82 FR 9479 - Southwestern Railroad, Inc.-Discontinuance of Service Exemption-in Curry, Roosevelt, Chaves, and Eddy Counties, N.M.
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 23 (February 6, 2017)
Federal Register Volume 82, Issue 23 (February 6, 2017)
| Page Range | 9479-9480 | |
| FR Document | 2017-02427 |
[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)] [Notices] [Pages 9479-9480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02427] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. AB 1251X] Southwestern Railroad, Inc.--Discontinuance of Service Exemption--in Curry, Roosevelt, Chaves, and Eddy Counties, N.M. On January 17, 2017, Southwestern Railroad, Inc. (SWRR), filed with the Board a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to discontinue common carrier rail service over approximately 227.6 miles of rail lines consisting of the following segments (the Lines): (1) The Carlsbad Subdivision between milepost 0.5 at Clovis, N.M., and milepost 183.0 at Carlsbad, N.M.; (2) the Carlsbad Yard; \1\ (3) the Carlsbad Industrial Spur between milepost 0.0 at Carlsbad, N.M., and milepost 20.0 near Carlsbad, N.M.; and (4) the Loving Industrial Spur between milepost 0.0 at Carlsbad, N.M., and milepost 20.0 at Loving, N.M. The Lines are owned by BNSF Railway Company (BNSF). --------------------------------------------------------------------------- \1\ SWRR states that there are no mileposts associated with the approximately 5.1 miles of rail lines located in the Carlsbad Yard. --------------------------------------------------------------------------- SWRR states it acquired authority to lease and operate the BNSF- owned Lines in 2004.\2\ According to SWRR, BNSF notified SWRR in 2016 that it wished to resume operations over the Carlsbad Division prior to the termination of the current lease. SWRR states that, after negotiations, SWRR and BNSF filed an amendment to the lease agreement that allowed BNSF to resume operations over the Lines on January 17, 2017.\3\ SWRR explains that as of January 17, 2017, both SWRR and BNSF have a common carrier obligation to provide service over the Lines until such time that SWRR's discontinuance authority is granted. Additionally, SWRR states that, because shippers currently served by SWRR will also be served by BNSF during this discontinuance proceeding and will be served by BNSF after any SWRR discontinuance authority is granted, there will be no interruption of service and no shippers served by the Lines will be disadvantaged when and if SWRR ceases operations. --------------------------------------------------------------------------- \2\ See Sw. R.R.--Lease & Operation Exemption--Burlington N. & Sanfe Fe Ry., FD 34533 (STB served Oct. 22, 2004). SWRR states that SWRR and BNSF have amended the lease agreement five times since its inception. \3\ See Sw. R.R.--Lease & Operation Exemption--Burlington N. & Sante Fe Ry., FD 34533 (Sub-No. 1) (STB served Aug. 12, 2016). --------------------------------------------------------------------------- SWRR states that BNSF is the owner of the Lines, but based on information in SWRR's possession, the Lines do not contain federally granted rights-of-way. [[Page 9480]] Any documentation in SWRR's possession will be made available promptly to those requesting it. SWRR asserts that, because it is terminating operations over its entire system,\4\ the employee protective conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979), should not be imposed.\5\ --------------------------------------------------------------------------- \4\ SWRR currently operates two divisions, the Carlsbad Division and the Whitewater Division. SWRR explains that it is discontinuing its operations pursuant to a lease over the Carlsbad Division in this proceeding and selling its Whitewater Division in an unrelated proceeding. See N.M. Cent. R.R.--Acquis. & Operation Exemption--Sw. R.R. Whitewater Div., FD 36085 (Filed Dec. 17, 2016). SWRR states that upon consummation of the Carlsbad and Whitewater Divisions transactions, SWRR will cease to be a common carrier entity. \5\ See Wellsville, Addison & Galeton R.R.--Aban. of Entire Line in Potter & Tioga Ctys., Pa., 354 I.C.C. 744 (1978); and Northampton & Bath R.R.--Aban. near Northampton & Bath Junction in Northampton Cty., Pa., 354 I.C.C. 784 (1978). --------------------------------------------------------------------------- Because this is a discontinuance proceeding and not an abandonment proceeding, trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during abandonment, this discontinuance does not require an environmental review. 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 May 5, 2017. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) to subsidize continued rail service will be due no later than May 15, 2017, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,700 filing fee. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.--2016 Update, EP 542 (Sub-No. 24) (STB served August 2, 2016). All filings in response to this notice must refer to Docket No. AB 1251X and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001; and (2) William A. Mullins and Crystal M. Zorbaugh, Baker and Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. Replies to the petition are due on or before February 6, 2017. Persons seeking further information concerning 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 or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: February 1, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017-02427 Filed 2-3-17; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices 9479
agreement (unlike the prior ones) defendant in these proceedings, SURFACE TRANSPORTATION BOARD
incorporates a method of determining extinguish NSR’s liability for
rates for dedicated trains which grants reparations in all matters arising out of [Docket No. AB 1251X]
NSR an increment over the Eastern rate these proceedings, and relieve NSR from Southwestern Railroad, Inc.—
basis to equalize the cost of shipments any further requirement to participate in Discontinuance of Service
nationwide; these proceedings (except in response to Exemption—in Curry, Roosevelt,
(3) establishes that the movement of a properly issued subpoena under the Chaves, and Eddy Counties, N.M.
these radioactive materials constitutes Board’s rules); (3) retain jurisdiction
common carrier service; addresses the over these proceedings and continue to On January 17, 2017, Southwestern
elements of service required of NSR; hold them in abeyance pending further Railroad, Inc. (SWRR), filed with the
adopts guidelines for safe handling and Board a petition under 49 U.S.C. 10502
settlement negotiations; and (4) publish
security; and obligates NSR to provide, for exemption from the prior approval
notice of their motion and the proposed
as needed, ‘‘extra services’’ as described requirements of 49 U.S.C. 10903 to
NSR Settlement Agreement in the
in the agreement, at the rates agreed discontinue common carrier rail service
upon; Federal Register and adopt a procedural
over approximately 227.6 miles of rail
(4) adopts a rate methodology to: schedule for the filing of comments and
lines consisting of the following
(a) Apply to all future movements of replies.
segments (the Lines): (1) The Carlsbad
these radioactive materials in common The Board will grant Movants’ request Subdivision between milepost 0.5 at
carrier service. The methodology adopts in part at this time. Notice of the motion Clovis, N.M., and milepost 183.0 at
maximum R/VC markups (not in excess and proposed NSR Settlement Carlsbad, N.M.; (2) the Carlsbad Yard; 1
of 1.80, 2.50, or 3.51 times the shipment Agreement will be published in the (3) the Carlsbad Industrial Spur between
cost, depending on commodity type, Federal Register. A procedural schedule milepost 0.0 at Carlsbad, N.M., and
equipment being utilized, and services will be adopted for the filing of milepost 20.0 near Carlsbad, N.M.; and
being performed) of NSR’s most current comments on the proposed settlement (4) the Loving Industrial Spur between
system-average variable unit costs agreement as well as to permit replies milepost 0.0 at Carlsbad, N.M., and
computed under the Board’s Uniform responsive to Movants’ remaining milepost 20.0 at Loving, N.M. The Lines
Railroad Costing System. The requests. Comments are due by March are owned by BNSF Railway Company
Government agrees to limit the (BNSF).
20, 2017. Reply comments are due by
application of the Eastern rate basis SWRR states it acquired authority to
April 19, 2017. Comments should also
established in the Eastern Case to the lease and operate the BNSF-owned
former lines of those railroads address whether it is appropriate to
close these dockets.2 Lines in 2004.2 According to SWRR,
specifically listed in the Eastern Case; BNSF notified SWRR in 2016 that it
and It is ordered: wished to resume operations over the
(b) compensate NSR for ‘‘extra 1. Movants’ request that notice of Carlsbad Division prior to the
services’’ and dedicated train service, their motion and proposed agreement be termination of the current lease. SWRR
when requested by the Government, and published in the Federal Register is states that, after negotiations, SWRR and
procedures to calculate ‘‘Equitable granted. BNSF filed an amendment to the lease
compensation’’ for emergency-related agreement that allowed BNSF to resume
costs that NSR may incur; 2. Movants and interested persons
operations over the Lines on January 17,
(5) adopts a procedure to update must comply with the procedural
2017.3 SWRR explains that as of January
compensation for rates and ‘‘extra schedule and requirements outlined
17, 2017, both SWRR and BNSF have a
services’’ annually to reflect changes in above.
common carrier obligation to provide
NSR’s system-average unit costs; 3. This decision is effective on its date service over the Lines until such time
(6) extinguishes NSR’s liability (and of service. that SWRR’s discontinuance authority is
that of its predecessors and subsidiaries) granted. Additionally, SWRR states that,
for reparations in all matters arising out Decided: January 31, 2017.
because shippers currently served by
of these proceedings; and By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
SWRR will also be served by BNSF
(7) adopts alternative dispute during this discontinuance proceeding
resolution procedures with final Marline Simeon, and will be served by BNSF after any
recourse to the Board and mechanisms Clearance Clerk. SWRR discontinuance authority is
to renegotiate portions of the agreement [FR Doc. 2017–02425 Filed 2–3–17; 8:45 am] granted, there will be no interruption of
in a limited number of circumstances or service and no shippers served by the
BILLING CODE 4915–01–P
if changed circumstances make further Lines will be disadvantaged when and
adherence to the terms of the agreement if SWRR ceases operations.
‘‘grossly inequitable’’ to either party. SWRR states that BNSF is the owner
Movants request that the Board: (1)
of the Lines, but based on information
Prescribe the rate methodology and
in SWRR’s possession, the Lines do not
maximum R/VC ratios that have been
contain federally granted rights-of-way.
agreed to for the radioactive materials
2 In BNSF Settlement Decision, slip op. at 11–12,
and rail services that are the subject of 1 SWRR states that there are no mileposts
the Board (at CSX Transportation, Inc.’s request)
the agreement; (2) dismiss NSR as a associated with the approximately 5.1 miles of rail
sradovich on DSK3GMQ082PROD with NOTICES
held that ‘‘future settlement agreements in these
lines located in the Carlsbad Yard.
proceedings need not be submitted to the Board for 2 See Sw. R.R.—Lease & Operation Exemption—
various minimum weights as local and proportional formal approval to the extent the signatories do not
rate factors. The prescription was applicable within Burlington N. & Sanfe Fe Ry., FD 34533 (STB served
request, and their agreements are not contingent on, Oct. 22, 2004). SWRR states that SWRR and BNSF
the East, but primarily was to be used for through
movements destined beyond the lines of the rail rate prescriptions.’’ Since then, the quarterly status have amended the lease agreement five times since
carriers covered by the prescription. The ICC’s 1980 reports filed by the Department of Energy refer only its inception.
decision was affirmed in Consolidated Rail Corp. v. to negotiations with NSR. As such, it is not clear 3 See Sw. R.R.—Lease & Operation Exemption—
ICC, 646 F.2d 642 (D.C. Cir. 1981), cert. denied, 454 whether there are other remaining railroads with Burlington N. & Sante Fe Ry., FD 34533 (Sub-No.
U.S. 1047 (1981). whom the Government is engaged in negotiations. 1) (STB served Aug. 12, 2016).
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![9480 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices
Any documentation in SWRR’s discontinuance regulations at 49 CFR be sent by fax to (571) 465–4326 or by
possession will be made available part 1152. Questions concerning electronic mail to prainfo@occ.treas.gov.
promptly to those requesting it. environmental issues may be directed to You may personally inspect and
SWRR asserts that, because it is the Board’s Office of Environmental photocopy comments at the OCC, 400
terminating operations over its entire Analysis at (202) 245–0305. Assistance 7th Street SW., Washington, DC 20219.
system,4 the employee protective for the hearing impaired is available For security reasons, the OCC requires
conditions set forth in Oregon Short through the Federal Information Relay that visitors make an appointment to
Line Railroad—Abandonment Portion Service (FIRS) at 1–800–877–8339. inspect comments. You may do so by
Goshen Branch Between Firth & Board decisions and notices are calling (202) 649–6700 or, for persons
Ammon, in Bingham & Bonneville available on our Web site at who are deaf or hard of hearing, TTY,
Counties, Idaho, 360 I.C.C. 91 (1979), WWW.STB.GOV. (202) 649–5597. Upon arrival, visitors
should not be imposed.5 will be required to present valid
Decided: February 1, 2017.
Because this is a discontinuance government-issued photo identification
proceeding and not an abandonment By the Board, Rachel D. Campbell,
Director, Office of Proceedings. and submit to security screening in
proceeding, trail use/rail banking and order to inspect and photocopy
public use conditions are not Jeffrey Herzig,
comments.
appropriate. Because there will be Clearance Clerk.
All comments received, including
environmental review during [FR Doc. 2017–02427 Filed 2–3–17; 8:45 am] attachments and other supporting
abandonment, this discontinuance does BILLING CODE 4915–01–P materials, are part of the public record
not require an environmental review. and subject to public disclosure. Do not
By issuance of this notice, the Board include any information in your
is instituting an exemption proceeding DEPARTMENT OF THE TREASURY comment or supporting materials that
pursuant to 49 U.S.C. 10502(b). A final you consider confidential or
decision will be issued by May 5, 2017. Office of the Comptroller of the inappropriate for public disclosure.
Any offer of financial assistance Currency Additionally, please send a copy of
(OFA) under 49 CFR 1152.27(b)(2) to your comments by mail to: OCC Desk
subsidize continued rail service will be Agency Information Collection
Officer, 1557–0230, U.S. Office of
due no later than May 15, 2017, or 10 Activities: Information Collection
Management and Budget, 725 17th
days after service of a decision granting Renewal; Submission for OMB Review;
Street NW., #10235, Washington, DC
the petition for exemption, whichever Fair Credit Reporting: Affiliate
20503 or by email to: oira submission@
occurs first. Each OFA must be Marketing
omb.eop.gov.
accompanied by a $1,700 filing fee. See AGENCY: Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT:
Regulations Governing Fees for Servs. Currency (OCC), Treasury. Shaquita Merritt, OCC Clearance
Performed in Connection with Licensing
ACTION: Notice and request for comment. Officer, (202) 649–5490 or, for persons
& Related Servs.—2016 Update, EP 542
who are deaf or hard of hearing, TTY,
(Sub-No. 24) (STB served August 2, SUMMARY: The OCC, as part of its (202) 649–5597, Legislative and
2016). continuing effort to reduce paperwork Regulatory Activities Division, Office of
All filings in response to this notice and respondent burden, invites the the Comptroller of the Currency, 400 7th
must refer to Docket No. AB 1251X and general public and other Federal Street SW., Washington, DC 20219.
must be sent to: (1) Surface agencies to comment on the renewal of
Transportation Board, 395 E Street SW., SUPPLEMENTARY INFORMATION: Under the
an information collection as required by PRA (44 U.S.C. 3501–3520), Federal
Washington, DC 20423–0001; and (2) the Paperwork Reduction Act of 1995
William A. Mullins and Crystal M. agencies must obtain approval from
(PRA). OMB for each collection of information
Zorbaugh, Baker and Miller PLLC, 2401 An agency may not conduct or
Pennsylvania Ave. NW., Suite 300, that they conduct or sponsor.
sponsor, and a respondent is not ‘‘Collection of information’’ is defined
Washington, DC 20037. Replies to the required to respond to, an information
petition are due on or before February in 44 U.S.C. 3502(3) and 5 CFR
collection unless it displays a currently 1320.3(c) to include agency requests or
6, 2017. valid Office of Management and Budget
Persons seeking further information requirements that members of the public
(OMB) control number. submit reports, keep records, or provide
concerning discontinuance procedures
The OCC is soliciting comment information to a third party. The OCC
may contact the Board’s Office of Public
concerning the renewal of an requests that OMB extend its approval
Assistance, Governmental Affairs, and
information collection titled, ‘‘Affiliate of the following collection.
Compliance at (202) 245–0238 or refer
Marketing.’’ The OCC also is giving Title: Fair Credit Reporting: Affiliate
to the full abandonment or
notice that it has sent the collection to Marketing.
4 SWRR currently operates two divisions, the
OMB for review. OMB Control No.: 1557–0230.
Carlsbad Division and the Whitewater Division. DATES: Comments must be submitted on Type of Review: Regular.
SWRR explains that it is discontinuing its or before March 8, 2017. Frequency of Response: On occasion.
operations pursuant to a lease over the Carlsbad Affected Public: Businesses or other
Division in this proceeding and selling its ADDRESSES: Because paper mail in the
for-profit.
Whitewater Division in an unrelated proceeding. Washington, DC area and at the OCC is Estimated Number of Respondents:
See N.M. Cent. R.R.—Acquis. & Operation subject to delay, commenters are 97,773.
Exemption—Sw. R.R. Whitewater Div., FD 36085 encouraged to submit comments by
sradovich on DSK3GMQ082PROD with NOTICES
(Filed Dec. 17, 2016). SWRR states that upon Total Annual Burden: 10,281 hours.
consummation of the Carlsbad and Whitewater email, if possible. Comments may be Description: Section 214 of the Fair
Divisions transactions, SWRR will cease to be a sent to: Legislative and Regulatory and Accurate Credit Transactions Act of
common carrier entity. Activities Division, Office of the 2003 (FACT Act),1 which added section
5 See Wellsville, Addison & Galeton R.R.—Aban.
Comptroller of the Currency, Attention: 624 to the Fair Credit Reporting Act
of Entire Line in Potter & Tioga Ctys., Pa., 354 I.C.C.
744 (1978); and Northampton & Bath R.R.—Aban.
1557–0230, 400 7th Street SW., suite
near Northampton & Bath Junction in Northampton 3E–218, mail stop 9W–11, Washington, 1 Public Law 108–159, 117 Stat. 1952 (December
Cty., Pa., 354 I.C.C. 784 (1978). DC 20219. In addition, comments may 4, 2003).
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Document Created: 2017-02-04 00:25:37
Document Modified: 2017-02-04 00:25:37
| 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 9479 |
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