81 FR 46153 - Kanawha River Railroad, LLC-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range		46153-46154
FR Document		2016-16796
Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46153-46154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16796]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36028]


Kanawha River Railroad, LLC--Lease Exemption Containing 
Interchange Commitment--Norfolk Southern Railway Company

    Kanawha River Railroad, LLC (KNWA), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to lease and operate 
nine rail segments totaling 308.85 miles from Norfolk Southern Railway 
Company (NSR). These line segments run (1) between mileposts V 382.0 at 
Maben, W. Va., and V 435.0 at DB (Deepwater Bridge), W. Va.; (2) 
between milepost RR 7.0 at Refugee, Ohio, and milepost RR 116.5 at 
Hobson Yard, Ohio; (3) between milepost WV 125.6 at Conco, Ohio and 
milepost WV 253.4 at Cornelia, W. Va.; (4) between milepost VC 0.0 at 
Vaco Junction, W. Va., and milepost VC 0.84 at Deepwater W. Va.; (5) 
between Hitop RT at milepost TP 0.0 at Charleston, W. Va., and the end 
of the track at milepost TP 1.0; (6) between Jones IT at milepost JT 
0.0 at Jones, W. Va., and the end of the track at milepost JT 1.3; (7) 
between milepost VG 0.0 at Virwest, W. Va., and milepost VG 12.1 at 
Bolt, W. Va., (8) between milepost MY 0.0 at Milam, W. Va., and the end 
of the track at MY 1.01; and (9) between milepost PE 0.0 at Putt, W. 
Va., and milepost PE 2.3 at Putt End Branch, W. Va.\1\
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    \1\ The notice of exemption was initially filed on June 28, 
2016, but was resubmitted with corrections on July 1, 2016. 
Therefore July 1, 2016, is the official filing date and the basis 
for all dates in this notice.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Watco Holdings, Inc.--Continuance in Control 
Exemption--Kanawha River Railroad LLC, Docket No. FD 36029, wherein 
Watco Holdings, Inc. seeks Board authority to continue in control of 
KNWA upon KNWA's becoming a Class III rail carrier.
    KNWA plans to lease and increase operations on the subject rail 
lines in Ohio and West Virginia (189 miles of the subject lines are in 
active service; the remainder of the track is idled or has been taken 
out of service by NSR).\2\ KNWA intends to return the entire main line 
component of the rail lines to daily operation. NSR suspended 
operations on part of the rail lines in Ohio in early 2016 due to 
declining rail traffic volumes, and rerouted traffic on other routes.
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    \2\ KNWA has filed the lease agreement under seal pursuant to 49 
CFR 1150.43(h)(1)(ii). On July 7, 2016, Dow Chemical Company (Dow) 
filed a motion for access to the confidential lease documents, 
pursuant to 49 CFR 1150.43(h)(2), and a motion for protective order. 
On July 8, 2016, M&G Polymers USA, LLC (M&G) filed similar motions. 
Both Dow and M&G stated that KNWA had agreed to grant such access 
once a protective order was in place. On July 8, 2016, the Board 
granted M&G's motion for protective order and motion for access to 
confidential documents. On July 11, 2016, the Board granted Dow's 
motion for access to confidential documents.
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    KNWA has certified that its projected annual revenues that will 
result from the proposed transaction will not result in KNWA becoming a 
Class II or Class I rail carrier. KNWA has further certified that its 
projected annual rail freight revenues, including the lines to be 
operated pursuant to this notice, will exceed $5 million. Accordingly, 
as required by 49 CFR 1150.42(e), KNWA has certified that on May 18 and 
19,

[[Page 46154]]

2016, a copy of the verified notice was posted at the workplaces of the 
employees on the line and served on the national offices of all labor 
unions with employees on the line.
    The transaction may be consummated on or after July 31, 2016, the 
effective date of the exemption (30 days after the supplemental notice 
of exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than July 22, 2016 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36028, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 
N. Wacker Drive, Suite 920, Chicago, IL 60606, and Karl Morell, Karl 
Morell & Associates, Suite 225, 655 Fifteenth St. NW., Washington, DC 
20005.
    According to KNWA, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 12, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-16796 Filed 7-14-16; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46153

rail service under 49 CFR 1152.27(c)(2) 1 execute an agreement to interchange RR 116.5 at Hobson Yard, Ohio; (3)
must be filed by July 25, 2016.2 with Palouse River & Coulee City between milepost WV 125.6 at Conco,
Petitions to reopen must be filed by Railroad, LLC imposing no interchange Ohio and milepost WV 253.4 at
August 4, 2016, with the Surface commitments. Cornelia, W. Va.; (4) between milepost
Transportation Board, 395 E Street SW., The transaction may be consummated VC 0.0 at Vaco Junction, W. Va., and
Washington, DC 20423–0001. on August 5, 2016, the effective date of milepost VC 0.84 at Deepwater W. Va.;
A copy of any petition filed with the the exemption (30 days after the verified (5) between Hitop RT at milepost TP 0.0
Board should be sent to CW’s notice of exemption was filed).2 If the at Charleston, W. Va., and the end of the
representative: William A. Mullins, verified notice contains false or track at milepost TP 1.0; (6) between
2401 Pennsylvania Ave. NW., Suite 300, misleading information, the exemption Jones IT at milepost JT 0.0 at Jones, W.
Washington, DC 20037. is void ab initio. Petitions to revoke the Va., and the end of the track at milepost
If the verified notice contains false or exemption under 49 U.S.C. 10502(d) JT 1.3; (7) between milepost VG 0.0 at
misleading information, the exemption may be filed at any time. The filing of Virwest, W. Va., and milepost VG 12.1
is void ab initio. a petition to revoke will not at Bolt, W. Va., (8) between milepost
Board decisions and notices are automatically stay the effectiveness of MY 0.0 at Milam, W. Va., and the end
available on our Web site at the exemption. Petitions to stay must be of the track at MY 1.01; and (9) between
WWW.STB.DOT.GOV. filed by July 29, 2016 (at least seven milepost PE 0.0 at Putt, W. Va., and
Decided: July 12, 2016. days prior to the date the exemption milepost PE 2.3 at Putt End Branch, W.
By the Board, Rachel D. Campbell, becomes effective). Va.1
Director, Office of Proceedings. An original and 10 copies of all This transaction is related to a
Raina S. Contee,
pleadings, referring to Docket No. FD concurrently filed verified notice of
36044 must be filed with the Surface exemption in Watco Holdings, Inc.—
Clearance Clerk.
Transportation Board, 395 E Street SW., Continuance in Control Exemption—
[FR Doc. 2016–16774 Filed 7–14–16; 8:45 am]
Washington, DC 20423–0001. In Kanawha River Railroad LLC, Docket
BILLING CODE 4915–01–P addition, a copy of each pleading must No. FD 36029, wherein Watco Holdings,
be served on applicant’s representative, Inc. seeks Board authority to continue in
James H.M. Savage, 22 Rockingham control of KNWA upon KNWA’s
SURFACE TRANSPORTATION BOARD
Court, Germantown, MD 20874. becoming a Class III rail carrier.
[Docket No. FD 36044] According to CWW, this action is KNWA plans to lease and increase
categorically excluded from operations on the subject rail lines in
CWW, LLC—Lease and Operation environmental review under 49 CFR Ohio and West Virginia (189 miles of
Exemption—Port of Columbia, Wash. 1105.6(c). the subject lines are in active service;
Board decisions and notices are the remainder of the track is idled or has
CWW, LLC (CWW), a noncarrier, has
available on our Web site at been taken out of service by NSR).2
filed a verified notice of exemption
WWW.STB.DOT.GOV. KNWA intends to return the entire main
under 49 CFR 1150.31 to lease from the
Port of Columbia, Wash. and to operate, Decided: July 12, 2016. line component of the rail lines to daily
approximately 37.1 miles of rail line, By the Board, Rachel D. Campbell, operation. NSR suspended operations
referred to as the Dayton Line, between Director, Office of Proceedings. on part of the rail lines in Ohio in early
milepost 33.0 near Walla Walla, Wash. Kenyatta Clay, 2016 due to declining rail traffic
and milepost 70.1 at Dayton, Wash., Clearance Clerk. volumes, and rerouted traffic on other
pursuant to an executed lease and [FR Doc. 2016–16781 Filed 7–14–16; 8:45 am]
routes.
operating agreement. KNWA has certified that its projected
BILLING CODE 4915–01–P
This transaction is related to a annual revenues that will result from
concurrently filed verified notice of the proposed transaction will not result
exemption in Paul Didelius— SURFACE TRANSPORTATION BOARD in KNWA becoming a Class II or Class
Continuance in Control Exemption— I rail carrier. KNWA has further certified
[Docket No. FD 36028] that its projected annual rail freight
CWW, LLC, Docket No. FD 36045, in
which Paul Didelius seeks Board revenues, including the lines to be
Kanawha River Railroad, LLC—Lease operated pursuant to this notice, will
approval to continue in control of CWW Exemption Containing Interchange
under 49 CFR 1180.2(d)(2), upon exceed $5 million. Accordingly, as
Commitment—Norfolk Southern required by 49 CFR 1150.42(e), KNWA
CWW’s becoming a Class III rail carrier. Railway Company
CWW certifies that the projected has certified that on May 18 and 19,
annual revenues as a result of this Kanawha River Railroad, LLC
1 The notice of exemption was initially filed on
transaction do not exceed those that (KNWA), a noncarrier, has filed a
June 28, 2016, but was resubmitted with corrections
would qualify it as a Class III rail carrier verified notice of exemption under 49 on July 1, 2016. Therefore July 1, 2016, is the
and states the projected annual revenues CFR 1150.41 to lease and operate nine official filing date and the basis for all dates in this
of CWW shall not exceed $5 million rail segments totaling 308.85 miles from notice.
2 KNWA has filed the lease agreement under seal
dollars.1 CWW states that it expects to Norfolk Southern Railway Company
pursuant to 49 CFR 1150.43(h)(1)(ii). On July 7,
(NSR). These line segments run (1) 2016, Dow Chemical Company (Dow) filed a motion
1 Each OFA must be accompanied by the filing between mileposts V 382.0 at Maben, W. for access to the confidential lease documents,
fee, which is currently set at $1,600. See 49 CFR Va., and V 435.0 at DB (Deepwater pursuant to 49 CFR 1150.43(h)(2), and a motion for
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1002.2(f)(25). protective order. On July 8, 2016, M&G Polymers
2 Because CW is seeking to discontinue service,
Bridge), W. Va.; (2) between milepost
USA, LLC (M&G) filed similar motions. Both Dow
not to abandon the Line, trail use/rail banking and RR 7.0 at Refugee, Ohio, and milepost and M&G stated that KNWA had agreed to grant
public use conditions are not appropriate. Because such access once a protective order was in place.
there will be environmental review during projected annual revenues of CWW shall not exceed On July 8, 2016, the Board granted M&G’s motion
abandonment, this discontinuance does not require $5 million dollars. for protective order and motion for access to
an environmental review. 2 Because, as noted, CWW supplemented its confidential documents. On July 11, 2016, the
1 By letter filed July 6, 2016, CWW supplemented verified notice on July 6, 2016, that date is Board granted Dow’s motion for access to
its notice of exemption with a statement that the considered the filing date of the verified notice. confidential documents.

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46154 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices

2016, a copy of the verified notice was Airport Authority to waive the DEPARTMENT OF TRANSPORTATION
posted at the workplaces of the requirement that a 130 acre parcel of
employees on the line and served on the surplus property, located on Jackson- Federal Railroad Administration
national offices of all labor unions with Medgar Wiley Evers International [Docket Number FRA–2016–0002–N–14]
employees on the line. Airport, be used for aeronautical
The transaction may be consummated purposes. Proposed Agency Information
on or after July 31, 2016, the effective Collection Activities; Comment
date of the exemption (30 days after the DATES: Comments must be received on Request
supplemental notice of exemption was or before August 15, 2016.
filed). AGENCY: Federal Railroad
If the verified notice contains false or ADDRESSES: Comments on this notice Administration (FRA), Department of
misleading information, the exemption may be mailed or delivered in triplicate Transportation (DOT).
is void ab initio. Petitions to revoke the to the FAA at the following address: ACTION: Notice and request for
exemption under 49 U.S.C. 10502(d) Jackson Airports District Office, Attn: comments.
may be filed at any time. The filing of Jeff Orr, Program Manager, 100 West
a petition to revoke will not Cross Street, Suite B, Jackson, MS SUMMARY: Under the Paperwork
automatically stay the effectiveness of 39208–2307. Reduction Act of 1995 (PRA), this notice
the exemption. Petitions for stay must In addition, one copy of any announces FRA is forwarding the
be filed no later than July 22, 2016 (at comments submitted to the FAA must renewal of the information collection
least 7 days before the exemption requirements (ICR) abstracted below to
be mailed or delivered to Mr. Carl
becomes effective). the Office of Management and Budget
Newman, Chief Executive Officer,
An original and 10 copies of all (OMB) for review and comment. The
Jackson Municipal Airport Authority at ICR describes the nature of the
pleadings, referring to Docket No. FD
the following address: P.O. Box 98109, information collection and its expected
36028, must be filed with the Surface
Jackson, MS 39298–8109. burden. On February 25, 2016, OMB
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In FOR FURTHER INFORMATION CONTACT: Jeff approved Form FRA F 1680.167 for 180
addition, a copy of each pleading must Orr, Program Manager, Jackson Airports days under emergency clearance
be served on Robert A. Wimbish, District Office, 100 West Cross Street, procedures. FRA seeks regular clearance
Fletcher & Sippel LLC, 29 N. Wacker Suite B, Jackson, MS 39208–2307, (601) of this form for the maximum period (3
Drive, Suite 920, Chicago, IL 60606, and 664–9885. The application may be years) to comply with Fixing America’s
Karl Morell, Karl Morell & Associates, reviewed in person at this same Surface Transportation Act (FAST Act)
Suite 225, 655 Fifteenth St. NW., location. requirements. The Federal Register
Washington, DC 20005. notice with a 60-day comment period
According to KNWA, this action is SUPPLEMENTARY INFORMATION: If the soliciting comments on the following
categorically excluded from proposal is approved, the airport layout collection of information was published
environmental review under 49 CFR plan will be updated to reflect the on March 24, 2016.
1105.6(c). change in the land use on 130 acres DATES: Comments must be submitted on
Board decisions and notices are from aeronautical to non-aeronautical. or before August 15, 2016.
available on our Web site at The property will then be leased for FOR FURTHER INFORMATION CONTACT: Mr.
WWW.STB.DOT.GOV. Commercial Development. The location Robert Brogan, Information Collection
Decided: July 12, 2016. of the land relative to existing or Clearance Officer, Office of Railroad
By the Board, Rachel D. Campbell, anticipated aircraft noise contours Safety, Safety Regulatory Analysis
Director, Office of Proceedings. greater than 65 DNL are not considered Division, RRS–21, Federal Railroad
Tia Delano, to be an issue. The proceeds from the Administration, 1200 New Jersey
Clearance Clerk. lease of this property will be used for Avenue SE., Mail Stop 25, Washington,
[FR Doc. 2016–16796 Filed 7–14–16; 8:45 am] airport purposes. The proposed use of DC 20590, (202) 493–6292, or Ms.
BILLING CODE 4915–01–P this property is compatible with airport Kimberly Toone, Information Collection
operations. Clearance Officer, Office of
Administration, Office of Information
Any person may inspect the request Technology, RAD–20, Federal Railroad
DEPARTMENT OF TRANSPORTATION in person at the FAA office listed above Administration, 1200 New Jersey
Federal Aviation Administration under FOR FURTHER INFORMATION Avenue SE., Mail Stop 35, Washington,
CONTACT. DC 20590, (202) 493–6132. These
Notice of Opportunity for Public In addition, any person may, upon telephone numbers are not toll-free.
Comment on Non-Rulemaking Action request, inspect the request, notice and SUPPLEMENTARY INFORMATION: The PRA,
To Change Land Use From other documents germane to the request 44 U.S.C. 3501–3520, and its
Aeronautical to Non-Aeronautical at in person at the Jackson-Medgar Wiley implementing regulations, Title 5 Code
Jackson-Medgar Wiley Evers Evers International Airport. of Federal Regulations (CFR) part 1320,
International Airport, Jackson, require Federal agencies to issue two
Mississippi Issued in Jackson, Mississippi on July 7,
2016.
notices seeking public comment on
information collection activities before
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AGENCY: Federal Aviation William J. Schuller,
Administration (FAA), DOT. OMB may approve paperwork packages.
Acting Manager, Jackson Airports District See 44 U.S.C. 3506, 3507; 5 CFR 1320.5,
ACTION: Notice. Office, Southern Region. 1320.8(d)(1), and 1320.12. On March 24,
SUMMARY: Under the provisions of title [FR Doc. 2016–16815 Filed 7–14–16; 8:45 am] 2016, FRA published a 60-day notice in
49, U.S.C. 47153(c), notice is being BILLING CODE 4910–13–P the Federal Register soliciting comment
given that the FAA is considering a on ICRs for which the agency is seeking
request from the Jackson Municipal OMB approval. See 81 FR 15781. FRA

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Document Created: 2016-07-15 02:53:15
Document Modified: 2016-07-15 02:53:15
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 46153