81_FR_52886 81 FR 52733 - Norfolk Southern Railway Company-Abandonment Exemption-in Charleston, S.C.

81 FR 52733 - Norfolk Southern Railway Company-Abandonment Exemption-in Charleston, S.C.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range52733-52734
FR Document2016-18867

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52733-52734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18867]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 386X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Charleston, S.C.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to 
abandon approximately 1.97 miles of rail line between milepost SC 0.33 
and milepost SC 2.3 in Charleston, S.C. (the Line). The Line traverses 
United States Postal Service Zip Codes 29403 and 29405.
    NSR has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic has moved over the 
Line for at least two years and that overhead traffic, if there were 
any, could be rerouted over other lines; (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 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 September 8, 2016, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
August 19, 2016. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 29, 2016, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to NSR's 
representative: William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by August 12, 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 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.

[[Page 52734]]

    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR 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 NSR's filing of a notice of 
consummation by August 9, 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: August 4, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-18867 Filed 8-8-16; 8:45 am]
 BILLING CODE 4915-01-P



                                                                                     Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                                  52733

                                                    comments more efficiently, please use                     the ISAB is to provide the Department                 abandonment shall be protected under
                                                    only one method. The Commission will                      with a continuing source of                           Oregon Short Line Railroad—
                                                    post all comments on the Commission’s                     independent advice on all aspects of                  Abandonment Portion Goshen Branch
                                                    Internet Web site (http://www.sec.gov/                    arms control, disarmament,                            Between Firth & Ammon, in Bingham &
                                                    rules/sro.shtml). Copies of the                           nonproliferation, political-military                  Bonneville Counties, Idaho, 360 I.C.C.
                                                    submission, all subsequent                                affairs, international security, and                  91 (1979). To address whether this
                                                    amendments, all written statements                        related aspects of public diplomacy. The              condition adequately protects affected
                                                    with respect to the proposed rule                         agenda for this meeting will include                  employees, a petition for partial
                                                    change that are filed with the                            classified discussions related to the                 revocation under 49 U.S.C. 10502(d)
                                                    Commission, and all written                               Board’s studies on current U.S. policy                must be filed.
                                                    communications relating to the                            and issues regarding arms control,                       Provided no formal expression of
                                                    proposed rule change between the                          international security, nuclear                       intent to file an offer of financial
                                                    Commission and any person, other than                     proliferation, and diplomacy.                         assistance (OFA) has been received, this
                                                    those that may be withheld from the                          For more information, contact                      exemption will be effective on
                                                    public in accordance with the                             Christopher Herrick, Executive Director               September 8, 2016, unless stayed
                                                    provisions of 5 U.S.C. 552, will be                       of the International Security Advisory                pending reconsideration. Petitions to
                                                    available for Web site viewing and                        Board, U.S. Department of State,                      stay that do not involve environmental
                                                    printing in the Commission’s Public                       Washington, DC 20520, telephone: (202)                issues,1 formal expressions of intent to
                                                    Reference Room, 100 F Street NE.,                         647–9683.                                             file an OFA under 49 CFR
                                                    Washington, DC 20549, on official                           Dated: July 19, 2016.                               1152.27(c)(2),2 and trail use/rail banking
                                                    business days between the hours of                                                                              requests under 49 CFR 1152.29 must be
                                                                                                              Christopher Herrick,
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                          filed by August 19, 2016. Petitions to
                                                    filing also will be available for                         Executive Director, International Security
                                                                                                              Advisory Board, U.S. Department of State.             reopen or requests for public use
                                                    inspection and copying at the principal                                                                         conditions under 49 CFR 1152.28 must
                                                                                                              [FR Doc. 2016–18855 Filed 8–8–16; 8:45 am]
                                                    office of the Exchange. All comments                                                                            be filed by August 29, 2016, with the
                                                    received will be posted without change;                   BILLING CODE 4710–27–P
                                                                                                                                                                    Surface Transportation Board, 395 E
                                                    the Commission does not edit personal                                                                           Street SW., Washington, DC 20423–
                                                    identifying information from                                                                                    0001.
                                                    submissions. You should submit only                       SURFACE TRANSPORTATION BOARD
                                                                                                                                                                       A copy of any petition filed with the
                                                    information that you wish to make                         [Docket No. AB 290 (Sub–No. 386X)]                    Board should be sent to NSR’s
                                                    available publicly. All submissions
                                                                                                                                                                    representative: William A. Mullins,
                                                    should refer to File Number SR–IEX–                       Norfolk Southern Railway Company—                     Baker & Miller PLLC, 2401 Pennsylvania
                                                    2016–05 and should be submitted on or                     Abandonment Exemption—in                              Ave. NW., Suite 300, Washington, DC
                                                    before August 30, 2016.                                   Charleston, S.C.                                      20037.
                                                      For the Commission, by the Division of                     Norfolk Southern Railway Company                      If the verified notice contains false or
                                                    Trading and Markets, pursuant to delegated                                                                      misleading information, the exemption
                                                    authority.19
                                                                                                              (NSR) has filed a verified notice of
                                                                                                              exemption under 49 CFR pt. 1152                       is void ab initio.
                                                    Robert W. Errett,
                                                                                                              subpart F–Exempt Abandonments to                         NSR has filed a combined
                                                    Deputy Secretary.
                                                                                                              abandon approximately 1.97 miles of                   environmental and historic report that
                                                    [FR Doc. 2016–18795 Filed 8–8–16; 8:45 am]                rail line between milepost SC 0.33 and                addresses the effects, if any, of the
                                                    BILLING CODE 8011–01–P                                    milepost SC 2.3 in Charleston, S.C. (the              abandonment on the environment and
                                                                                                              Line). The Line traverses United States               historic resources. OEA will issue an
                                                                                                              Postal Service Zip Codes 29403 and                    environmental assessment (EA) by
                                                    DEPARTMENT OF STATE                                       29405.                                                August 12, 2016. Interested persons may
                                                    [Public Notice: 9666]                                        NSR has certified that: (1) No local               obtain a copy of the EA by writing to
                                                                                                              traffic has moved over the Line for at                OEA (Room 1100, Surface
                                                    International Security Advisory Board                     least two years; (2) no overhead traffic              Transportation Board, Washington, DC
                                                    (ISAB); Meeting Notice Closed Meeting                     has moved over the Line for at least two              20423–0001) or by calling OEA at (202)
                                                                                                              years and that overhead traffic, if there             245–0305. Assistance for the hearing
                                                       In accordance with section 10(a)(2) of                 were any, could be rerouted over other                impaired is available through the
                                                    the Federal Advisory Committee Act, 5                     lines; (3) no formal complaint filed by               Federal Information Relay Service at
                                                    U.S.C. App 10(a)(2), the Department of                    a user of rail service on the Line (or by             (800) 877–8339. Comments on
                                                    State announces a meeting of the                          a state or local government entity acting             environmental and historic preservation
                                                    International Security Advisory Board                     on behalf of such user) regarding                     matters must be filed within 15 days
                                                    (ISAB) to take place on September 16,                     cessation of service over the Line either             after the EA becomes available to the
                                                    2016, at the Department of State,                         is pending with the Surface                           public.
                                                    Washington, DC.                                           Transportation Board (Board) or with
                                                       Pursuant to section 10(d) of the                       any U.S. District Court or has been                      1 The Board will grant a stay if an informed

                                                    Federal Advisory Committee Act, 5                         decided in favor of complainant within                decision on environmental issues (whether raised
                                                    U.S.C. App 10(d), and 5 U.S.C.                            the two-year period; and (4) the                      by a party or by the Board’s Office of Environmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                    Analysis (OEA) in its independent investigation)
                                                    552b(c)(1), it has been determined that                   requirements at 49 CFR 1105.7(c)                      cannot be made before the exemption’s effective
                                                    this Board meeting will be closed to the                  (environmental report), 49 CFR 1105.11                date. See Exemption of Out-of-Serv. Rail Lines, 5
                                                    public because the Board will be                          (transmittal letter), 49 CFR 1105.12                  I.C.C. 2d 377 (1989). Any request for a stay should
                                                    reviewing and discussing matters                          (newspaper publication), and 49 CFR                   be filed as soon as possible so that the Board may
                                                                                                                                                                    take appropriate action before the exemption’s
                                                    properly classified in accordance with                    1152.50(d)(1) (notice to governmental                 effective date.
                                                    Executive Order 13526. The purpose of                     agencies) have been met.                                 2 Each OFA must be accompanied by the filing
                                                                                                                 As a condition to this exemption, any              fee, which is currently set at $1,600. See 49 CFR
                                                      19 17   CFR 200.30–3(a)(12).                            employee adversely affected by the                    1002.2(f)(25).



                                               VerDate Sep<11>2014     20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                    52734                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                      Environmental, historic preservation,                    I. Overview: Pursuant to 49 U.S.C.                 in motor vehicles and aircraft.’’ Other
                                                    public use, or trail use/rail banking                   30118(d) and 30120(h) (see                            than the first word, no other words are
                                                    conditions will be imposed, where                       implementing rule at 49 CFR part 556),                capitalized.
                                                    appropriate, in a subsequent decision.                  Baby Jogger submitted a petition for an                  Paragraph S5.5.2.(k)(3)(ii)—The
                                                      Pursuant to the provisions of 49 CFR                  exemption from the notification and                   message area measures 23.4 square cm
                                                    1152.29(e)(2), NSR shall file a notice of               remedy requirements of 49 U.S.C.                      on models BJ70411, BJ70424 and
                                                    consummation with the Board to signify                  Chapter 301 on the basis that this                    BJ70431 which is less than the
                                                    that it has exercised the authority                     noncompliance is inconsequential to                   minimum required message area of 30
                                                    granted and fully abandoned the Line. If                motor vehicle safety.                                 square cm.
                                                    consummation has not been effected by                      Notice of receipt of the petition was                 Paragraph S5.5.2.(k)(3)(iii)—On
                                                    NSR’s filing of a notice of                             published, with a 30-day public                       models BJ70411, BJ70424 and BJ70431
                                                    consummation by August 9, 2017, and                     comment period, on September 8, 2015                  the red circle on the required pictogram
                                                    there are no legal or regulatory barriers               in the Federal Register (80 FR 53914).                is 29 mm in diameter which is less than
                                                    to consummation, the authority to                       No comments were received. To view                    the required 30 mm in diameter.
                                                    abandon will automatically expire.                      the petition, and all supporting                         Paragraph S5.6.1.7—The instruction
                                                      Board decisions and notices are                       documents log onto the Federal Docket                 manuals do not include reference to the
                                                    available on our Web site at                            Management System (FDMS) Web site                     required Web site in the section
                                                    ‘‘WWW.STB.DOT.GOV.’’                                    at: http://www.regulations.gov/. Then                 regarding child restraint recalls.
                                                                                                            follow the online search instructions to                 Paragraph S5.6.3—The instruction
                                                      Decided: August 4, 2016.
                                                                                                            locate docket number ‘‘NHTSA–2015–                    manuals do not include the required
                                                      By the Board, Joseph H. Dettmar, Acting               0074.’’                                               statement ‘‘A snug strap should not
                                                    Director, Office of Proceedings.                           II. Child Restraints Involved: Affected            allow any slack. . .’’
                                                    Jeffrey Herzig,                                         are approximately 15,103 of the                          Paragraph S5.8.2(a)(1)—The
                                                    Clearance Clerk.                                        following Baby Jogger rear-facing infant              electronic registration form does not
                                                    [FR Doc. 2016–18867 Filed 8–8–16; 8:45 am]              seats and bases manufactured between                  have the required statement ‘‘FOR
                                                    BILLING CODE 4915–01–P                                  November 3, 2014 and April 30, 2015:                  YOUR CHILD’S CONTINUED
                                                                                                            • City GO Infant Car Seat/Model No.                   SAFETY. . .’’
                                                                                                               BJ64510                                               Paragraph S5.8.1(b)(2)—Figure 9a
                                                                                                            • City GO Infant Car Seat/Model No.                   requires minimum 10 percent screen
                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                               BJ64529                                            tint on the lower half of the form. The
                                                    National Highway Traffic Safety                         • City GO Base for Infant Car Seat/                   form is missing the required tinting.
                                                    Administration                                             Model No. BJ80400                                     Paragraph S8.1—No instructions for
                                                                                                            • City GO Base for Infant Car Seat/                   installing the system in an aircraft
                                                    [Docket No. NHTSA–2015–0074; Notice 2]                     Model No. BJ61500                                  passenger seat were provided.
                                                                                                            • City Mini Infant Cars Seat/Stroller                    IV. Summary of Baby Jogger’s
                                                    Baby Jogger, LLC, Ruling on Petition                       Travel System/Model No.BJ72510                     Analyses: Baby Jogger organized its
                                                    for Decision of Inconsequential                         • Vue Lite Infant Car Seat/Stroller
                                                                                                                                                                  reasoning to substantiate
                                                    Noncompliance                                              Travel System/Model No. BJ70411
                                                                                                            • Vue Lite Infant Car Seat/Stroller                   inconsequentiality into the following
                                                    AGENCY:  National Highway Traffic                          Travel System/Model No. BJ70424                    five issue groupings that it believes are
                                                    Safety Administration (NHTSA),                          • Vue Lite Infant Car Seat/Stroller                   similar between the numerous
                                                    Department of Transportation (DOT).                        Travel System/Model No. BJ70431                    noncompliances:
                                                    ACTION: Ruling on petition for                             III. Noncompliances: Baby Jogger                   a. Information Type Size/Capitalization/
                                                    inconsequential noncompliance.                          explains that the affected child                         Presentation Order
                                                                                                            restraints do not fully comply with                   b. Background Color
                                                    SUMMARY:   Baby Jogger, LLC (Baby                       numerous paragraphs of FMVSS No.                      c. On-Product Label Message Area and
                                                    Jogger), has determined that certain                    213 for the following reasons:                           Pictogram Sizes
                                                    Baby Jogger rear-facing infant seats and                   Paragraph S5.5.2—The required                      d. Omitted Information
                                                    bases do not fully comply with                          information in English is no smaller                  e. Spanish Language Type Size
                                                    paragraphs S5.5, S5.6, S5.8, and S8.1 of                than 10 point type, but the Spanish                      Refer to Baby Jogger’s petition for
                                                    Federal Motor Vehicle Safety Standard                   information is smaller at about 7 point               their complete reasoning and associated
                                                    (FMVSS) No. 213, Child Restraint                        type. This only applies to models                     illustrations. To view the petition and
                                                    Systems. Baby Jogger filed an associated                BJ64510 and BJ64529.                                  all supporting documents log onto the
                                                    report dated June 4, 2015, pursuant to                     Paragraph S5.5.2(d)—The                            Federal Docket Management System
                                                    49 CFR part 573, Defect and                             ‘‘manufactured in address’’ on the label              (FDMS) Web site at: http://
                                                    Noncompliance Responsibility and                        is in about 8 font which is smaller than              www.regulations.gov/. Then follow the
                                                    Reports. Baby Jogger then petitioned                    the required 10 point type.                           online search instructions to locate
                                                    NHTSA under 49 CFR part 556                                Paragraph S5.5.2(m)—The required                   docket number ‘‘NHTSA–2015–0074.’’
                                                    requesting a decision that the subject                  ’’Child restraints could be recalled for                 Baby Jogger additionally informed
                                                    noncompliance is inconsequential to                     safety reasons. . .’’ text is on a black              NHTSA that they have corrected all
                                                    motor vehicle safety.                                   background with white text instead of                 labeling noncompliances and that all
                                                                                                                                                                  future production of the subject infant
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ADDRESSES: For further information on
                                                                                                            black text on a white background.
                                                                                                               Paragraph S5.5.2(g)(1)—The label has               car seat/stroller systems and stand-alone
                                                    this decision contact Zachary Fraser,                                                                         units will be in full compliance with
                                                                                                            the ‘‘Follow all instructions. . .’’ ahead
                                                    Office of Vehicle Safety Compliance, the                                                                      FMVSS No. 213.
                                                                                                            of the ‘‘Secure this child restraint’’
                                                    National Highway Traffic Safety                                                                                  In summation, Baby Jogger believes
                                                                                                            statement, instead of the reverse order
                                                    Administration (NHTSA), telephone                                                                             that the described noncompliance of the
                                                                                                            as required. This noncompliance only
                                                    (202) 366–5754, facsimile (202) 366–                                                                          subject infant car seat/stroller systems
                                                                                                            affects models BJ64510 and BJ64529.
                                                    3081.                                                      Paragraph S5.5.2(n)—The label has                  and standalone units is inconsequential
                                                    SUPPLEMENTARY INFORMATION:                              ‘‘This child restraint is certified for use           to motor vehicle safety, and that its


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1



Document Created: 2016-08-09 01:10:20
Document Modified: 2016-08-09 01:10:20
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 Citation81 FR 52733 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR