81 FR 62967 - Norfolk Southern Railway Company-Abandonment Exemption-in Kalamazoo, Mich.; and Grand Elk Railroad, L.L.C.-Discontinuance Exemption-in Kalamazoo, Mich.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range		62967-62967
FR Document		2016-21986

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Page 62967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21986]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 385X); Docket No. AB 1246X]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Kalamazoo, Mich.; and Grand Elk Railroad, L.L.C.--Discontinuance 
Exemption--in Kalamazoo, Mich.

    Norfolk Southern Railway Company (NSR) and Grand Elk Railroad, 
L.L.C. (GDLK) (collectively, applicants), have jointly filed a verified 
notice of exemption under 49 CFR part 1152, subpart F--Exempt 
Abandonments and Discontinuances of Service for NSR to abandon, and for 
GDLK to discontinue service over, an approximately 0.1-mile rail line, 
between mileposts IJ 44.6 and IJ 44.7, in Kalamazoo, Mich. (the Line). 
The Line traverses United States Postal Service Zip Codes 49007 and 
49001.
    Applicants have certified that: (1) No local traffic has moved over 
the Line for at least two years; (2) there is no overhead traffic on 
the Line that would have to 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, these exemptions will be 
effective on October 13, 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 
September 23, 2016. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 3, 2016, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \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).
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    A copy of any petition filed with the Board should be sent to 
applicant'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 exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by September 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 1-
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 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 September 13, 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: September 8, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-21986 Filed 9-12-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 62967

Dated: August 31, 2016. October 13, 2016, unless stayed pending Board decisions and notices are
Timothy R. Schnabel, reconsideration. Petitions to stay that do available on our Web site at
Attorney-Adviser, Office of Private not involve environmental issues,1 ‘‘WWW.STB.DOT.GOV.’’
International Law, Office of Legal Adviser, formal expressions of intent to file an Decided: September 8, 2016.
Department of State. OFA under 49 CFR 1152.27(c)(2),2 and By the Board, Rachel D. Campbell,
[FR Doc. 2016–21980 Filed 9–12–16; 8:45 am] trail use/rail banking requests under 49 Director, Office of Proceedings.
BILLING CODE 4710–08–P CFR 1152.29 must be filed by September
Jeffrey Herzig,
23, 2016. Petitions to reopen or requests
Clearance Clerk.
for public use conditions under 49 CFR
1152.28 must be filed by October 3, [FR Doc. 2016–21986 Filed 9–12–16; 8:45 am]
SURFACE TRANSPORTATION BOARD BILLING CODE 4915–01–P
2016, with the Surface Transportation
[Docket No. AB 290 (Sub-No. 385X); Docket Board, 395 E Street SW., Washington,
No. AB 1246X] DC 20423–0001.
A copy of any petition filed with the DEPARTMENT OF TRANSPORTATION
Norfolk Southern Railway Company— Board should be sent to applicant’s
Abandonment Exemption—in representative: William A. Mullins, Federal Aviation Administration
Kalamazoo, Mich.; and Grand Elk Baker & Miller PLLC, 2401 Pennsylvania
Railroad, L.L.C.—Discontinuance Notice of Release From Federal Grant
Ave. NW., Suite 300, Washington, DC
Exemption—in Kalamazoo, Mich. Assurance Obligations at Tucson
20037.
If the verified notice contains false or International Airport, Tucson, Pima
Norfolk Southern Railway Company County, Arizona
(NSR) and Grand Elk Railroad, L.L.C. misleading information, the exemptions
(GDLK) (collectively, applicants), have are void ab initio. AGENCY: Federal Aviation
Applicants have filed a combined Administration, DOT.
jointly filed a verified notice of
environmental and historic report that ACTION: Notice of request to release
exemption under 49 CFR part 1152,
addresses the effects, if any, of the airport land.
subpart F—Exempt Abandonments and
abandonment and discontinuance on
Discontinuances of Service for NSR to
the environment and historic resources. SUMMARY: The Federal Aviation
abandon, and for GDLK to discontinue
OEA will issue an environmental Administration (FAA) proposes to rule
service over, an approximately 0.1-mile
assessment (EA) by September 16, 2016. and invites public comment on the
rail line, between mileposts IJ 44.6 and
Interested persons may obtain a copy of application for a release of
IJ 44.7, in Kalamazoo, Mich. (the Line).
the EA by writing to OEA (Room 1100, approximately 3 acres of airport
The Line traverses United States Postal
Surface Transportation Board, property at Tucson International
Service Zip Codes 49007 and 49001.
Washington, DC 20423–0001) or by Airport, Tucson, Pima County, Arizona,
Applicants have certified that: (1) No
calling OEA at (202) 245–0305. from all conditions contained in the
local traffic has moved over the Line for
Assistance for the hearing impaired is Grant Assurances since the parcel of
at least two years; (2) there is no
available through the Federal land is not needed for airport purposes.
overhead traffic on the Line that would
Information Relay Service (FIRS) at 1– The property will be sold for its fair
have to be rerouted over other lines; (3)
800–877–8339. Comments on market value and the proceeds used for
no formal complaint filed by a user of
environmental and historic preservation airport purposes. The redevelopment of
rail service on the Line (or by a state or
matters must be filed within 15 days the land for roadway enhancements to
local government entity acting on behalf
after the EA becomes available to the property owned by the U. S. Air Force
of such user) regarding cessation of
public. represents a compatible land use that
service over the Line either is pending Environmental, historic preservation,
with the Surface Transportation Board will not interfere with the airport or its
public use, or trail use/rail banking operation, thereby protecting the
(Board) or with any U.S. District Court conditions will be imposed, where
or has been decided in favor of interests of civil aviation.
appropriate, in a subsequent decision. DATES: Comments must be received on
complainant within the two-year period; Pursuant to the provisions of 49 CFR
and (4) the requirements at 49 CFR or before October 13, 2016.
1152.29(e)(2), NSR shall file a notice of
1105.7(c) (environmental report), 49 FOR FURTHER INFORMATION CONTACT:
consummation with the Board to signify
CFR 1105.11 (transmittal letter), 49 CFR Comments on the request may be mailed
that it has exercised the authority
1105.12 (newspaper publication), and to the FAA at the following address:
granted and fully abandoned the Line. If
49 CFR 1152.50(d)(1) (notice to Tony Garcia, Airports Compliance
consummation has not been effected by
governmental agencies) have been met. Program Manager, Federal Aviation
NSR’s filing of a notice of
As a condition to these exemptions, Administration, Airports Division,
consummation by September 13, 2017,
any employee adversely affected by the Federal Register Comment, 15000
and there are no legal or regulatory
abandonment or discontinuance shall be Aviation Blvd., Lawndale, CA 90261. In
barriers to consummation, the authority
protected under Oregon Short Line addition, one copy of the comment
to abandon will automatically expire.
Railroad—Abandonment Portion submitted to the FAA must be mailed to
Goshen Branch Between Firth & 1 The Board will grant a stay if an informed
Mr. Eric Roudebush, Director of
Ammon, in Bingham & Bonneville decision on environmental issues (whether raised Environmental Services, Tucson Airport
Counties, Idaho, 360 I.C.C. 91 (1979). To by a party or by the Board’s Office of Environmental Authority, 7005 South Plumer Avenue,
address whether this condition Analysis (OEA) in its independent investigation) Tucson, Arizona 85756.
cannot be made before the exemption’s effective
Lhorne on DSK30JT082PROD with NOTICES

adequately protects affected employees, date. See Exemption of Out-of-Serv. Rail Lines, 5 SUPPLEMENTARY INFORMATION: In
a petition for partial revocation under I.C.C.2d 377 (1989). Any request for a stay should accordance with the Wendell H. Ford
49 U.S.C. 10502(d) must be filed. be filed as soon as possible so that the Board may Aviation Investment and Reform Act for
Provided no formal expression of take appropriate action before the exemption’s the 21st Century (AIR 21), Public Law
effective date.
intent to file an offer of financial 2 Each OFA must be accompanied by the filing 106–181 (Apr. 5, 2000; 114 Stat. 61),
assistance (OFA) has been received, fee, which is currently set at $1,600. See 49 CFR this notice must be published in the
these exemptions will be effective on 1002.2(f)(25). Federal Register 30 days before the

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Document Created: 2018-02-09 13:16:34
Document Modified: 2018-02-09 13:16:34

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 62967