82_FR_31062 82 FR 30936 - United States Department of Energy and United States Department of Defense v. Baltimore & Ohio Railroad Company, et al.; United States Department of Energy and United States Department of Defense v. Aberdeen & Rockfish Railroad Company, et al.

82 FR 30936 - United States Department of Energy and United States Department of Defense v. Baltimore & Ohio Railroad Company, et al.; United States Department of Energy and United States Department of Defense v. Aberdeen & Rockfish Railroad Company, et al.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30936-30937
FR Document2017-13966

The Surface Transportation Board (Board) has approved the settlement agreement (Agreement) proposed by the United States Department of Energy and the United States Department of Defense (together, the Government) and Norfolk Southern Railway Company (NSR); prescribed the Agreement's rate update methodologies (as slightly amended), maximum revenue-to-variable cost (R/VC) ratios, and rates; dismissed NSR as a defendant in these proceedings; extinguished all of NSR's liability (including that of its predecessors and subsidiaries) for reparations; relieved NSR from any further requirement to participate in these proceedings, except in response to a properly issued subpoena under the Board's rules; and continued to hold the proceedings in abeyance pending further settlement negotiations.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30936-30937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13966]


=======================================================================
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SURFACE TRANSPORTATION BOARD

[Docket No. NOR 38302S; Docket No. NOR 38376S]


United States Department of Energy and United States Department 
of Defense v. Baltimore & Ohio Railroad Company, et al.; United States 
Department of Energy and United States Department of Defense v. 
Aberdeen & Rockfish Railroad Company, et al.

AGENCY: Surface Transportation Board.

ACTION: Final Decision.

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

SUMMARY: The Surface Transportation Board (Board) has approved the 
settlement agreement (Agreement) proposed by the United States 
Department of Energy and the United States Department of Defense 
(together, the Government) and Norfolk Southern Railway Company (NSR); 
prescribed the Agreement's rate update methodologies (as slightly 
amended), maximum revenue-to-variable cost (R/VC) ratios, and rates; 
dismissed NSR as a defendant in these proceedings; extinguished all of 
NSR's liability (including that of its predecessors and subsidiaries) 
for reparations; relieved NSR from any further requirement to 
participate in these proceedings, except in response to a properly 
issued subpoena under the Board's rules; and continued to hold the 
proceedings in abeyance pending further settlement negotiations.

DATES: Effective Date: The decision is effective on July 28, 2017.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe, (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In a decision served on June 28, 2017, the 
Board, under 49 U.S.C. 10704, approved the Agreement negotiated by the 
Government and NSR to settle these rate

[[Page 30937]]

reasonableness complaints as between them only. The Agreement--which 
applies broadly to the nationwide movement on NSR's rail lines of 
irradiated spent fuel, parts, and constituents; spent fuel moving from 
foreign countries to the United States for disposal; empty casks; 
radioactive wastes; and buffer and escort cars--will be implemented by 
NSR tendering rate quotations to the Government pursuant to 49 U.S.C. 
10721.
    In addition, the Board: (1) Uprescribed the Agreement's rate update 
methodologies (as slightly amended), maximum R/VC ratios, and rates; 
(2) dismissed NSR as a defendant in these proceedings; (3) extinguished 
all of NSR's liability (including that of its predecessors and 
subsidiaries) for reparations; (4) relieved NSR from any further 
requirement to participate in these proceedings, except in response to 
a properly issued subpoena under the Board's rules; and (5) continued 
to hold these proceedings in abeyance pending further settlement 
negotiations.
    The Board's decision is available on its Web site at www.stb.gov.

    Decided: June 26, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2017-13966 Filed 6-30-17; 8:45 am]
BILLING CODE 4915-01-P



                                                30936                           Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

                                                                                           Percent        • Paper Comments: Only send paper                    Committee to consider. Written
                                                                                                       comments that contain privileged or                     comments from outside interested
                                                For Physical Damage:                                   confidential information (within the                    parties regarding the Libya request must
                                                   Non-Profit Organizations with                       meaning of 19 U.S.C. 2605(i)(1)) to: U.S.               be received no later than July 10, 2017,
                                                     Credit Available Elsewhere ...              2.500 Department of State, Bureau of                          at 11:59 p.m. (EDT). Your written
                                                   Non-Profit Organizations with-                      Educational and Cultural Affairs—                       comments should relate specifically to
                                                     out Credit Available Else-
                                                     where ..................................... 2.500
                                                                                                       Cultural Heritage Center, SA–5 Floor 5,                 the matters referred to in 19 U.S.C.
                                                For Economic Injury:                                   2200 C St. NW., Washington, DC 20522–                   2602(a)(1).
                                                   Non-Profit Organizations with-                      0505.
                                                                                                                                                               Mark Taplin,
                                                     out Credit Available Else-                        FOR FURTHER INFORMATION CONTACT: To
                                                                                                                                                               Acting Assistant Secretary, Bureau of
                                                     where ..................................... 2.500 pre-register for the meeting or for
                                                                                                                                                               Educational and Cultural Affairs, U.S.
                                                                                                       general questions concerning the                        Department of State.
                                                   The number assigned to this disaster                meeting, contact the Bureau of                          [FR Doc. 2017–13933 Filed 6–30–17; 8:45 am]
                                                for physical damage is 15189B and for                  Educational and Cultural Affairs—                       BILLING CODE 4710–05–P
                                                economic injury is 15190B.                             Cultural Heritage Center by phone, (202)
                                                (Catalog of Federal Domestic Assistance                632–6301, or mail: CulProp@state.gov.
                                                Number 59008)                                          SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                                                                               SURFACE TRANSPORTATION BOARD
                                                James E. Rivera,                                       to section 306(e)(2) of the Convention
                                                                                                       on Cultural Property Implementation                     [Docket No. NOR 38302S; Docket No. NOR
                                                Associate Administrator for Disaster
                                                Assistance.                                            Act (5 U.S.C. 2601 et seq.) (‘‘the Act’’),              38376S]
                                                                                                       the Acting Assistant Secretary of State
                                                [FR Doc. 2017–13916 Filed 6–30–17; 8:45 am]                                                                    United States Department of Energy
                                                                                                       for Educational and Cultural Affairs
                                                BILLING CODE 8025–01–P
                                                                                                       calls a meeting of the Cultural Property                and United States Department of
                                                                                                       Advisory Committee (‘‘the Committee’’).                 Defense v. Baltimore & Ohio Railroad
                                                                                                       The Committee’s responsibilities are                    Company, et al.; United States
                                                DEPARTMENT OF STATE                                    carried out in accordance with                          Department of Energy and United
                                                [Public Notice 10052]                                  provisions of the Act. A portion of this                States Department of Defense v.
                                                                                                       meeting will be closed to the public                    Aberdeen & Rockfish Railroad
                                                Cultural Property Advisory Committee; pursuant to 5 U.S.C. 552b(c)(9)(B) and                                   Company, et al.
                                                Notice of Meeting                                      19 U.S.C. 2605.                                         AGENCY:    Surface Transportation Board.
                                                                                                          Meeting Agenda: The Committee will
                                                AGENCY: Department of State.                                                                                   ACTION:   Final Decision.
                                                                                                       review the request by the Government of
                                                ACTION: Notice of a meeting.                           Libya seeking import restrictions on                    SUMMARY:    The Surface Transportation
                                                                                                       archaeological and ethnological                         Board (Board) has approved the
                                                SUMMARY: The Department of State is
                                                                                                       material.                                               settlement agreement (Agreement)
                                                issuing this notice to announce the
                                                                                                          Open Session Participation: An open                  proposed by the United States
                                                location, date, time and agenda for the
                                                                                                       session of the meeting to receive oral                  Department of Energy and the United
                                                next meeting of the Cultural Property
                                                                                                       public comments on the Libya request                    States Department of Defense (together,
                                                Advisory Committee.
                                                                                                       will be held Wednesday, July 19, 2017,                  the Government) and Norfolk Southern
                                                DATES AND TIME: Wednesday, July 19 and from 1:00 p.m. to 2:00 p.m. (EDT). The
                                                Thursday, July 20, 2017, 11:00 a.m. to                                                                         Railway Company (NSR); prescribed the
                                                                                                       text of the Act and a public summary of                 Agreement’s rate update methodologies
                                                5:00 p.m. (EDT). An open session of the the Government of Libya’s request may
                                                Cultural Property Advisory Committee                                                                           (as slightly amended), maximum
                                                                                                       be found at http://                                     revenue-to-variable cost (R/VC) ratios,
                                                will be held on July 19, 2017, 1:00 p.m.               culturalheritage.state.gov.
                                                to 2:00 p.m. (EDT). It will last                                                                               and rates; dismissed NSR as a defendant
                                                                                                          If you wish to make an oral                          in these proceedings; extinguished all of
                                                approximately one hour. Participants                   presentation at the meeting, you must
                                                will participate electronically. Those                                                                         NSR’s liability (including that of its
                                                                                                       request to be scheduled by the above-                   predecessors and subsidiaries) for
                                                who wish to participate in the open                    mentioned date and time, and you must
                                                session should register at http://                                                                             reparations; relieved NSR from any
                                                                                                       submit a written summary of your oral                   further requirement to participate in
                                                culturalheritage.state.gov, which will                 presentation, ensuring that it is received
                                                provide information on how to access                                                                           these proceedings, except in response to
                                                                                                       no later than July 10, 2017, at 11:59 p.m.              a properly issued subpoena under the
                                                the meeting no later than July 10, 2017.               (EDT), via the Regulations.gov Web site
                                                   Written Comments: must be received                                                                          Board’s rules; and continued to hold the
                                                                                                       listed in the ‘‘Comments’’ section above.               proceedings in abeyance pending
                                                no later than July 10, 2017, at 11:59 p.m. Oral comments will be limited to five
                                                (EDT).                                                                                                         further settlement negotiations.
                                                                                                       (5) minutes to allow time for questions
                                                ADDRESSES: The meeting will be held at                                                                         DATES: Effective Date: The decision is
                                                                                                       from members of the Committee. All
                                                the U.S. Department of State, Annex 5,                 oral comments must relate specifically                  effective on July 28, 2017.
                                                2200 C St. NW., Washington, DC.                        to matters referred to in 19 U.S.C.                     FOR FURTHER INFORMATION CONTACT:
                                                Participants will join the meeting                     2602(a)(1), with respect to which the                   Nathaniel Bawcombe, (202) 245–0376.
                                                electronically, with instructions                      Committee makes its findings and                        Assistance for the hearing impaired is
                                                provided at http://culturalheritage.                   recommendations. Oral presentation to                   available through the Federal
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                                                state.gov no later than July 10, 2017.                 the Committee may be requested but,                     Information Relay Service (FIRS) at: 1–
                                                   Comments: Methods of written                        due to time constraints, is not                         800–877–8339.
                                                comment submission are as follows:                     guaranteed.                                             SUPPLEMENTARY INFORMATION: In a
                                                   • Electronic Comments: Use http://                     Written Comments: If you do not wish                 decision served on June 28, 2017, the
                                                www.regulations.gov, enter the docket                  to make oral comments but still wish to                 Board, under 49 U.S.C. 10704, approved
                                                DOS–2017–0028, and follow the                          make your views known, you may                          the Agreement negotiated by the
                                                prompts to submit comments.                            submit written comments for the                         Government and NSR to settle these rate


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                                                                                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices                                             30937

                                                reasonableness complaints as between                    SUPPLEMENTARY INFORMATION:      In                        4. Project Sponsor and Facility:
                                                them only. The Agreement—which                          addition to the actions taken on projects              Chesapeake Appalachia, LLC
                                                applies broadly to the nationwide                       identified in the summary above and the                (Susquehanna River), Wysox Township,
                                                movement on NSR’s rail lines of                         listings below, the following items were               Bradford County, PA. Renewal of
                                                irradiated spent fuel, parts, and                       also presented or acted upon at the                    surface water withdrawal of up to 0.999
                                                constituents; spent fuel moving from                    business meeting: (1) Election of the                  mgd (peak day) (Docket No. 20130304).
                                                foreign countries to the United States for              member from the Federal Government                        5. Project Sponsor and Facility:
                                                disposal; empty casks; radioactive                      as Chair of the Commission and the                     Chesapeake Appalachia, LLC
                                                wastes; and buffer and escort cars—will                 member from the State of New York as                   (Wyalusing Creek), Rush Township,
                                                be implemented by NSR tendering rate                    the Vice Chair of the Commission for                   Susquehanna County, PA. Surface water
                                                quotations to the Government pursuant                   the period of July 1, 2017, to June 30,                withdrawal of up to 0.715 mgd (peak
                                                to 49 U.S.C. 10721.                                     2018; (2) adoption of FY2018 Regulatory                day).
                                                   In addition, the Board: (1)                          Program Fee Schedule, effective July 1,                   6. Project Sponsor and Facility: DS
                                                Uprescribed the Agreement’s rate                        2017; (3) adoption of a preliminary                    Services of America, Inc., Clay
                                                update methodologies (as slightly                       FY2019 budget for the period July 1,                   Township, Lancaster County, PA.
                                                amended), maximum R/VC ratios, and                      2018, to June 30, 2019; (4) authorization              Groundwater withdrawal of up to 0.028
                                                rates; (2) dismissed NSR as a defendant                 to execute a treasury management                       mgd (30-day average) from existing Well
                                                in these proceedings; (3) extinguished                  services agreement with First National                 4.
                                                all of NSR’s liability (including that of               Bank; (5) approval/ratification of a grant                7. Project Sponsor and Facility: DS
                                                its predecessors and subsidiaries) for                  agreement, two contracts and a bank                    Services of America, Inc., Clay
                                                reparations; (4) relieved NSR from any                  loan payoff; (6) approval of a                         Township, Lancaster County, PA.
                                                further requirement to participate in                   rulemaking action to clarify application               Groundwater withdrawal of up to 0.042
                                                these proceedings, except in response to                requirements and standards for review                  mgd (30-day average) from existing Well
                                                a properly issued subpoena under the                    of projects, amend the rules dealing                   5.
                                                Board’s rules; and (5) continued to hold                with the mitigation of consumptive                        8. Project Sponsor and Facility:
                                                these proceedings in abeyance pending                   uses, add a subpart to provide for                     Ephrata Area Joint Authority, Ephrata
                                                further settlement negotiations.                        registration of grandfathered projects                 Borough, Lancaster County, PA.
                                                   The Board’s decision is available on                 and revise requirements dealing with                   Modification to request a combined
                                                its Web site at www.stb.gov.                            hearings and enforcement actions; (7)                  withdrawal limit for Well 1, Cocalico
                                                                                                        denied a request for waiver from EOG                   Creek, and Mountain Home Springs of
                                                  Decided: June 26, 2017.                                                                                      2.310 mgd (30-day average) (Docket No.
                                                  By the Board, Board Members Begeman,
                                                                                                        Resources Inc.; (8) tabled a request for
                                                                                                        waiver from Middletown Borough; (9)                    20110902).
                                                Elliott, and Miller.                                                                                              9. Project Sponsor and Facility:
                                                Tammy Lowery,
                                                                                                        approval to extend the term of an
                                                                                                                                                               Equipment Transport, LLC
                                                                                                        emergency certificate with Susquehanna
                                                Clearance Clerk.                                                                                               (Susquehanna River), Great Bend
                                                                                                        Nuclear, LLC until terminated by the
                                                [FR Doc. 2017–13966 Filed 6–30–17; 8:45 am]                                                                    Township, Susquehanna County, PA.
                                                                                                        Executive Director; (10) adoption of the
                                                BILLING CODE 4915–01–P                                                                                         Renewal of surface water withdrawal of
                                                                                                        FY2018–2019 Water Resources Program;
                                                                                                                                                               up to 1.000 mgd (peak day) (Docket No.
                                                                                                        (11) adoption of amendments to the
                                                                                                                                                               20130613).
                                                                                                        Comprehensive Plan for the Water                          10. Project Sponsor and Facility: Kraft
                                                SUSQUEHANNA RIVER BASIN                                 Resources of the Susquehanna River                     Heinz Foods Company, Town of
                                                COMMISSION                                              Basin; and (12) a report on delegated                  Campbell, Steuben County, NY.
                                                                                                        settlements with the following project                 Renewal of groundwater withdrawal of
                                                Actions Taken at June 16, 2017,                         sponsors, pursuant to SRBC Resolution                  up to 0.299 mgd (30-day average) from
                                                Meeting                                                 2014–15: Albany International Corp., in                Well 3 (Docket No. 19860203).
                                                                                                        the amount of $8,500; and Tanglewood                      11. Project Sponsor and Facility:
                                                AGENCY: Susquehanna River Basin                         Manor, Inc., in the amount of $2,500.
                                                Commission.                                                                                                    Mount Joy Borough Authority, Mount
                                                                                                        Project Applications Approved                          Joy Borough, Lancaster County, PA.
                                                ACTION: Notice.
                                                                                                                                                               Modification to request a reduction of
                                                                                                          The Commission approved the                          the maximum instantaneous rate for
                                                SUMMARY:   As part of its regular business              following project applications:
                                                meeting held on June 16, 2017, in                                                                              Well 3 from the previously approved
                                                                                                          1. Project Sponsor and Facility: Town                rate of 1,403 gpm to 778 gpm and revise
                                                Entriken, Pennsylvania, the Commission
                                                                                                        of Big Flats, Chemung County, NY.                      the passby to be consistent with current
                                                took the following actions: (1) Approved
                                                                                                        Groundwater withdrawal of up to 0.778                  Commission policy (Docket No.
                                                or tabled the applications of certain
                                                                                                        mgd (30-day average) from Well 1–1.                    20070607). The previously approved
                                                water resources projects; and (2) took
                                                                                                          2. Project Sponsor and Facility:                     withdrawal rate of 1.020 mgd (30-day
                                                additional actions, as set forth in the
                                                                                                        Michael and Sandra Buhler (Bennett                     average) will remain unchanged.
                                                SUPPLEMENTARY INFORMATION below.
                                                                                                        Branch Sinnemahoning Creek), Huston                       12. Project Sponsor: P.H. Glatfelter
                                                DATES: June 16, 2017.                                   Township, Clearfield County, PA.                       Company. Project Facility: Paper/Pulp
                                                ADDRESSES: Susquehanna River Basin                      Renewal of surface water withdrawal of                 Mill and Cogen Operations (Codorus
                                                Commission, 4423 N. Front Street,                       up to 0.999 mgd (peak day) (Docket No.                 Creek), Spring Grove Borough, York
                                                Harrisburg, PA 17110–1788.                              20130603).
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                                                                                                                                                               County, PA. Renewal of surface water
                                                FOR FURTHER INFORMATION CONTACT:                          3. Project Sponsor and Facility:                     withdrawal of up to 16.000 mgd (peak
                                                Jason E. Oyler, General Counsel,                        Chesapeake Appalachia, LLC                             day) (Docket No. 19860602).
                                                telephone: 717–238–0423, ext. 1312;                     (Susquehanna River), Mehoopany                            13. Project Sponsor: P.H. Glatfelter
                                                fax: 717–238–2436; joyler@srbc.net.                     Township, Wyoming County, PA.                          Company. Project Facility: Paper/Pulp
                                                Regular mail inquiries may be sent to                   Renewal of surface water withdrawal of                 Mill and Cogen Operations, Spring
                                                the above address. See also Commission                  up to 0.999 mgd (peak day) (Docket No.                 Grove Borough, York County, PA.
                                                Web site at www.srbc.net.                               20130303).                                             Renewal of consumptive water use of up


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Document Created: 2018-11-14 10:20:09
Document Modified: 2018-11-14 10:20:09
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
ActionFinal Decision.
DatesEffective Date: The decision is effective on July 28, 2017.
ContactNathaniel Bawcombe, (202) 245-0376. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: 1-800-877-8339.
FR Citation82 FR 30936 

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