82 FR 16469 - Norfolk Southern Railway Company-Abandonment Exemption-in Dayton, Montgomery County, Ohio

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 63 (April 4, 2017)

Page Range		16469-16469
FR Document		2017-06636
Federal Register, Volume 82 Issue 63 (Tuesday, April 4, 2017)
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Page 16469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06636]


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

SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 390X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Dayton, Montgomery County, Ohio

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon approximately 6.5 miles of rail line: (a) between milepost ZX 
12.1 and milepost ZX 15.4; and (b) between milepost ZQ 0.0 and milepost 
ZQ 3.2 in Dayton, Montgomery County, Ohio (the Line). The Line 
traverses United States Postal Service Zip Codes 45402, 45403, 45410, 
45432, and 45420.
    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 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 
a 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 May 4, 2017, 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 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by April 14, 2017. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 24, 2017, 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 $1,700. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
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 April 7, 2017. 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), 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 filing of a notice of 
consummation by April 4, 2018, 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: March 30, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-06636 Filed 4-3-17; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16469

be designated by the Department of abandonment shall be protected under Pursuant to the provisions of 49 CFR
State. Oregon Short Line Railroad— 1152.29(e)(2), NSR shall file a notice of
Article 13. This permit shall expire Abandonment Portion Goshen Branch consummation with the Board to signify
five years from the date of issuance in Between Firth & Ammon, in Bingham & that it has exercised the authority
the event that the permittee has not Bonneville Counties, Idaho, 360 I.C.C. granted and fully abandoned the Line. If
commenced construction of the United 91 (1979). To address whether this consummation has not been effected by
States facilities by that deadline. condition adequately protects affected filing of a notice of consummation by
In witness whereof, I, Under Secretary employees, a petition for partial April 4, 2018, and there are no legal or
of State for Political Affairs, have revocation under 49 U.S.C. 10502(d) regulatory barriers to consummation,
hereunto set my hand this 23rd day of must be filed. the authority to abandon will
March 2017 in the City of Washington, Provided no formal expression of automatically expire.
District of Columbia. intent to file an offer of financial Board decisions and notices are
Thomas A. Shannon, Jr. assistance (OFA) has been received, this available on our Web site at
Under Secretary of State for Political exemption will be effective on May 4, ‘‘WWW.STB.GOV.’’
Affairs. 2017, unless stayed pending Decided: March 30, 2017.
End of permit text. reconsideration. Petitions to stay that do
By the Board, Rachel D. Campbell,
not involve environmental issues,1 Director, Office of Proceedings.
Dated: March 23, 2017.
formal expressions of intent to file an
Richard W. Westerdale II, Raina S. Contee,
OFA under 49 CFR 1152.27(c)(2),2 and
Director, Energy Resources Bureau, Energy interim trail use/rail banking requests Clearance Clerk.
Governance and Access, Policy Analysis and under 49 CFR 1152.29 must be filed by [FR Doc. 2017–06636 Filed 4–3–17; 8:45 am]
Public Diplomacy.
April 14, 2017. Petitions to reopen or BILLING CODE 4915–01–P
[FR Doc. 2017–06646 Filed 4–3–17; 8:45 am]
requests for public use conditions under
BILLING CODE 4710–AE–P
49 CFR 1152.28 must be filed by April
24, 2017, with the Surface
Transportation Board, 395 E Street SW., DEPARTMENT OF TRANSPORTATION
SURFACE TRANSPORTATION BOARD Washington, DC 20423–0001. Federal Motor Carrier Safety
[Docket No. AB 290 (Sub-No. 390X)] A copy of any petition filed with the
Administration
Board should be sent to William A.
Norfolk Southern Railway Company— Mullins, Baker & Miller PLLC, 2401 Electronic Logging Device Technical
Abandonment Exemption—in Dayton, Pennsylvania Ave. NW., Suite 300, Specification Public Meeting
Montgomery County, Ohio Washington, DC 20037.
If the verified notice contains false or AGENCY: Federal Motor Carrier Safety
Norfolk Southern Railway Company misleading information, the exemption Administration (FMCSA), DOT.
(NSR) has filed a verified notice of is void ab initio. ACTION: Notice of public meeting.
exemption under 49 CFR pt. 1152 NSR has filed a combined
subpart F—Exempt Abandonments to environmental and historic report that SUMMARY: FMCSA announces a public
abandon approximately 6.5 miles of rail addresses the effects, if any, of the meeting to discuss the technical
line: (a) between milepost ZX 12.1 and abandonment on the environment and specifications in Appendix A to Subpart
milepost ZX 15.4; and (b) between historic resources. OEA will issue an B of part 395, Functional Specifications
milepost ZQ 0.0 and milepost ZQ 3.2 in environmental assessment (EA) by April for All Electronic Logging Devices
Dayton, Montgomery County, Ohio (the 7, 2017. Interested persons may obtain (ELDs), as published in the ‘‘Electronic
Line). The Line traverses United States a copy of the EA by writing to OEA Logging Devices and Hours of Service
Postal Service Zip Codes 45402, 45403, (Room 1100, Surface Transportation Supporting Documents’’ Final Rule
45410, 45432, and 45420. Board, Washington, DC 20423–0001) or (ELD Rule). This meeting will be a
NSR has certified that: (1) No local by calling OEA at (202) 245–0305. forum for discussion of the minimum
traffic has moved over the Line for at Assistance for the hearing impaired is requirements for ELDs and is being held
least two years; (2) no overhead traffic available through the Federal to help manufacturers produce ELDs
has moved over the Line for at least two Information Relay Service at (800) 877– that will comply with the ELD Rule.
years and overhead traffic, if there were 8339. Comments on environmental and DATES: The public meeting will take
any, could be rerouted over other lines; historic preservation matters must be place on Tuesday, May 9, 2017, from
(3) no formal complaint filed by a user filed within 15 days after the EA 9:30 a.m. to 1:30 p.m., Eastern Time
of rail service on the Line (or by a state becomes available to the public. (E.T.). A copy of the agenda for the
or local government entity acting on Environmental, historic preservation, meeting will be available in advance of
behalf of such user) regarding cessation public use, or trail use/rail banking the meeting at https://
of service over the Line either is conditions will be imposed, where www.regonline.com/builder/site/
pending with the Surface appropriate, in a subsequent decision. ?eventid=1953139.
Transportation Board (Board) or with
any U.S. District Court or has been 1 The Board will grant a stay if an informed ADDRESSES: The meeting will be held at
decided in favor of a complainant decision on environmental issues (whether raised the U.S. DOT Headquarters Building,
within the two-year period; and (4) the by a party or by the Board’s Office of Environmental 1200 New Jersey Avenue SE.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Analysis (OEA) in its independent investigation) Washington, DC 20590. Those interested
requirements at 49 CFR 1105.7(c) cannot be made before the exemption’s effective
(environmental report), 49 CFR 1105.11 date. See Exemption of Out-of-Serv. Rail Lines, 5 in attending this public meeting must
(transmittal letter), 49 CFR 1105.12 I.C.C. 2d 377 (1989). Any request for a stay should register at: https://www.regonline.com/
(newspaper publication), and 49 CFR be filed as soon as possible so that the Board may builder/site/?eventid=1953139 by April
take appropriate action before the exemption’s 25, 2017. Attendees should arrive at the
1152.50(d)(1) (notice to governmental effective date.
agencies) have been met. 2 Each OFA must be accompanied by the filing U.S. DOT Headquarters Building by 8:30
As a condition to this exemption, any fee, which is currently set at $1,700. See 49 CFR a.m. to allow sufficient time to clear
employee adversely affected by the 1002.2(f)(25). security. FMCSA requests that questions

VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1
Document Created: 2017-04-03 23:53:43
Document Modified: 2017-04-03 23:53:43
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		82 FR 16469