82 FR 59944 - ABE Fairmont, LLC-Abandonment Exemption-in Fillmore County, Neb.; BNSF Railway Company-Discontinuance of Service Exemption-in Fillmore County, Neb.
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59944-59944 | |
| FR Document | 2017-27089 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Notices] [Page 59944] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27089] [[Page 59944]] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket Nos. AB 1106X; AB 6 (Sub-No. 488X)] ABE Fairmont, LLC--Abandonment Exemption--in Fillmore County, Neb.; BNSF Railway Company--Discontinuance of Service Exemption--in Fillmore County, Neb. On July 7, 2014, ABE Fairmont, LLC (ABE), and BNSF Railway Company (BNSF) (collectively, Petitioners) jointly filed a petition requesting exemptions under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903. ABE requests an exemption to permit it to abandon approximately 2.77 miles of rail line between milepost 0.93 near the east-west mainline of BNSF Railway Company (BNSF) at Fairmont, Neb., and milepost 3.70 at the north property line of Fillmore County Road H near Fairmont, Neb. (the Line). The Line extends southward from a connection with BNSF's east-west main line (at BNSF milepost 114.73) at Fairmont, Fillmore County, Neb. BNSF requests an exemption to permit it to discontinue its trackage rights operations over approximately 0.77 miles of the Line between milepost 0.93 and milepost 1.70, near Fairmont. The Line traverses United States Postal Zip Code 68354. On July 24, 2014, these proceedings were held in abeyance at Petitioners' request pending discussions between Petitioners and The Andersons, Inc. d/b/a O'Malley Grain Company (The Andersons), a shipper that receives service over the Line via a private spur line that it owns and that connects to the Line. On June 16, 2017, Petitioners informed the Board that the matters that prompted the abeyance request had been resolved and requested that the proceedings be reinstated on the Board's active docket. On August 17, 2017, the Board removed the proceeding from abeyance and requested additional information. On September 26, 2017, Petitioners filed a supplement to their July 2014 petition. Petitioners propose that ABE abandon (and BNSF discontinue service over part of) the Line but that BNSF continue to provide contract carriage over it outside the Board's jurisdiction. Petitioners assert that the two shippers on the Line, Flint Hill Resources Fairmont, LLC (FHR-Fairmont), and The Andersons, would continue to be served by BNSF pursuant to contract and that one of those shippers, FHR-Fairmont, intends to purchase the Line following abandonment. Petitioners state that based on the information in their possession, the Line does not contain any federally granted rights-of- way. They state that any documentation in their possession will be made available promptly to those requesting it. As a condition to this exemption, any employee adversely affected by the abandonment and discontinuance of service 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). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by February 2, 2018. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,800 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use.\1\ Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than January 4, 2018. Each trail request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27). --------------------------------------------------------------------------- \1\ As noted above, however, following abandonment of the Line as common carrier track, Petitioners propose that BNSF service will continue over the Line under contract. --------------------------------------------------------------------------- All filings in response to this notice must refer to Docket No. AB 1106X and Docket No. AB 6 (Sub-No. 488X) and must be sent to: (1) Surface Transportation Board, 395 E Street SW, Washington, DC 20423- 0001; (2) Karl Morell, 655 Fifteenth Street NW, Suite 225, Washington, DC 20005; and (3) Thomas McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Replies to this petition are due on or before January 4, 2018. Persons seeking further information concerning abandonment and discontinuance procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1-800-877-8339. An environmental assessment (EA) prepared by OEA was served upon all parties of record, among others, on November 24, 2017. Other interested persons may contact OEA to obtain a copy of the EA, and it is available on the Board's website at www.stb.gov. The deadline for submission of comments on the EA is December 22, 2017. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: December 12, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017-27089 Filed 12-14-17; 8:45 am] BILLING CODE 4915-01-P
![59944 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
SURFACE TRANSPORTATION BOARD Petitioners state that based on the parties of record, among others, on
information in their possession, the Line November 24, 2017. Other interested
[Docket Nos. AB 1106X; AB 6 (Sub-No. does not contain any federally granted persons may contact OEA to obtain a
488X)] rights-of-way. They state that any copy of the EA, and it is available on the
documentation in their possession will Board’s website at www.stb.gov. The
ABE Fairmont, LLC—Abandonment be made available promptly to those deadline for submission of comments on
Exemption—in Fillmore County, Neb.; requesting it. the EA is December 22, 2017.
BNSF Railway Company— As a condition to this exemption, any Board decisions and notices are
Discontinuance of Service employee adversely affected by the available on our website at
Exemption—in Fillmore County, Neb. abandonment and discontinuance of WWW.STB.GOV.
On July 7, 2014, ABE Fairmont, LLC service shall be protected under Oregon Decided: December 12, 2017.
(ABE), and BNSF Railway Company Short Line Railroad—Abandonment By the Board, Scott M. Zimmerman, Acting
(BNSF) (collectively, Petitioners) jointly Portion Goshen Branch Between Firth & Director, Office of Proceedings.
filed a petition requesting exemptions Ammon, in Bingham & Bonneville Jeffrey Herzig,
under 49 U.S.C. 10502 from the prior Counties, Idaho, 360 I.C.C. 91 (1979).
Clearance Clerk.
approval requirements of 49 U.S.C. By issuance of this notice, the Board
[FR Doc. 2017–27089 Filed 12–14–17; 8:45 am]
10903. ABE requests an exemption to is instituting an exemption proceeding
pursuant to 49 U.S.C. 10502(b). A final BILLING CODE 4915–01–P
permit it to abandon approximately 2.77
miles of rail line between milepost 0.93 decision will be issued by February 2,
near the east-west mainline of BNSF 2018.
Railway Company (BNSF) at Fairmont, Any offer of financial assistance DEPARTMENT OF TRANSPORTATION
Neb., and milepost 3.70 at the north (OFA) under 49 CFR 1152.27(b)(2) will
be due no later than 10 days after Federal Aviation Administration
property line of Fillmore County Road
H near Fairmont, Neb. (the Line). The service of a decision granting the Agency Information Collection
Line extends southward from a petition for exemption. Each OFA must Activities: Requests for Comments;
connection with BNSF’s east-west main be accompanied by a $1,800 filing fee. Clearance of Renewed Approval of
line (at BNSF milepost 114.73) at See 49 CFR 1002.2(f)(25). Information Collection: Generic
Fairmont, Fillmore County, Neb. BNSF All interested persons should be
Clearance for the Collection of
requests an exemption to permit it to aware that, following abandonment, the
Qualitative Feedback on Agency
discontinue its trackage rights Line may be suitable for other public
Service Delivery
operations over approximately 0.77 use, including interim trail use.1 Any
miles of the Line between milepost 0.93 request for a public use condition under AGENCY: Federal Aviation
and milepost 1.70, near Fairmont. The 49 CFR 1152.28 or for trail use/rail Administration (FAA), DOT.
Line traverses United States Postal Zip banking under 49 CFR 1152.29 will be ACTION: Notice and request for
Code 68354. due no later than January 4, 2018. Each comments.
On July 24, 2014, these proceedings trail request must be accompanied by a
were held in abeyance at Petitioners’ $300 filing fee. See 49 CFR SUMMARY: In accordance with the
request pending discussions between 1002.2(f)(27). Paperwork Reduction Act of 1995, FAA
Petitioners and The Andersons, Inc. All filings in response to this notice invites public comments about our
d/b/a O’Malley Grain Company (The must refer to Docket No. AB 1106X and intention to request the Office of
Andersons), a shipper that receives Docket No. AB 6 (Sub-No. 488X) and Management and Budget (OMB)
service over the Line via a private spur must be sent to: (1) Surface approval to renew a generic information
line that it owns and that connects to Transportation Board, 395 E Street SW, collection. As part of a Federal
the Line. Washington, DC 20423–0001; (2) Karl Government-wide effort to streamline
On June 16, 2017, Petitioners Morell, 655 Fifteenth Street NW, Suite the process to seek feedback from the
informed the Board that the matters that 225, Washington, DC 20005; and (3) public on service delivery, FAA has an
prompted the abeyance request had Thomas McFarland, 208 South LaSalle approved Generic Information
been resolved and requested that the Street, Suite 1890, Chicago, IL 60604. Collection Request (Generic ICR):
proceedings be reinstated on the Board’s Replies to this petition are due on or ‘‘Generic Clearance for the Collection of
active docket. On August 17, 2017, the before January 4, 2018. Qualitative Feedback on Agency Service
Board removed the proceeding from Persons seeking further information Delivery’’.
abeyance and requested additional concerning abandonment and DATES: Written comments should be
information. On September 26, 2017, discontinuance procedures may contact submitted by February 13, 2018.
Petitioners filed a supplement to their the Board’s Office of Public Assistance, ADDRESSES: Send comments to the FAA
July 2014 petition. Petitioners propose Governmental Affairs, and Compliance at the following address: Barbara Hall,
that ABE abandon (and BNSF at (202) 245–0238 or refer to the full Federal Aviation Administration,
discontinue service over part of) the abandonment and discontinuance ASP–110, 10101 Hillwood Parkway,
Line but that BNSF continue to provide regulations at 49 CFR part 1152. Fort Worth, TX 76177.
contract carriage over it outside the Assistance for the hearing impaired is Public Comments Invited: You are
Board’s jurisdiction. Petitioners assert available through the Federal asked to comment on any aspect of this
that the two shippers on the Line, Flint Information Relay Service at 1–800– information collection, including: (a)
sradovich on DSK3GMQ082PROD with NOTICES
Hill Resources Fairmont, LLC (FHR- 877–8339. Whether the proposed collection of
Fairmont), and The Andersons, would An environmental assessment (EA) information is necessary for FAA’s
continue to be served by BNSF pursuant prepared by OEA was served upon all performance; (b) the accuracy of the
to contract and that one of those 1 As noted above, however, following
estimated burden; (c) ways for FAA to
shippers, FHR-Fairmont, intends to abandonment of the Line as common carrier track,
enhance the quality, utility and clarity
purchase the Line following Petitioners propose that BNSF service will continue of the information collection; and (d)
abandonment. over the Line under contract. ways that the burden could be
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Document Created: 2017-12-15 03:37:30
Document Modified: 2017-12-15 03:37:30
| 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 59944 |
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