82 FR 57021 - Norfolk Southern Railway Company-Abandonment Exemption-in Aurora, Portage County, Ohio; Cleveland Commercial Railroad Company, LLC-Discontinuance of Lease and Operation Authority-in Aurora, Portage County, Ohio

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 230 (December 1, 2017)

Page Range		57021-57022
FR Document		2017-25932

Federal Register, Volume 82 Issue 230 (Friday, December 1, 2017)

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 57021-57022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25932]


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SURFACE TRANSPORTATION BOARD

[Docket Nos. AB 290 (Sub-No. 394X); AB 1257X]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Aurora, Portage County, Ohio; Cleveland Commercial Railroad Company, 
LLC--Discontinuance of Lease and Operation Authority--in Aurora, 
Portage County, Ohio

    Norfolk Southern Railway Company (NSR) and Cleveland Commercial 
Railroad Company, LLC (CCR) (collectively, Applicants), have jointly 
filed a verified notice of exemption under 49 CFR part 1152 subpart F--
Exempt Abandonments and Discontinuances of Service for NSR to abandon, 
and for CCR to discontinue service over, approximately 5.5 miles of 
rail line between milepost RH 22.0 and milepost RH 27.5 in Aurora, 
Portage County, Ohio (the Line).\1\ The Line traverses United States 
Postal Service Zip Codes 44202 and 44255.
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    \1\ In 2009, CCR was authorized to lease and operate the Line as 
part of a longer, 25.3-mile line, pursuant to an agreement with NSR. 
See Cleveland Commercial R.R.--Lease & Operation Exemption--Norfolk 
S. Ry., FD 35251 (STB served May 29, 2009).
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    Applicants have 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 that 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 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 these exemptions, 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, these exemptions will be 
effective on January 2, 2018, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 11, 2017. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 21, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \2\ 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 exemptions' 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 exemptions' effective 
date.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $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 
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 exemptions are void ab initio.
    Applicants have 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 December 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 (FIRS) at 1-800-877-8339. 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 December 1, 2018, and there are no legal or regulatory

[[Page 57022]]

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: November 27, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-25932 Filed 11-30-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices 57021

disaster for Public Assistance Only for SURFACE TRANSPORTATION BOARD assistance (OFA) has been received,
the State of Mississippi (FEMA–4350– these exemptions will be effective on
[Docket Nos. AB 290 (Sub-No. 394X); AB
DR), dated 11/22/2017. 1257X]
January 2, 2018, unless stayed pending
Incident: Hurricane Nate. reconsideration. Petitions to stay that do
Norfolk Southern Railway Company— not involve environmental issues,2
Incident Period: 10/06/2017 through formal expressions of intent to file an
Abandonment Exemption—in Aurora,
10/10/2017. Portage County, Ohio; Cleveland OFA under 49 CFR 1152.27(c)(2),3 and
DATES: Issued on 11/22/2017. Commercial Railroad Company, LLC— trail use/rail banking requests under 49
Discontinuance of Lease and CFR 1152.29 must be filed by December
Physical Loan Application Deadline 11, 2017. Petitions to reopen or requests
Operation Authority—in Aurora,
Date: 01/22/2018. for public use conditions under 49 CFR
Portage County, Ohio
Economic Injury (EIDL) Loan 1152.28 must be filed by December 21,
Application Deadline Date: 08/22/2018. Norfolk Southern Railway Company 2017, with the Surface Transportation
(NSR) and Cleveland Commercial Board, 395 E Street SW., Washington,
ADDRESSES: Submit completed loan Railroad Company, LLC (CCR) DC 20423–0001.
applications to: U.S. Small Business (collectively, Applicants), have jointly A copy of any petition filed with the
Administration, Processing and filed a verified notice of exemption Board should be sent to William A.
Disbursement Center, 14925 Kingsport under 49 CFR part 1152 subpart F— Mullins, Baker & Miller PLLC, 2401
Road, Fort Worth, TX 76155. Exempt Abandonments and Pennsylvania Ave. NW., Suite 300,
Discontinuances of Service for NSR to Washington, DC 20037.
FOR FURTHER INFORMATION CONTACT: A.
abandon, and for CCR to discontinue If the verified notice contains false or
Escobar, Office of Disaster Assistance, service over, approximately 5.5 miles of misleading information, the exemptions
U.S. Small Business Administration, rail line between milepost RH 22.0 and are void ab initio.
409 3rd Street SW., Suite 6050, milepost RH 27.5 in Aurora, Portage Applicants have filed a combined
Washington, DC 20416, (202) 205–6734. County, Ohio (the Line).1 The Line environmental and historic report that
SUPPLEMENTARY INFORMATION: Notice is traverses United States Postal Service addresses the effects, if any, of the
hereby given that as a result of the Zip Codes 44202 and 44255. abandonment on the environment and
Applicants have certified that: (1) No historic resources. OEA will issue an
President’s major disaster declaration on
local traffic has moved over the Line for environmental assessment (EA) by
11/22/2017, Private Non-Profit at least two years; (2) no overhead traffic December 8, 2017. Interested persons
organizations that provide essential has moved over the Line for at least two may obtain a copy of the EA by writing
services of a governmental nature may years and that overhead traffic, if there to OEA (Room 1100, Surface
file disaster loan applications at the were any, could be rerouted over other Transportation Board, Washington, DC
address listed above or other locally lines; (3) no formal complaint filed by 20423–0001) or by calling OEA at (202)
announced locations. a user of rail service on the Line (or by 245–0305. Assistance for the hearing
The following areas have been a state or local government entity acting impaired is available through the
determined to be adversely affected by on behalf of such user) regarding Federal Information Relay Service
the disaster: cessation of service over the Line either (FIRS) at 1–800–877–8339. Comments
is pending with the Surface on environmental and historic
Primary Counties: George, Greene, Transportation Board (Board) or with preservation matters must be filed
Harrison, Jackson any U.S. District Court or has been within 15 days after the EA becomes
The Interest Rates are: decided in favor of complainant within available to the public.
the two-year period; and (4) the Environmental, historic preservation,
Percent requirements at 49 CFR 1105.7(c) public use, or trail use/rail banking
(environmental report), 49 CFR 1105.11 conditions will be imposed, where
For Physical Damage: (transmittal letter), 49 CFR 1105.12 appropriate, in a subsequent decision.
Non-Profit Organizations with (newspaper publication), and 49 CFR Pursuant to the provisions of 49 CFR
Credit Available Elsewhere ... 2.500 1152.50(d)(1) (notice to governmental 1152.29(e)(2), NSR shall file a notice of
Non-Profit Organizations with- agencies) have been met. consummation with the Board to signify
out Credit Available Else- As a condition to these exemptions, that it has exercised the authority
where ..................................... 2.500 any employee adversely affected by the granted and fully abandoned the Line. If
For Economic Injury: abandonment shall be protected under consummation has not been effected by
Non-Profit Organizations with- Oregon Short Line Railroad— NSR’s filing of a notice of
out Credit Available Else- Abandonment Portion Goshen Branch consummation by December 1, 2018,
where ..................................... 2.500 and there are no legal or regulatory
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
The number assigned to this disaster 91 (1979). To address whether this 2 The Board will grant a stay if an informed

for physical damage is 153998 and for decision on environmental issues (whether raised
condition adequately protects affected by a party or by the Board’s Office of Environmental
economic injury is 154000. employees, a petition for partial Analysis (OEA) in its independent investigation)
(Catalog of Federal Domestic Assistance revocation under 49 U.S.C. 10502(d) cannot be made before the exemptions’ effective
must be filed. date. See Exemption of Out-of-Serv. Rail Lines, 5
Number 59008) I.C.C.2d 377 (1989). Any request for a stay should
sradovich on DSK3GMQ082PROD with NOTICES

Provided no formal expression of be filed as soon as possible so that the Board may
Jerome Edwards, intent to file an offer of financial take appropriate action before the exemptions’
Acting Associate Administrator for Disaster effective date.
1 In 2009, CCR was authorized to lease and 3 Each OFA must be accompanied by the filing
Assistance.
operate the Line as part of a longer, 25.3-mile line, fee, which is currently set at $1,800. See
[FR Doc. 2017–25906 Filed 11–30–17; 8:45 am]
pursuant to an agreement with NSR. See Cleveland Regulations Governing Fees for Servs. Performed in
BILLING CODE 8025–01–P Commercial R.R.—Lease & Operation Exemption— Connection with Licensing & Related Servs.—2017
Norfolk S. Ry., FD 35251 (STB served May 29, Update, EP 542 (Sub-No. 25), slip op. App. C at 20
2009). (STB served July 28, 2017).

VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1

Document Created: 2018-10-25 10:45:03
Document Modified: 2018-10-25 10:45:03

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 57021