81 FR 69896 - Dakota, Minnesota & Eastern Railroad Corporation-Abandonment Exemption-in Scott County, Iowa

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69896-69897
FR Document		2016-24330
Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69896-69897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24330]


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

SURFACE TRANSPORTATION BOARD

[Docket No. AB 337 (Sub-No. 9X)]


Dakota, Minnesota & Eastern Railroad Corporation--Abandonment 
Exemption--in Scott County, Iowa

    Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian 
Pacific (DM&E) has filed a verified notice of exemption under 49 CFR 
pt. 1152 subpart F--Exempt Abandonments to abandon a 1.95-mile rail 
line referred to as the Eldridge Line, between milepost 7.52 +/- and 
milepost 9.47 +/- in Scott County, Iowa (the Line). The Line traverses 
United States Postal Service Zip Code 52748.
    DM&E has certified that: (1) No local freight traffic has moved 
over the Line for at least two years; (2) because the Line is not a 
through route, no overhead

[[Page 69897]]

traffic has operated; and, therefore, none needs 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 is either 
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 November 10, 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 
October 17, 2016. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 27, 2016, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.\3\
---------------------------------------------------------------------------

    \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).
    \3\ DM&E states that the Line may be suitable for other public 
purposes or trail use, and is not aware of any restriction on title 
to the property, including any reversionary interest which would 
affect the transfer of title or the use of the property for non-rail 
purposes.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
DM&E's representative: W. Karl Hansen, Stinson Leonard Street LLP, 150 
South Fifth Street, Suite 2300, Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DM&E has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by October 
14, 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.
    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), CSXT 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 DM&E's filing of a notice of 
consummation by October 7, 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.GOV.''

    Decided: October 4, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2016-24330 Filed 10-6-16; 8:45 am]
 BILLING CODE 4915-01-P
69896 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

identifying information from Copies: A copy of the Form OMB 83– becoming a Class II or Class I rail carrier
submissions. You should submit only 1, supporting statement, and other and that its annual revenues will not
information that you wish to make documents submitted to OMB for exceed $5 million.
available publicly. All submissions review may be obtained from the ARS states that it intends to
should refer to File Number SR–FINRA– Agency Clearance Officer. consummate the transaction on or
2016–038, and should be submitted on shortly after October 21, 2016, the
Solicitation of Public Comments
or before October 28, 2016. effective date of the exemption (30 days
Title: Statement of Personal History. after the verified notice of exemption
For the Commission, by the Division of
Description of Respondents: Small was filed).
Trading and Markets, pursuant to delegated
authority.30 Business Lending Companies. If the verified notice contains false or
Form Number: 1081. misleading information, the exemption
Robert W. Errett, Estimated Annual Responses: 151.
Deputy Secretary. is void ab initio. Petitions to revoke the
Estimated Annual Hour Burden: 108. exemption under 49 U.S.C. 10502(d)
[FR Doc. 2016–24280 Filed 10–6–16; 8:45 am]
Authority: 44 U.S.C. 35. may be filed at any time. The filing of
BILLING CODE 8011–01–P
Curtis B. Rich, a petition to revoke will not
automatically stay the effectiveness of
Management Analyst.
the exemption. Petitions for stay must
SMALL BUSINESS ADMINISTRATION [FR Doc. 2016–24236 Filed 10–6–16; 8:45 am]
be filed no later than October 14, 2016
BILLING CODE 8025–01–P
(at least seven days before the
Reporting and Recordkeeping
exemption becomes effective).
Requirements Under OMB Review
An original and 10 copies of all
AGENCY: Small Business Administration. SURFACE TRANSPORTATION BOARD pleadings, referring to Docket No. FD
ACTION: 30-Day notice. [Docket No. FD 36061] 36061, must be filed with the Surface
Transportation Board, 395 E Street SW.,
SUMMARY: The Small Business Arkansas Southern Railroad, L.L.C.— Washington, DC 20423–0001. In
Administration (SBA) is publishing this Lease Exemption Containing addition, a copy of each pleading must
notice to comply with requirements of Interchange Commitment—The Kansas be served on applicant’s representative,
the Paperwork Reduction Act (PRA), City Southern Railway Company Karl Morell, Karl Morell & Associates,
which requires agencies to submit Suite 225, 655 Fifteenth Street NW.,
proposed reporting and recordkeeping Arkansas Southern Railroad, L.L.C. Washington, DC 20005.
requirements to OMB for review and (ARS), a Class III rail carrier, has filed According to ARS, this action is
approval, and to publish a notice in the a verified notice of exemption under 49 categorically excluded from
Federal Register notifying the public CFR 1150.41 to continue to lease and environmental review under 49 CFR
that the agency has made such a operate from The Kansas City Southern 1105.6(c).
submission. This notice also allows an Railway Company (KCS) approximately Board decisions and notices are
additional 30 days for public comments. 61 miles of rail lines in Arkansas and available on our Web site at
DATES: Submit comments on or before Oklahoma.1 The rail lines are located WWW.STB.GOV.
November 7, 2016. between milepost 4.0 near Heavener,
Okla., and milepost 33.0 at Waldron, Decided: October 4, 2016.
ADDRESSES: Comments should refer to By the Board, Rachel D. Campbell,
Ark., and between milepost 32.0 at
the information collection by name and/ Director, Office of Proceedings.
Ashdown, Ark., and milepost 0.0 at
or OMB Control Number and should be Kenyatta Clay,
Nashville, Ark., not including the 601
sent to: Agency Clearance Officer, Curtis Clearance Clerk.
track switch at Ashdown, Ark.
Rich, Small Business Administration, ARS states that it entered into lease [FR Doc. 2016–24314 Filed 10–6–16; 8:45 am]
409 3rd Street SW., 5th Floor, agreements with KCS in 2005.2 ARS BILLING CODE 4915–01–P
Washington, DC 20416; and SBA Desk
recently entered into two amended and
Officer, Office of Information and
restated lease agreements, which, among
Regulatory Affairs, Office of
other things, extend the term of the SURFACE TRANSPORTATION BOARD
Management and Budget, New
lease to August 30, 2026. As required by [Docket No. AB 337 (Sub-No. 9X)]
Executive Office Building, Washington,
49 CFR 1150.43(h)(1), ARS has
DC 20503.
disclosed in its verified notice that the Dakota, Minnesota & Eastern Railroad
FOR FURTHER INFORMATION CONTACT: amended lease agreements contain an Corporation—Abandonment
Curtis Rich, Agency Clearance Officer, interchange agreement that affects the Exemption—in Scott County, Iowa
(202) 205–7030 curtis.rich@sba.gov. interchange point at Nashville, Ark. In
SUPPLEMENTARY INFORMATION: Small addition, ARS has provided additional Dakota, Minnesota & Eastern Railroad
Business Administration (SBA) information regarding the interchange Corporation d/b/a Canadian Pacific
regulations require that we determine commitment as required by 49 CFR (DM&E) has filed a verified notice of
that a participating Certified 1150.43(h). ARS states that it will exemption under 49 CFR pt. 1152
Development Company’s Non-Bank continue to be the operator of the lines. subpart F—Exempt Abandonments to
Lender Institutions or Microlender’s ARS certifies that its projected abandon a 1.95-mile rail line referred to
management, ownership, etc. is of revenues as a result of the proposed as the Eldridge Line, between milepost
‘‘good character’’. To do so requires the 7.52 +/¥ and milepost 9.47 +/¥ in
mstockstill on DSK3G9T082PROD with NOTICES

transaction will not result in ARS’s
information requested on the Form Scott County, Iowa (the Line). The Line
1081. This form also provides data used 1 Pursuant to 49 CFR 1150.43(h)(1), ARS filed a traverses United States Postal Service
to determine the qualifications and confidential, complete version of the lease Zip Code 52748.
agreement to be kept confidential by the Board DM&E has certified that: (1) No local
capabilities of the lenders key without need for the filing of an accompanying
personnel. motion for protective order. freight traffic has moved over the Line
2 See Ark. S. R.R.—Lease Exemption—Kan. City S. for at least two years; (2) because the
30 17 CFR 200.30–3(a)(12). Ry., FD 34760 (STB served Oct. 26, 2005). Line is not a through route, no overhead

VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices 69897

traffic has operated; and, therefore, none Street, Suite 2300, Minneapolis, MN CRANDIC states that it owns the Hills
needs to be rerouted over other lines; (3) 55402. Line, which is currently leased to and
no formal complaint filed by a user of If the verified notice contains false or operated by Iowa Interstate Railroad,
rail service on the Line (or by a state or misleading information, the exemption Ltd. (IAIS).1
local government entity acting on behalf is void ab initio. CRANDIC notes that CRANDIC and
of such user) regarding cessation of DM&E has filed environmental and IAIS have agreed that the lease of the
service over the Line is either pending historic reports that address the effects, Hills Line by IAIS will terminate on
with the Surface Transportation Board if any, of the abandonment on the October 26, 2016, under the terms of the
(Board) or with any U.S. District Court environment and historic resources. governing lease agreement and that, as
or has been decided in favor of OEA will issue an environmental of that date, IAIS will relinquish to
complainant within the two-year period; assessment (EA) by October 14, 2016. CRANDIC (and CRANDIC alone will
and (4) the requirements at 49 CFR Interested persons may obtain a copy of assume) the legal obligation to provide
1105.7(c) (environmental report), 49 the EA by writing to OEA (Room 1100, common carrier rail service over the
CFR 1105.11 (transmittal letter), 49 CFR Surface Transportation Board, Hills Line.
1105.12 (newspaper publication), and Washington, DC 20423–0001) or by CRANDIC states that the proposed
49 CFR 1152.50(d)(1) (notice to calling OEA at (202) 245–0305. change in operator does not involve any
governmental agencies) have been met. Assistance for the hearing impaired is provision or agreement that would limit
As a condition to this exemption, any available through the Federal future interchange with a third-party
employee adversely affected by the Information Relay Service at (800) 877– connecting carrier. CRANDIC certifies
abandonment shall be protected under 8339. Comments on environmental and that its projected annual revenues as a
Oregon Short Line Railroad— historic preservation matters must be result of this transaction will not result
Abandonment Portion Goshen Branch filed within 15 days after the EA in CRANDIC’s becoming a Class II or
Between Firth & Ammon, in Bingham & becomes available to the public. Class I rail carrier. However, because its
Bonneville Counties, Idaho, 360 I.C.C. Environmental, historic preservation, projected annual revenues exceed $5
91 (1979). To address whether this public use, or trail use/rail banking million, CRANDIC certifies that,
condition adequately protects affected conditions will be imposed, where pursuant to 49 CFR 1150.42(e), it
employees, a petition for partial appropriate, in a subsequent decision. provided notice on August 18, 2016, to
revocation under 49 U.S.C. 10502(d) Pursuant to the provisions of 49 CFR employees on the Hills Line and on the
must be filed. 1152.29(e)(2), CSXT shall file a notice of national offices of the labor unions for
consummation with the Board to signify those employees’ unions. Additionally,
Provided no formal expression of
that it has exercised the authority under 49 CFR 1150.42(b), a change in
intent to file an offer of financial
granted and fully abandoned the Line. If operator requires that notice be given to
assistance (OFA) has been received, this
consummation has not been effected by shippers. CRANDIC certifies that it has
exemption will be effective on
DM&E’s filing of a notice of provided notice of the proposed change
November 10, 2016, unless stayed
consummation by October 7, 2017, and in operator to shippers on the Hills
pending reconsideration. Petitions to
there are no legal or regulatory barriers Line.
stay that do not involve environmental
to consummation, the authority to The earliest this transaction can be
issues,1 formal expressions of intent to
abandon will automatically expire. consummated is October 23, 2016, the
file an OFA under 49 CFR
Board decisions and notices are effective date of the exemption.
1152.27(c)(2),2 and trail use/rail banking
available on our Web site at If the verified notice contains false or
requests under 49 CFR 1152.29 must be
‘‘WWW.STB.GOV.’’ misleading information, the exemption
filed by October 17, 2016. Petitions to
reopen or requests for public use Decided: October 4, 2016. is void ab initio. Petitions to revoke the
conditions under 49 CFR 1152.28 must By the Board, Rachel D. Campbell, exemption under 49 U.S.C. 10502(d)
be filed by October 27, 2016, with the Director, Office of Proceedings. may be filed at any time. The filing of
Surface Transportation Board, 395 E Rena Laws-Byrum, a petition to revoke will not
Street SW., Washington, DC 20423– Clearance Clerk. automatically stay the effectiveness of
0001.3 [FR Doc. 2016–24330 Filed 10–6–16; 8:45 am] the exemption. Petitions for stay must
A copy of any petition filed with the BILLING CODE 4915–01–P
be filed no later than October 14, 2016
Board should be sent to DM&E’s (at least seven days before the
representative: W. Karl Hansen, Stinson exemption becomes effective).
Leonard Street LLP, 150 South Fifth SURFACE TRANSPORTATION BOARD An original and 10 copies of all
pleadings, referring to Docket No. FD
[Docket No. FD 36057] 36057, must be filed with the Surface
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised Transportation Board, 395 E Street SW.,
Cedar Rapids and Iowa City Railway
by a party or by the Board’s Office of Environmental Washington, DC 20423–0001. In
Analysis (OEA) in its independent investigation)
Company—Change in Operator
addition, one copy of each pleading
cannot be made before the exemption’s effective Exemption—Iowa Interstate Railroad,
must be served on Robert A. Wimbish,
date. See Exemption of Out-of-Serv. Rail Lines, 5 Ltd.
I.C.C. 2d 377 (1989). Any request for a stay should Fletcher & Sippel LLC, 29 North Wacker
be filed as soon as possible so that the Board may Cedar Rapids and Iowa City Railway Drive, Suite 920, Chicago, IL 60606–
take appropriate action before the exemption’s Company (CRANDIC), a Class III rail 2832.
effective date.
carrier, has filed a verified notice of Board decisions and notices are
mstockstill on DSK3G9T082PROD with NOTICES

2 Each OFA must be accompanied by the filing

fee, which is currently set at $1,600. See 49 CFR exemption under 49 CFR 1150.41 to available on our Web site at
1002.2(f)(25). assume operations over a line of railroad WWW.STB.GOV.
3 DM&E states that the Line may be suitable for known as the Hills Line extending from Decided: October 4, 2016.
other public purposes or trail use, and is not aware milepost 25.0 near Burlington Street in
of any restriction on title to the property, including
any reversionary interest which would affect the
Iowa City, Iowa, to the end of the track 1 See Iowa Interstate R.R.—Lease Exemption—

transfer of title or the use of the property for non- at milepost 33.4 in Hills, Iowa, a Line of Cedar Rapids & Iowa City Ry., FD 35562
rail purposes. distance of approximately 8.4 miles. (STB served Jan. 25, 2012).

VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
Document Created: 2018-02-13 16:31:38
Document Modified: 2018-02-13 16:31:38
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 69896