82_FR_37805 82 FR 37651 - SMS Rail Service, Inc.-Abandonment Exemption-in Gloucester County, N.J.

82 FR 37651 - SMS Rail Service, Inc.-Abandonment Exemption-in Gloucester County, N.J.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37651-37652
FR Document2017-17007

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017) 
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37651-37652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17007]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1095 (Sub-No. 2X)]


SMS Rail Service, Inc.--Abandonment Exemption--in Gloucester 
County, N.J.

    SMS Rail Service, Inc. (SMS), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon approximately 5.8 miles of rail line (the Line) within the 970-
acre refinery owned by Paulsboro Refining Company, LLC (PRC), in 
Paulsboro, Gloucester

[[Page 37652]]

County, N.J.\1\ The Line traverses United States Postal Service Zip 
Code 08066.
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    \1\ The Line is the same line as to which the Board granted 
PRC's application for adverse abandonment against SMS in December 
2014. See Paulsboro Refining Co.--Adverse Aban.--in Gloucester Cty., 
N.J., AB 1095 (Sub-No. 1) (STB served Dec. 2, 2014). That decision 
later was vacated at the parties' joint request due to settlement. 
Paulsboro Refining Co.--Adverse Aban.--in Gloucester Cty., N.J., AB 
1095 (Sub-No. 1) (STB served June 19, 2015).
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    SMS has certified that: (1) 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; (2) 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 (3) 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.\2\
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    \2\ To qualify for the two-year out-of-service class exemption, 
a carrier must also certify that ``no local traffic has moved over 
the line for at least 2 years,'' 49 CFR 1152.50(b). Here, SMS 
certifies that ``no rail traffic has been transported by SMS over 
[the Line] . . . for at least two years.'' (Notice, App. 1 at 1 
(emphasis added).) In light of the unique circumstances of this case 
(including, among other things, the recent adverse abandonment 
proceeding pertaining to the Line), the Board has waived 1152.50(b) 
to the extent, if any, that SMS's certification could be deemed not 
to meet the requirement of that regulation. SMS Rail Serv., Inc.--
Aban. Exemption--in Gloucester Cty., N.J. (July Decision), AB 1095 
(Sub-No. 2X), slip op. at 1 (STB served July 13, 2017).
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    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 10, 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 21, 2017. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 31, 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 any 
environmental issues raised 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 fee will become $1,800. See Regulations 
Governing Fees for Servs. Performed in Connection with Licensing & 
Related Servs.--2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 
20 (STB served July 28, 2017).
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    A copy of any petition filed with the Board should be sent to 
Robert A. Klein, Berkowitz Klein, LLP, 629 B Swedesford Road, 
Swedesford Corporate Center, Malvern, PA 19355-1530.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Combined environmental and historic reports that addressed the 
effects, if any, of abandonment of the Line on the environment and 
historic resources were prepared and submitted to the Board as part of 
PRC's adverse abandonment application for the Line in Docket No. AB 
1095 (Sub-No. 1). The Board's Office of Environmental Analysis (OEA) 
issued an Environmental Assessment (EA) in that proceeding on February 
12, 2014, concluding that the proposed abandonment would not 
significantly impact the quality of the human environment and 
recommending no environmental mitigation conditions. Following the 
public comment period, OEA issued a final EA in which it recommended no 
environmental mitigation conditions. In its decision granting PRC's 
adverse abandonment application, the Board adopted OEA's analysis and 
found that the proposed abandonment, if implemented, would not 
significantly affect the quality of the human environment and that no 
environmental conditions were needed. See Paulsboro Refining Co.--
Adverse Aban.--in Gloucester Cty., N.J., AB 1095 (Sub-No. 1), slip op. 
at 6 (STB served Dec. 2, 2014). In the July Decision, the Board found 
that the environmental review conducted in Docket No. AB 1095 (Sub-No. 
1) satisfies the agency's obligations under the National Environmental 
Policy Act, 42 U.S.C. 4321, and the National Historic Preservation Act, 
54 U.S.C. 300101 et seq., in this case and therefore waived the 
environmental and historic reporting requirements under 49 CFR 1105.7 
and 1105.8 for this proceeding.
    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), SMS 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 SMS's filing of a notice of 
consummation by August 13, 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:

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-17007 Filed 8-10-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37651 that week’s activities the Small Business following areas have been determined to Administration, Processing and Administration (SBA) issues recognition be adversely affected by the disaster: Disbursement Center, 14925 Kingsport awards to various small business Primary Counties: Yavapai Road, Fort Worth, TX 76155. owners, entrepreneurs and advocates. Contiguous Counties: FOR FURTHER INFORMATION CONTACT: Award nominees and nominators Arizona: Coconino, Gila, La Paz, A. Escobar, Office of Disaster submit this information to SBA for use Maricopa, Mohave. Assistance, U.S. Small Business in evaluating their eligibility for an The Interest Rates are: Administration, 409 3rd Street SW., award, verifying accuracy of Suite 6050, Washington, DC 20416, information submitted, and determining Percent (202) 205–6734. whether there are any actual or potential SUPPLEMENTARY INFORMATION: Notice is conflicts of interest. For Physical Damage: Homeowners with Credit Avail- hereby given that as a result of the Summary of Information Collections: President’s major disaster declaration on able Elsewhere ...................... 3.500 Title: Small Business Administration Homeowners without Credit 08/05/2017, Private Non-Profit Award Nomination. Available Elsewhere .............. 1.750 organizations that provide essential Description of Respondents: Small Businesses with Credit Avail- services of a governmental nature may Business Owners and Advocates who able Elsewhere ...................... 6.610 file disaster loan applications at the have been nominated for an SBA Businesses without Credit address listed above or other locally recognition award. Available Elsewhere .............. 3.305 Non-Profit Organizations with announced locations. Form Number: 3300–3314. Incident: Flooding. Estimated Annual Responses: 600. Credit Available Elsewhere ... 2.500 Non-Profit Organizations with- Incident Period: 06/07/2017 through Estimated Annual Hour Burden: 900. 06/22/2017. out Credit Available Else- Curtis B. Rich, where ..................................... 2.500 The following areas have been Management Analyst. For Economic Injury: determined to be adversely affected by Businesses & Small Agricultural the disaster: [FR Doc. 2017–16991 Filed 8–10–17; 8:45 am] Cooperatives without Credit BILLING CODE 8025–01–P Primary Areas: Fremont and Park Available Elsewhere .............. 3.305 Non-Profit Organizations with- Counties and the Wind River out Credit Available Else- Reservation within Fremont County. SMALL BUSINESS ADMINISTRATION where ..................................... 2.500 The Interest Rates are: [Disaster Declaration #15230 and #15231; ARIZONA Disaster Number AZ–00050] The number assigned to this disaster Percent for physical damage is 15230 6 and for economic injury is 15231 0. For Physical Damage: Administrative Declaration of a The State which received an EIDL Non-Profit Organizations with Disaster for the State of Arizona Credit Available Elsewhere ... 2.500 Declaration # is Arizona. Non-Profit Organizations with- AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance out Credit Available Else- Administration. Number 59008) where ..................................... 2.500 ACTION: Notice. For Economic Injury: Dated: August 3, 2017. Non-Profit Organizations with- SUMMARY: This is a notice of an Linda E. McMahon, out Credit Available Else- Administrative declaration of a disaster Administrator. where ..................................... 2.500 for the State of Arizona dated 08/03/ [FR Doc. 2017–16956 Filed 8–10–17; 8:45 am] 2017. BILLING CODE 8025–01–P The number assigned to this disaster Incident: Post-fire Flooding from for physical damage is 152386 and for Monsoon Storms. economic injury is 152390. Incident Period: 07/19/2017 and SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance continuing. Number 59008) [Disaster Declaration #15238 and #15239; DATES: Issued on 08/03/2017. WYOMING Disaster Number WY–00039] James E. Rivera Physical Loan Application Deadline Presidential Declaration of a Major Associate Administrator for Disaster Date: 10/02/2017. Assistance. Economic Injury (EIDL) Loan Disaster for Public Assistance Only for the State of Wyoming [FR Doc. 2017–16913 Filed 8–10–17; 8:45 am] Application Deadline Date: 05/03/2018. BILLING CODE 8025–01–P ADDRESS: Submit completed loan AGENCY: U.S. Small Business applications to: U.S. Small Business Administration. Administration, Processing and ACTION: Notice. SURFACE TRANSPORTATION BOARD Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. SUMMARY: This is a Notice of the [Docket No. AB 1095 (Sub-No. 2X)] FOR FURTHER INFORMATION CONTACT: A. Presidential declaration of a major Escobar, Office of Disaster Assistance, disaster for Public Assistance Only for SMS Rail Service, Inc.—Abandonment U.S. Small Business Administration, the State of Wyoming (FEMA–4327– Exemption—in Gloucester County, N.J. asabaliauskas on DSKBBXCHB2PROD with NOTICES 409 3rd Street SW., Suite 6050, DR), dated 08/05/2017. SMS Rail Service, Inc. (SMS), has Washington, DC 20416, (202) 205–6734. DATES: Issued on 08/05/2017. filed a verified notice of exemption SUPPLEMENTARY INFORMATION: Notice is Physical Loan Application Deadline under 49 CFR pt. 1152 subpart F— hereby given that as a result of the Date: 10/04/2017. Exempt Abandonments to abandon Administrator’s disaster declaration, Economic Injury (EIDL) Loan approximately 5.8 miles of rail line (the applications for disaster loans may be Application Deadline Date: 05/07/2018. Line) within the 970-acre refinery filed at the address listed above or other ADDRESSES: Submit completed loan owned by Paulsboro Refining Company, locally announced locations. The applications to: U.S. Small Business LLC (PRC), in Paulsboro, Gloucester VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

37652 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices County, N.J.1 The Line traverses United file an OFA under 49 CFR reporting requirements under 49 CFR States Postal Service Zip Code 08066. 1152.27(c)(2),4 and interim trail use/rail 1105.7 and 1105.8 for this proceeding. SMS has certified that: (1) No banking requests under 49 CFR 1152.29 Public use or trail use/rail banking overhead traffic has moved over the must be filed by August 21, 2017. conditions will be imposed, where Line for at least two years and overhead Petitions to reopen or requests for appropriate, in a subsequent decision. traffic, if there were any, could be public use conditions under 49 CFR Pursuant to the provisions of 49 CFR rerouted over other lines; (2) no formal 1152.28 must be filed by August 31, 1152.29(e)(2), SMS shall file a notice of complaint filed by a user of rail service 2017, with the Surface Transportation consummation with the Board to signify on the Line (or by a state or local Board, 395 E Street SW., Washington, that it has exercised the authority government entity acting on behalf of DC 20423–0001. granted and fully abandoned the Line. If such user) regarding cessation of service A copy of any petition filed with the consummation has not been effected by over the Line either is pending with the Board should be sent to Robert A. Klein, SMS’s filing of a notice of Surface Transportation Board (Board) or Berkowitz Klein, LLP, 629 B Swedesford consummation by August 13, 2017, and with any U.S. District Court or has been Road, Swedesford Corporate Center, there are no legal or regulatory barriers decided in favor of a complainant Malvern, PA 19355–1530. to consummation, the authority to within the two-year period; and (3) the If the verified notice contains false or abandon will automatically expire. requirements at 49 CFR 1105.7(c) misleading information, the exemption Board decisions and notices are (environmental report), 49 CFR 1105.11 is void ab initio. available on our Web site at (transmittal letter), 49 CFR 1105.12 Combined environmental and historic ‘‘WWW.STB.GOV.’’ (newspaper publication), and 49 CFR reports that addressed the effects, if any, Decided: 1152.50(d)(1) (notice to governmental of abandonment of the Line on the By the Board, Rachel D. Campbell, agencies) have been met.2 environment and historic resources Director, Office of Proceedings. As a condition to this exemption, any were prepared and submitted to the Kenyatta Clay, employee adversely affected by the Board as part of PRC’s adverse Clearance Clerk. abandonment shall be protected under abandonment application for the Line in [FR Doc. 2017–17007 Filed 8–10–17; 8:45 am] Oregon Short Line Railroad— Docket No. AB 1095 (Sub-No. 1). The BILLING CODE 4915–01–P Abandonment Portion Goshen Branch Board’s Office of Environmental Between Firth & Ammon, in Bingham & Analysis (OEA) issued an Bonneville Counties, Idaho, 360 I.C.C. Environmental Assessment (EA) in that 91 (1979). To address whether this proceeding on February 12, 2014, OFFICE OF THE UNITED STATES condition adequately protects affected concluding that the proposed TRADE REPRESENTATIVE employees, a petition for partial abandonment would not significantly [Docket Number USTR–2017–0014] revocation under 49 U.S.C. 10502(d) impact the quality of the human must be filed. environment and recommending no Generalized System of Preferences Provided no formal expression of environmental mitigation conditions. (GSP): Initiation of the 2017 Annual intent to file an offer of financial Following the public comment period, GSP Product and Country Practices assistance (OFA) has been received, this OEA issued a final EA in which it Review; Deadlines for Filing Petitions; exemption will be effective on recommended no environmental Notice of Change in Country Practices September 10, 2017, unless stayed mitigation conditions. In its decision Hearing pending reconsideration. Petitions to granting PRC’s adverse abandonment AGENCY: Office of the United States stay that do not involve environmental application, the Board adopted OEA’s Trade Representative. issues,3 formal expressions of intent to analysis and found that the proposed ACTION: Notice of public hearing and abandonment, if implemented, would 1 The Line is the same line as to which the Board not significantly affect the quality of the request for petitions and comments. granted PRC’s application for adverse abandonment human environment and that no against SMS in December 2014. See Paulsboro SUMMARY: The Office of the United Refining Co.—Adverse Aban.—in Gloucester Cty., environmental conditions were needed. States Trade Representative (USTR) will N.J., AB 1095 (Sub-No. 1) (STB served Dec. 2, 2014). See Paulsboro Refining Co.—Adverse consider petitions to modify the list of That decision later was vacated at the parties’ joint Aban.—in Gloucester Cty., N.J., AB 1095 articles that are eligible for duty-free request due to settlement. Paulsboro Refining Co.— (Sub-No. 1), slip op. at 6 (STB served Adverse Aban.—in Gloucester Cty., N.J., AB 1095 treatment under the Generalized System (Sub-No. 1) (STB served June 19, 2015). Dec. 2, 2014). In the July Decision, the of Preferences (GSP) program, and to 2 To qualify for the two-year out-of-service class Board found that the environmental modify the GSP status of certain GSP exemption, a carrier must also certify that ‘‘no local review conducted in Docket No. AB beneficiary developing countries traffic has moved over the line for at least 2 years,’’ 1095 (Sub-No. 1) satisfies the agency’s because of country practices. 49 CFR 1152.50(b). Here, SMS certifies that ‘‘no rail obligations under the National traffic has been transported by SMS over [the Line] USTR is extending the previously . . . for at least two years.’’ (Notice, App. 1 at 1 Environmental Policy Act, 42 U.S.C. announced hearing on Bolivia’s country (emphasis added).) In light of the unique 4321, and the National Historic practices to include a second day to circumstances of this case (including, among other Preservation Act, 54 U.S.C. 300101 et provide interested parties with an things, the recent adverse abandonment proceeding seq., in this case and therefore waived pertaining to the Line), the Board has waived opportunity to submit testimony on the 1152.50(b) to the extent, if any, that SMS’s the environmental and historic following country practice petitions asabaliauskas on DSKBBXCHB2PROD with NOTICES certification could be deemed not to meet the accepted in previous years that continue requirement of that regulation. SMS Rail Serv., appropriate action before the exemption’s effective to be under review: Argentina, Ecuador, Inc.—Aban. Exemption—in Gloucester Cty., N.J. date. (July Decision), AB 1095 (Sub-No. 2X), slip op. at 4 Each OFA must be accompanied by the filing Georgia, Indonesia, Iraq, Laos, Thailand, 1 (STB served July 13, 2017). fee, which is currently set at $1,700. See 49 CFR Ukraine, and Uzbekistan. 3 The Board will grant a stay if an informed 1002.2(f)(25). Effective September 1, 2017, the fee USTR will announce the procedures decision on any environmental issues raised cannot will become $1,800. See Regulations Governing to receive petitions requesting waivers be made before the exemption’s effective date. See Fees for Servs. Performed in Connection with Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 Licensing & Related Servs.—2017 Update, EP 542 of competitive need limitations (CNLs) (1989). Any request for a stay should be filed as (Sub-No. 25), slip op. App. C at 20 (STB served July and the schedule for a public hearing on soon as possible so that the Board may take 28, 2017). the product review petitions and any VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1


Document Created: 2018-10-24 11:47:14
Document Modified: 2018-10-24 11:47:14
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
FR Citation82 FR 37651 
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