81 FR 29316 - BNSF Railway Company-Abandonment Exemption-in Thurston County, Wash.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 91 (May 11, 2016)

Page Range		29316-29317
FR Document		2016-11132
Federal Register, Volume 81 Issue 91 (Wednesday, May 11, 2016)
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29316-29317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11132]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 6 (Sub-No. 492X)]


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

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon 1.43 miles of rail line between milepost 14.57 and milepost 
16.0 in Belmore, Thurston County, Wash. (the Line).\1\ The Line 
traverses United States Postal Service Zip Code 98512.
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    \1\ The Line is a portion of a 10.2-mile line of railroad 
currently being leased to the City of Tacoma, Department of Public 
Utilities, Beltline Division, d/b/a Tacoma Rail or Tacoma Municipal 
Beltline or TMBL (TMBL). See City of Tacoma, Dep't of Pub. Utils., 
Beltline Div. d/b/a Tacoma Rail or Tacoma Mun. Beltline or TMBL--
Acquisition & Operation Exemption--Lakeview Subdivision, Quadlok-St. 
Clair & Belmore--Olympia Rail Lines in Pierce & Thurston Ctys., 
Wash., FD 34555 (STB served Oct. 19, 2004). In the verified notice, 
BNSF states that TMBL will be filing for discontinuance of the Line.
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    BNSF has certified that: (1) No local traffic has moved over the 
Line since prior to 2005; (2) no overhead traffic has moved over the 
Line since prior to 2005; (3) no formal complaint filed by a user of 
rail service on the Line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board (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 June 10, 2016, unless stayed pending reconsideration.\2\ 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by May 20, 2016. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 31, 2016, with the 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001.
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    \2\ Although the exemption is scheduled to become effective on 
June 10, 2016, the transaction cannot be consummated by BNSF until 
TMBL obtains discontinuance authority.
    \3\ 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.
    \4\ 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 St. NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF 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 May 16, 2016. 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

[[Page 29317]]

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 May 11, 2017, 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: May 6, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-11132 Filed 5-10-16; 8:45 am]
BILLING CODE 4915-01-P
29316 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices

operator of the Dos Laredos Pipeline of Public Diplomacy and Public Affairs Abandonment Portion Goshen Branch
crossing the international boundary; and in the Office of the Legal Adviser, U.S. Between Firth & Ammon, in Bingham &
(2) permits the transportation in either Department of State (telephone: 202– Bonneville Counties, Idaho, 360 I.C.C.
direction across the international border 632–6471; email: section2459@ 91 (1979). To address whether this
of a broader range of products. The 2003 state.gov). The mailing address is U.S. condition adequately protects affected
Presidential Permit only allows Department of State, L/PD, SA–5, Suite employees, a petition for partial
shipment of liquefied petroleum gas 5H03, Washington, DC 20522–0505. revocation under 49 U.S.C. 10502(d)
(LPG). NuStar is seeking to transport Dated: May 3, 2016. must be filed.
other specifically defined petroleum Provided no formal expression of
Mark Taplin,
products, including diesel. intent to file an offer of financial
As part of its consideration of Nustar’s Deputy Assistant Secretary for Policy, Bureau assistance (OFA) has been received, this
of Educational and Cultural Affairs,
2013 application, the Department exemption will be effective on June 10,
Department of State.
prepared a SEA that supplements the 2016, unless stayed pending
[FR Doc. 2016–11100 Filed 5–10–16; 8:45 am]
Department’s EA prepared in reconsideration.2 Petitions to stay that
BILLING CODE 4710–05–P do not involve environmental issues,3
connection with the Valero Logistics
Operations, L.P.’s 2003 Presidential formal expressions of intent to file an
Permit application to transport LPG OFA under 49 CFR 1152.27(c)(2),4 and
across the United States-Mexico border SURFACE TRANSPORTATION BOARD interim trail use/rail banking requests
at Webb County, Texas. under 49 CFR 1152.29 must be filed by
[Docket No. AB 6 (Sub-No. 492X)]
May 20, 2016. Petitions to reopen or
Deborah Klepp, requests for public use conditions under
Director, Office of Environmental Quality and
BNSF Railway Company—
Abandonment Exemption—in Thurston 49 CFR 1152.28 must be filed by May
Transboundary Issues, Department of State. 31, 2016, with the Surface
[FR Doc. 2016–11101 Filed 5–10–16; 8:45 am]
County, Wash.
Transportation Board, 395 E Street SW.,
BILLING CODE 4710–09–P BNSF Railway Company (BNSF) has Washington, DC 20423–0001.
filed a verified notice of exemption A copy of any petition filed with the
under 49 CFR part 1152 subpart F— Board should be sent to applicant’s
DEPARTMENT OF STATE Exempt Abandonments to abandon 1.43 representative: Karl Morell, Karl Morell
[Public Notice: 9555] miles of rail line between milepost & Associates, 655 Fifteenth St. NW.,
14.57 and milepost 16.0 in Belmore, Suite 225, Washington, DC 20005.
Culturally Significant Objects Imported Thurston County, Wash. (the Line).1 If the verified notice contains false or
for Exhibition Determinations: The Line traverses United States Postal misleading information, the exemption
‘‘Rembrandt’s First Masterpiece’’ Service Zip Code 98512. is void ab initio.
Exhibition BNSF has certified that: (1) No local BNSF has filed a combined
traffic has moved over the Line since environmental and historic report that
SUMMARY: Notice is hereby given of the addresses the effects, if any, of the
following determinations: Pursuant to prior to 2005; (2) no overhead traffic has
moved over the Line since prior to 2005; abandonment on the environment and
the authority vested in me by the Act of historic resources. OEA will issue an
October 19, 1965 (79 Stat. 985; 22 U.S.C. (3) no formal complaint filed by a user
of rail service on the Line (or by a state environmental assessment (EA) by May
2459), E.O. 12047 of March 27, 1978, the 16, 2016. Interested persons may obtain
Foreign Affairs Reform and or local government entity acting on
behalf of such user) regarding cessation a copy of the EA by writing to OEA
Restructuring Act of 1998 (112 Stat. (Room 1100, Surface Transportation
2681, et seq.; 22 U.S.C. 6501 note, et of service over the Line either is
pending with the Surface Board, Washington, DC 20423–0001) or
seq.), Delegation of Authority No. 234 of by calling OEA at (202) 245–0305.
October 1, 1999, Delegation of Authority Transportation Board (Board) or with
any U.S. District Court or has been Assistance for the hearing impaired is
No. 236–3 of August 28, 2000 (and, as available through the Federal
appropriate, Delegation of Authority No. decided in favor of a complainant
within the two-year period; and (4) the Information Relay Service (FIRS) at
257–1 of December 11, 2015), I hereby (800) 877–8339. Comments on
determine that the objects to be requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11 environmental and historic preservation
included in the exhibition ‘‘Rembrandt’s matters must be filed within 15 days
First Masterpiece,’’ imported from (transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR after the EA becomes available to the
abroad for temporary exhibition within public.
the United States, are of cultural 1152.50(d)(1) (notice to governmental
agencies) have been met. Environmental, historic preservation,
significance. The objects are imported public use, or trail use/rail banking
pursuant to loan agreements with the As a condition to this exemption, any
foreign owners or custodians. I also employee adversely affected by the 2 Although the exemption is scheduled to become

determine that the exhibition or display abandonment shall be protected under effective on June 10, 2016, the transaction cannot
of the exhibit objects at The Morgan Oregon Short Line Railroad— be consummated by BNSF until TMBL obtains
discontinuance authority.
Library & Museum, New York, New 1 The Line is a portion of a 10.2-mile line of 3 The Board will grant a stay if an informed
York, from on or about June 3, 2016, railroad currently being leased to the City of decision on environmental issues (whether raised
until on or about September 18, 2016, Tacoma, Department of Public Utilities, Beltline by a party or by the Board’s Office of Environmental
and at possible additional exhibitions or Division, d/b/a Tacoma Rail or Tacoma Municipal Analysis (OEA) in its independent investigation)
mstockstill on DSK3G9T082PROD with NOTICES

Beltline or TMBL (TMBL). See City of Tacoma, cannot be made before the exemption’s effective
venues yet to be determined, is in the date. See Exemption of Out-of-Serv. Rail Lines, 5
Dep’t of Pub. Utils., Beltline Div. d/b/a Tacoma Rail
national interest. I have ordered that or Tacoma Mun. Beltline or TMBL—Acquisition & I.C.C. 2d 377 (1989). Any request for a stay should
Public Notice of these Determinations Operation Exemption—Lakeview Subdivision, be filed as soon as possible so that the Board may
be published in the Federal Register. Quadlok-St. Clair & Belmore—Olympia Rail Lines take appropriate action before the exemption’s
in Pierce & Thurston Ctys., Wash., FD 34555 (STB effective date.
FOR FURTHER INFORMATION CONTACT: For
served Oct. 19, 2004). In the verified notice, BNSF 4 Each OFA must be accompanied by the filing
further information, including a list of states that TMBL will be filing for discontinuance fee, which is currently set at $1,600. See 49 CFR
the imported objects, contact the Office of the Line. 1002.2(f)(25).

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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices 29317

conditions will be imposed, where Shumaker, Loop & Kendrick, LLP, 101 numbers, and fax numbers related to
appropriate, in a subsequent decision. S. Treyon Street, Suite 2200, Charlotte, MY Bus.
Pursuant to the provisions of 49 CFR NC 28280. Rose states that the purchase of assets
1152.29(e)(2), BNSF shall file a notice of only does not necessarily trigger Board
FOR FURTHER INFORMATION CONTACT:
consummation with the Board to signify jurisdiction, but it argues that the Board
that it has exercised the authority Jonathon Binet (202) 245–0368. Federal has jurisdiction here given that there is
granted and fully abandoned the line. If Information Relay Service (FIRS) for the significant preservation of the identity
consummation has not been effected by hearing impaired: 1–800–877–8339. of Cherry’s MY Bus division. We agree.
filing of a notice of consummation by SUPPLEMENTARY INFORMATION: Rose, a See Cowan Transp., Inc.—Purchase
May 11, 2017, and there are no legal or North Carolina corporation, holds Exemption—Bowman Int’l Domestic
regulatory barriers to consummation, authority from the Federal Motor Carrier Transp., Inc., Docket No. MCF 20144 et
the authority to abandon will Safety Administration (FMCSA) as a al. (ICC served Dec. 30, 1993) (agency
automatically expire. motor carrier providing chauffeur and authority exists where there is
Board decisions and notices are charter bus transportation services to preservation of the corporate identity of
available on our Web site at the public in the states of North the selling carrier coupled with the
‘‘WWW.STB.DOT.GOV.’’ Carolina and South Carolina (MC– agreement that the selling carrier will
Decided: May 6, 2016. 323248). Rose states that it is privately cease competitive operations).2
By the Board, Rachel D. Campbell, held and owned and managed by its Under 49 U.S.C. 14303(b), the Board
Director, Office of Proceedings. president, H.A. Thompson, a resident of must approve and authorize a
Jeffrey Herzig, North Carolina. According to Rose, it transaction that it finds consistent with
created Rose Charters, LLC (RC), a non- the public interest, taking into
Clearance Clerk.
carrier holding company, for the consideration at least: (1) The effect of
[FR Doc. 2016–11132 Filed 5–10–16; 8:45 am]
purpose of consummating the the proposed transaction on the
BILLING CODE 4915–01–P
transaction between Rose and Cherry. adequacy of transportation to the public;
Rose states that RC, which is managed (2) the total fixed charges that result;
by H.A. Thompson, does not have any and (3) the interest of affected carrier
DEPARTMENT OF TRANSPORTATION
operating assets or interstate motor employees. Rose submitted information,
Surface Transportation Board carrier authority. as required by 49 CFR 1182.2, including
information to demonstrate that the
[Docket No. MCF 21066] Rose further states that Cherry, a
proposed transaction is consistent with
North Carolina corporation, provides
the public interest under 49 U.S.C.
Rose Chauffeured Transportation, consultation services related to
14303(b), and a statement that the
LTD—Acquisition of Control—My Bus interstate and intrastate transportation.
aggregate gross operating revenues of
Division of Cherry Consulting of the According to Rose, Cherry’s MY Bus
Rose and Cherry exceeded $2 million
Carolinas, Inc. division owned two buses that it used
for the preceding 12-month period. See
to provide passenger services to
AGENCY: Surface Transportation Board. 49 U.S.C. 14303(g).
churches in and around Charlotte, N.C.
ACTION:Notice tentatively approving Rose submits that the proposed
Rose states that the MY Bus division
and authorizing finance transaction. transaction would have no significant
also possessed a Department of Defense
impact on the adequacy of
(DOD) identification code, which
SUMMARY: On April 11, 2016, Rose transportation services to the public.
allowed it to bid on DOD contracts.
Chauffeured Transportation, Ltd. (Rose), Rose states that it will be able to bid on
Cherry also holds authority from the
a noncarrier, filed an application under and perform DOD contracts that Cherry
FMCSA as a motor carrier (MC–364041).
49 U.S.C. 14303 so that it can obtain did not have the resources to handle. In
Rose states that, since entering into the
approval for its acquisition of common fact, Rose anticipates improved public
APA, Cherry has ceased its activities as
control of the MY Bus division of service because Cherry had not bid on
a motor carrier and, thus, does not
Cherry Consulting of the Carolinas, Inc. or received any DOD contracts in the
compete with Rose.
(Cherry) pursuant to a July 21, 2015, years prior to the transaction, and Rose
Asset Purchase Agreement (APA) Rose seeks Board authority for its has bid on and performed several DOD
between the parties. The Board is acquisition of certain of Cherry’s assets contracts since the transaction ‘‘to the
tentatively approving and authorizing pursuant to the APA, which, as noted, full satisfaction of all parties.’’ (Appl. 7.)
the transaction, and, if no opposing was dated July 21, 2015.1 Specifically, Rose asserts there are no fixed charges
comments are timely filed, this notice Rose states that it acquired: (1) Two associated with the transaction or the
will be the final Board action. Persons buses; (2) DOT registration number proposed acquisition of control. Rose
wishing to oppose the application must 822939; (3) FMCSA license MD–364041; also states that it does not anticipate a
follow the rules at 49 CFR 1182.5 and (4) DOD identification code MYAJ; (5) measurable reduction in force or
1182.8. the ‘‘MY Bus’’ name and all other changes in compensation and benefits,
DATES: Comments must be filed by June common law intellectual property rights
27, 2016. Rose may file a reply by July related to MY Bus; (6) the email address 2 We also note that, according to Rose, Cherry

11, 2016. If no comments are filed by ‘‘info@mybusinc.com’’; and (7) the Web ‘‘operated a largely intrastate point-to-point and
site addresses, domains, telephone special party passenger service to local
June 27, 2016, this notice shall be churchgoers,’’ but it also had interstate operations
effective on June 28, 2016. due to ‘‘its location in Charlotte, North Carolina,
mstockstill on DSK3G9T082PROD with NOTICES

1 Rose states that, at the time they entered into the being a few miles away from the South Carolina
ADDRESSES: Send an original and 10
APA, none of the parties were aware of the Board’s border, and the fact that several churchgoers in
copies of any comments referring to jurisdiction over the transaction. Rose now seeks Charlotte lived over the state border in South
Docket No. MCF 21066 to: Surface retroactive, or nunc pro tunc, approval of the Carolina.’’ (Appl. 8) See 49 U.S.C. 13501 (the Board
Transportation Board, 395 E Street SW., transaction. The Board will tentatively approve and has jurisdiction ‘‘over transportation by motor
authorize the transaction, but only as of the date of carrier and the procurement of that transportation,
Washington, DC 20423–0001. In service of this decision, and not retroactively. to the extent that passengers, property, or both, are
addition, send one copy of comments to Absent any comments, this notice shall be effective transported by motor carrier . . . between a place
Rose’s representative: Robert Norris, on June 28, 2016. in . . . a State and a place in another State.’’).

VerDate Sep<11>2014 18:25 May 10, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1
Document Created: 2016-05-11 01:12:11
Document Modified: 2016-05-11 01:12:11
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		81 FR 29316