81 FR 84673 - Central of Georgia Railroad Company-Abandonment Exemption-in Newton County, Ga.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range		84673-84674
FR Document		2016-28295

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)

[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84673-84674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28295]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 343X)]


Central of Georgia Railroad Company--Abandonment Exemption--in 
Newton County, Ga.

AGENCY: Surface Transportation Board.

ACTION: Correction to notice of exemption.

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    On July 1, 2013, Central of Georgia Railroad Company (CGA) \1\ 
filed a verified notice of exemption under 49 CFR pt. 1152 subpart F--
Exempt Abandonments to abandon approximately 14.90 miles of rail line 
between milepost E 65.80 and milepost E 80.70, in Newton County, Ga. 
The notice was served and published in the Federal Register on July 19, 
2013 (78 FR 43,273).
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    \1\ CGA is a wholly owned subsidiary of Norfolk Southern Railway 
Company.
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    Before the exemption became effective, Newton County Trail-Path 
Foundation, Inc. (Newton Trail) filed a request for a notice of interim 
trail use (NITU). The Board issued a NITU on August 19, 2013, and on 
September 28, 2016, CGA and Newton Trail filed a notice informing the 
Board that they had entered into a lease agreement for interim trail 
use and rail banking for the 14.90 miles of rail line that was subject 
to abandonment.
    On October 14, 2016, CGR filed a letter stating that the map 
attached as

[[Page 84674]]

Appendix A to its July 1, 2013 verified notice did not properly depict 
the location of milepost E 65.80, and that parentheticals in the notice 
incorrectly refer to milepost E 65.80 as: ``(at the point of the Line's 
crossing of Route 229 in Newborn).'' \2\ Thus, CGR requests that the 
Board accept the corrected map attached to the October 14, 2016 letter 
and clarify the parenthetical references to milepost E 65.80 in its 
July 1, 2013 verified notice and the notice the Board served and 
published on July 19, 2013, to read: ``(a point just east of the 
Ziegler Road crossing west of downtown Newborn)''. These corrections 
are recognized here. All of the remaining information in the July 19, 
2013 notice remains unchanged.
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    \2\ On October 14, 2016, CGA and Newton Trail also filed a 
letter to correct their September 28, 2016 notification that a lease 
agreement for interim trail use and rail banking had been reached. 
This filing as well as the modification of the NITU to reflect the 
correct location of milepost E 65.80 will be addressed in a separate 
decision.
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    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 18, 2016.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-28295 Filed 11-22-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices 84673

implementation period of the proposal proposed rule change (SR–FINRA– the exemption. Petitions to stay must be
from one year to 18 months. 2016–032), as modified by Amendment filed no later than November 30, 2016
The Commission finds that requiring No. 1, is approved on an accelerated (at least seven days before the
members to include a reference or basis. exemption becomes effective).
hyperlink to a security-specific TRACE For the Commission, by the Division of
An original and 10 copies of all
Web page and include the time of trade Trading and Markets, pursuant to delegated pleadings, referring to Docket No. FD
on all retail customer confirmations is authority.249 36069, must be filed with the Surface
responsive to commenters’ requests for Brent J. Fields, Transportation Board, 395 E Street SW.,
harmonization of the FINRA Proposal Secretary.
Washington, DC 20423–0001. In
and MSRB Proposal and therefore addition, a copy of each pleading must
[FR Doc. 2016–28190 Filed 11–22–16; 8:45 am]
helped the Commission find that the be served on applicant’s representative,
BILLING CODE 8011–01–P
proposed rule change, as modified by Thomas F. McFarland, Thomas F.
Amendment No. 1, is consistent with McFarland, P.C., 208 South LaSalle
Section 15A(b)(6) of the Act,244 which Street, Suite 1666, Chicago, IL 60604.
requires, among other things, that SURFACE TRANSPORTATION BOARD According to KR, this action is
FINRA’s rules be designed to prevent [Docket No. FD 36069] categorically excluded from
fraudulent and manipulative acts and environmental review under 49 CFR
practices, to promote just and equitable Kokomo Rail, LLC—Acquisition and 1105.6(c).
principles of trade, and, in general, to Operation Exemption—Rail Line of Board decisions and notices are
protect investors and the public interest, Kokomo Rail Co., Inc. available on our Web site at
and Section 15A(b)(9) of the Act,245 ‘‘WWW.STB.GOV.’’
Kokomo Rail, LLC (KR), a noncarrier,
which requires, among other things, that has filed a verified notice of exemption 1 Decided: November 18, 2016.
FINRA’s rules do not impose any under 49 C.F.R 1150.31 to acquire, from By the Board, Scott M. Zimmerman, Acting
burden on competition not necessary or Kokomo Rail Co., Inc. (KRC),2 and to Director, Office of Proceedings.
appropriate in furtherance of the operate, approximately 12.55 miles of Rena Laws-Byrum,
purposes of the Act. The Commission rail line between milepost 134.48 at or Clearance Clerk.
notes that the addition of the term near Marion and milepost 147.07 at or [FR Doc. 2016–28222 Filed 11–22–16; 8:45 am]
‘‘offsetting’’ to the rule is solely a near Amboy, in Howard and Grant BILLING CODE 4915–01–P
clarification for the avoidance of doubt Counties, Ind. (the Line).
and that the change does not alter the According to KR, KRC acquired the
substance of the rule. Furthermore, 12.55-mile line from CSX SURFACE TRANSPORTATION BOARD
extension of the implementation period Transportation, Inc.3 KR states that KRC [Docket No. AB 290 (Sub-No. 343X)]
of the proposal from one year to 18 was voluntarily dissolved as a
months is appropriate and responsive to corporation, and that dissolution makes Central of Georgia Railroad
the operational and implementation it necessary to transfer KRC’s authority Company—Abandonment Exemption—
concerns raised by commenters. The to own and operate the Line from KRC in Newton County, Ga.
Commission also notes that after to KR.
consideration of the comments the AGENCY: Surface Transportation Board.
KR states that the proposed
MSRB received on its proposal to transaction does not involve any ACTION:Correction to notice of
require a security-specific hyperlink to interchange commitments. KR certifies exemption.
EMMA and the execution time of the that its projected annual revenues as a
transaction, the MSRB amended its On July 1, 2013, Central of Georgia
result of this transaction will not result Railroad Company (CGA) 1 filed a
proposal in a manner that is identical to in the creation of a Class I or Class II rail
the Amendment No. 1 that FINRA has verified notice of exemption under 49
carrier and that its projected annual CFR pt. 1152 subpart F—Exempt
filed.246 The Commission notes that it revenues do not exceed $5 million.
today has approved the MSRB Proposal, Abandonments to abandon
The transaction may be consummated approximately 14.90 miles of rail line
as modified by MSRB Amendment No. on or after December 7, 2016, the
1, and believes that in the interests of between milepost E 65.80 and milepost
effective date of the exemption (30 days E 80.70, in Newton County, Ga. The
promoting efficiency in the after the verified notice was filed).
implementation of both proposals, it is notice was served and published in the
If the verified notice contains false or Federal Register on July 19, 2013 (78 FR
appropriate to approve FINRA’s misleading information, the exemption
proposal, as modified by Amendment 43,273).
is void ab initio. Petitions to revoke the Before the exemption became
No. 1, concurrently. Accordingly, the exemption under 49 U.S.C. 10502(d) effective, Newton County Trail-Path
Commission finds good cause, pursuant may be filed at any time. The filing of Foundation, Inc. (Newton Trail) filed a
to Section 19(b)(2) of the Exchange a petition to revoke will not request for a notice of interim trail use
Act,247 to approve the proposed rule automatically stay the effectiveness of (NITU). The Board issued a NITU on
change, as modified by Amendment No.
August 19, 2013, and on September 28,
1, on an accelerated basis. 249 17 CFR 200.30–3(a)(12). 2016, CGA and Newton Trail filed a
1 The verified notice was originally filed on
V. Conclusion notice informing the Board that they
October 27, 2016. On November 7, 2016, KR filed
It Is Therefore Ordered, pursuant to supplemental information, including the relevant had entered into a lease agreement for
mstockstill on DSK3G9T082PROD with NOTICES

Section 19(b)(2) of the Act,248 that the mileposts, and noted that KRC was dissolved in interim trail use and rail banking for the
1999. Therefore, November 7, 2016, is the official 14.90 miles of rail line that was subject
filing date. to abandonment.
244 15 U.S.C. 78o 3(b)(6). 2 KR is an affiliate of Kokomo Grain Co., Inc., as
245 15 U.S.C. 78o 3(b)(9). was KRC.
On October 14, 2016, CGR filed a
246 See MSRB Amendment No. 1, supra note 13, 3 See Kokomo Rail Co.—Acquis. & Operation letter stating that the map attached as
at 4–5. Exemption—Line of CSX Transp. Between Marion
247 15 U.S.C. 78s(b)(2).
& Amboy, Ind., FD 32231 et al. (ICC served Dec. 15, 1 CGA is a wholly owned subsidiary of Norfolk
248 15 U.S.C. 78s(b)(2). 1993). Southern Railway Company.

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84674 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

Appendix A to its July 1, 2013 verified compliance with applicable b. Program measures are reasonably
notice did not properly depict the requirements. On October 24, 2016, the consistent with achieving the goals of
location of milepost E 65.80, and that FAA approved the Bob Hope Airport reducing existing non-compatible land
parentheticals in the notice incorrectly noise compatibility program. Fifteen uses around the airport and preventing
refer to milepost E 65.80 as: ‘‘(at the (15) of the eighteen (18) total number of the introduction of additional non-
point of the Line’s crossing of Route 229 recommendations of the program were compatible land uses;
in Newborn).’’ 2 Thus, CGR requests that approved. Two (2) of the eighteen (18) c. Program measures would not create
the Board accept the corrected map total number of recommendations of the an undue burden on interstate or foreign
attached to the October 14, 2016 letter program were approved in part. For one commerce, unjustly discriminate against
and clarify the parenthetical references (1) of the eighteen (18) program types or classes of aeronautical uses,
to milepost E 65.80 in its July 1, 2013 measures there was no action required violate the terms of airport grant
verified notice and the notice the Board at this time. No program elements agreements, or intrude into areas
served and published on July 19, 2013, relating to new or revised flight preempted by the Federal Government;
to read: ‘‘(a point just east of the Ziegler procedures for noise abatement were and
Road crossing west of downtown proposed by the airport operator. d. Program measures relating to the
Newborn)’’. These corrections are DATES: Effective Date: The effective date use of flight procedures can be
recognized here. All of the remaining of the FAA’s approval of the noise implemented within the period covered
information in the July 19, 2013 notice compatibility program for Bob Hope by the program without derogating
remains unchanged. Airport is October 24, 2016. safety, adversely affecting the efficient
Board decisions and notices are use and management of the navigable
FOR FURTHER INFORMATION CONTACT:
available on our Web site at airspace and air traffic control systems,
Victor Globa, Environmental Protection
‘‘WWW.STB.DOT.GOV.’’ or adversely affecting other powers and
Specialist, Federal Aviation
responsibilities of the Administrator
Decided: November 18, 2016. Administration, Los Angeles Airports
prescribed by law.
By the Board, Scott M. Zimmerman, Acting District Office, Mailing Address: P.O. Specific limitations with respect to
Director, Office of Proceedings. Box 92007, Los Angeles, California FAA’s approval of an airport noise
Jeffrey Herzig, 90009–2007. Street Address: 15000 compatibility program are delineated in
Clearance Clerk. Aviation Boulevard, Lawndale, Part 150, section 150.5. Approval is not
[FR Doc. 2016–28295 Filed 11–22–16; 8:45 am]
California 90261. Telephone: 310/725– a determination concerning the
BILLING CODE 4915–01–P
3637. Documents reflecting this FAA acceptability of land uses under Federal,
action may be reviewed at this same state, or local law. Approval does not by
location. itself constitute an FAA implementing
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: This action. A request for Federal action or
notice announces that the FAA has approval to implement specific noise
Federal Aviation Administration given its overall approval to the noise compatibility measures may be
compatibility program for Bob Hope required. Prior to an FAA decision on a
Approval of Noise Compatibility Airport, effective October 24, 2016. request to implement the action, an
Program for Bob Hope Airport, Under section 47504 of the Act, an environmental review of the proposed
Burbank, California airport operator who has previously action may be required. Approval does
AGENCY: Federal Aviation submitted a noise exposure map may not constitute a commitment by the
Administration, DOT. submit to the FAA a noise compatibility FAA to financially assist in the
program which sets forth the measures implementation of the program nor a
ACTION: Notice.
taken or proposed by the airport determination that all measures covered
SUMMARY: The Federal Aviation operator for the reduction of existing by the program are eligible for grant-in-
Administration (FAA) announces its non-compatible land uses and aid funding from the FAA. Where
findings on the noise compatibility prevention of additional non-compatible federal funding is sought, requests for
program submitted by Burbank- land uses within the area covered by the project grants must be submitted to the
Glendale-Pasadena Airport Authority noise exposure maps. The Act requires FAA Los Angeles Airports District
under the provisions of 49 U.S.C. 47501 such programs to be developed in Office in the Western-Pacific Region.
et seq. (formerly the Aviation Safety and consultation with interested and Burbank-Glendale-Pasadena Airport
Noise Abatement Act, hereinafter affected parties including local Authority submitted to the FAA on June
referred to as ‘‘the Act’’) and 14 Code of communities, government agencies, 27, 2013 the noise exposure maps,
Federal Regulations (CFR) Part 150 airport users, and FAA personnel. descriptions and other documentation
(hereinafter referred to as ‘‘Part 150’’). Each airport noise compatibility produced during the noise compatibility
These findings are made in recognition program developed in accordance with planning study conducted from
of the description of Federal and Part 150 is a local program, not a September 13, 2011 through October 24,
nonfederal responsibilities in Senate Federal program. The FAA does not 2016. The Bob Hope Airport noise
Report No. 96–52 (1990). On October 10, substitute its judgment for that of the exposure maps were determined by
2013, the FAA determined that the airport proprietor with respect to which FAA to be in compliance with
noise exposure maps submitted by measures should be recommended for applicable requirements on October 10,
Burbank-Glendale-Pasadena Airport action. The FAA’s approval or 2013. Notice of this determination was
disapproval of Part 150 program published in the Federal Register (78
mstockstill on DSK3G9T082PROD with NOTICES

Authority under Part 150 were in
recommendations is measured FR 64048) on October 25, 2013.
2 On October 14, 2016, CGA and Newton Trail according to the standards expressed in The Bob Hope Airport study contains
also filed a letter to correct their September 28, Part 150 and the Act and is limited to a proposed noise compatibility program
2016 notification that a lease agreement for interim the following determinations: comprised of actions designed for
trail use and rail banking had been reached. This
filing as well as the modification of the NITU to
a. The noise compatibility program phased implementation by airport
reflect the correct location of milepost E 65.80 will was developed in accordance with the management and adjacent jurisdictions
be addressed in a separate decision. provisions and procedures of Part 150; from December 30, 2014 to the year

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Document Created: 2016-11-23 05:30:20
Document Modified: 2016-11-23 05:30:20

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
Action		Correction to notice of exemption.
FR Citation		81 FR 84673