82 FR 36182 - Norfolk Southern Railway Company-Abandonment Exemption-in Atlanta, Ga.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 148 (August 3, 2017)

Page Range		36182-36182
FR Document		2017-16356
Federal Register, Volume 82 Issue 148 (Thursday, August 3, 2017)
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Page 36182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16356]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 388X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Atlanta, Ga.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption \1\ under 49 CFR part 1152 subpart F--Exempt Abandonments 
to abandon approximately 1.0 mile of rail line between milepost DF 
632.10 and milepost DF 633.10 in Atlanta, Ga. (the Line).\2\ The Line 
traverses United States Postal Service Zip Codes 30324 and 30309.
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    \1\ NSR initially filed its verified notice on March 27, 2017. 
After submitting the filing, NSR discovered that its combined 
Environmental and Historic Reports (E&HR) contained an incorrect 
milepost designation which, when changed, impacted the E&HR. At the 
request of NSR, the proceeding was held in abeyance by a decision 
served on April 5, 2017. NSR now has corrected and reissued its 
E&HR. NSR filed its revised verified notice on July 14, 2017, which 
therefore is the official filing date.
    \2\ NSR states that the Line includes the portion of NSR's 
right-of-way that the Board found not to have been abandoned in 
Atlanta Development Authority--Verified Petition for a Declaratory 
Order, FD 35991, slip op. at 9 (STB served Dec. 15, 2016), 
reconsideration denied, FD 35591 (STB served May 26, 1017). NSR 
states that it plans to convey the easement and wye right-of-way to 
Atlanta BeltLine, Inc. for urban development and to improve the 
City's infrastructure upon consummation of the proposed abandonment.
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    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 September 2, 2017, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by August 11, 2017. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 23, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25). Effective 
September 1, 2017, the filing fee will be $1,800. See Regulations 
Governing Fees for Servs. Performed in Connection with Licensing & 
Related Servs.--2017 Update, EP 542 (Sub-No. 25) (STB served July 
28, 2017).
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    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 August 8, 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 NSR's filing of a notice of 
consummation by August 3, 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: July 31, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-16356 Filed 8-2-17; 8:45 am]
BILLING CODE 4915-01-P
36182 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices

avoid collection of third-party As a condition to this exemption, any matters must be filed within 15 days
information. employee adversely affected by the after the EA becomes available to the
abandonment shall be protected under public.
Edward Ramotowski,
Oregon Short Line Railroad— Environmental, historic preservation,
Deputy Assistant Secretary, Bureau of Abandonment Portion Goshen Branch public use, or trail use/rail banking
Consular Affairs, Department of State.
Between Firth & Ammon, in Bingham & conditions will be imposed, where
[FR Doc. 2017–16343 Filed 8–2–17; 8:45 am] Bonneville Counties, Idaho, 360 I.C.C. appropriate, in a subsequent decision.
BILLING CODE 4710–06–P 91 (1979). To address whether this Pursuant to the provisions of 49 CFR
condition adequately protects affected 1152.29(e)(2), NSR shall file a notice of
employees, a petition for partial consummation with the Board to signify
SURFACE TRANSPORTATION BOARD revocation under 49 U.S.C. 10502(d) that it has exercised the authority
must be filed. granted and fully abandoned the Line. If
[Docket No. AB 290 (Sub–No. 388X)] Provided no formal expression of consummation has not been effected by
intent to file an offer of financial NSR’s filing of a notice of
Norfolk Southern Railway Company— assistance (OFA) has been received, this consummation by August 3, 2018, and
Abandonment Exemption—in Atlanta, exemption will be effective on there are no legal or regulatory barriers
Ga. September 2, 2017, unless stayed to consummation, the authority to
Norfolk Southern Railway Company pending reconsideration. Petitions to abandon will automatically expire.
stay that do not involve environmental Board decisions and notices are
(NSR) has filed a verified notice of
issues,3 formal expressions of intent to available on our Web site at
exemption 1 under 49 CFR part 1152
file an OFA under 49 CFR ‘‘WWW.STB.GOV.’’
subpart F—Exempt Abandonments to
1152.27(c)(2),4 and interim trail use/rail
abandon approximately 1.0 mile of rail Decided: July 31, 2017.
banking requests under 49 CFR 1152.29
line between milepost DF 632.10 and By the Board, Rachel D. Campbell,
must be filed by August 11, 2017.
milepost DF 633.10 in Atlanta, Ga. (the Director, Office of Proceedings.
Petitions to reopen or requests for
Line).2 The Line traverses United States Marline Simeon,
public use conditions under 49 CFR
Postal Service Zip Codes 30324 and Clearance Clerk.
1152.28 must be filed by August 23,
30309. [FR Doc. 2017–16356 Filed 8–2–17; 8:45 am]
2017, with the Surface Transportation
NSR has certified that: (1) No local
Board, 395 E Street SW., Washington, BILLING CODE 4915–01–P
traffic has moved over the Line for at DC 20423–0001.
least two years; (2) no overhead traffic A copy of any petition filed with the
has moved over the Line for at least two Board should be sent to William A. DEPARTMENT OF TRANSPORTATION
years and overhead traffic, if there were Mullins, Baker & Miller PLLC, 2401
any, could be rerouted over other lines; Pennsylvania Ave. NW., Suite 300, Federal Motor Carrier Safety
(3) no formal complaint filed by a user Washington, DC 20037. Administration
of rail service on the Line (or by a state If the verified notice contains false or
or local government entity acting on [Docket No. FMCSA–2015–0239]
misleading information, the exemption
behalf of such user) regarding cessation is void ab initio. Parts and Accessories Necessary for
of service over the Line either is NSR has filed a combined Safe Operation; Hino Motors
pending with the Surface environmental and historic report that Manufacturing U.S.A., Inc.
Transportation Board (Board) or with addresses the effects, if any, of the
any U.S. District Court or has been abandonment on the environment and AGENCY: Federal Motor Carrier Safety
decided in favor of a complainant historic resources. OEA will issue an Administration (FMCSA), DOT.
within the two-year period; and (4) the environmental assessment (EA) by ACTION: Notice of final disposition.
requirements at 49 CFR 1105.7(c) August 8, 2017. Interested persons may
(environmental report), 49 CFR 1105.11 obtain a copy of the EA by writing to SUMMARY: The Federal Motor Carrier
(transmittal letter), 49 CFR 1105.12 OEA (Room 1100, Surface Safety Administration (FMCSA)
(newspaper publication), and 49 CFR Transportation Board, Washington, DC announces its decision to grant Hino
1152.50(d)(1) (notice to governmental 20423–0001) or by calling OEA at (202) Motors Manufacturing U.S.A., Inc.’s
agencies) have been met. 245–0305. Assistance for the hearing (Hino) application for a limited 5-year
impaired is available through the exemption allowing motor carriers
1 NSR initially filed its verified notice on March
Federal Information Relay Service at operating commercial motor vehicles
27, 2017. After submitting the filing, NSR (800) 877–8339. Comments on (CMVs) manufactured by the company
discovered that its combined Environmental and to use an Automated Emergency Braking
Historic Reports (E&HR) contained an incorrect environmental and historic preservation
milepost designation which, when changed,
(AEB) system and a Lane Departure
impacted the E&HR. At the request of NSR, the 3 The Board will grant a stay if an informed Warning (LDW) system camera mounted
proceeding was held in abeyance by a decision decision on environmental issues (whether raised in the windshield area at a height lower
served on April 5, 2017. NSR now has corrected by a party or by the Board’s Office of Environmental than currently allowed. The Agency has
and reissued its E&HR. NSR filed its revised Analysis (OEA) in its independent investigation)
verified notice on July 14, 2017, which therefore is cannot be made before the exemption’s effective
determined that lower placement of the
the official filing date. date. See Exemption of Out-of-Serv. Rail Lines, 5 AEB/LDW system camera would not
2 NSR states that the Line includes the portion of I.C.C.2d 377 (1989). Any request for a stay should have an adverse impact on safety and
NSR’s right-of-way that the Board found not to have be filed as soon as possible so that the Board may that adherence to the terms and
mstockstill on DSK30JT082PROD with NOTICES

been abandoned in Atlanta Development take appropriate action before the exemption’s
effective date.
conditions of the exemption would
Authority—Verified Petition for a Declaratory
Order, FD 35991, slip op. at 9 (STB served Dec. 15, 4 Each OFA must be accompanied by the filing achieve a level of safety equivalent to or
2016), reconsideration denied, FD 35591 (STB fee, which is currently set at $1,700. See 49 CFR greater than the level of safety provided
served May 26, 1017). NSR states that it plans to 1002.2(f)(25). Effective September 1, 2017, the filing by the regulation.
convey the easement and wye right-of-way to fee will be $1,800. See Regulations Governing Fees
DATES: This exemption is effective
Atlanta BeltLine, Inc. for urban development and to for Servs. Performed in Connection with Licensing
improve the City’s infrastructure upon & Related Servs.—2017 Update, EP 542 (Sub-No. August 3, 2017 and ending August 3,
consummation of the proposed abandonment. 25) (STB served July 28, 2017). 2022.

VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1
Document Created: 2017-08-03 07:24:54
Document Modified: 2017-08-03 07:24:54
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 36182