19, 2016.                                     Address Discrepancies under the Fair
                                              the exemption. Petitions for stay must                  ADDRESSES: Because paper mail in the                  and Accurate Credit Transactions Act of
                                              be filed no later than November 27,                     Washington, DC area and at the OCC is                 2003.
                                              2015 (at least seven days before the                    subject to delay, commenters are                         OMB Control No.: 1557–0237.
                                              exemption becomes effective).                           encouraged to submit comments by                         Description: Section 114 of the FACT
                                                 An original and ten copies of all                    email, if possible. Comments may be                   Act amended section 615 of the Fair
                                              pleadings, referring to Docket No. FD                   sent to: Legislative and Regulatory                   Credit Reporting Act (FCRA) to require
                                              35969, must be filed with the Surface                   Activities Division, Office of the                    the Agencies 1 to issue jointly:
                                              Transportation Board, 395 E Street SW.,                 Comptroller of the Currency, Attention:                 1 Section 114 required the guidelines and
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Washington, DC 20423–0001. In                           1557–0237, 400 7th Street SW., Suite                  regulations to be issued jointly by the Federal
                                              addition, one copy of each pleading                     3E–218, Mail Stop 9W–11, Washington,                  banking agencies (OCC, Board of Governors of the
                                              must be served on John D. Heffner,                      DC 20219. In addition, comments may                   Federal Reserve System, and Federal Deposit
                                              Strasburger & Price, LLP, 1025                          be sent by fax to (571) 465–4326 or by                Insurance Corporation), the National Credit Union
                                                                                                                                                            Administration, and the Federal Trade Commission.
                                                                                                      electronic mail to prainfo@occ.treas.gov.             Therefore, for purposes of this filing, ‘‘Agencies’’
                                                1 ICRR is a subsidiary of Canadian National           You may personally inspect and                        refers to these entities. Note that Section 1088(a)(8)
                                              Railway Company.                                        photocopy comments at the OCC, 400                                                                Continued




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Document Created: 2015-12-14 13:58:45
Document Modified: 2015-12-14 13:58:45
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 72782 

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