83 FR 17209 - State of South Dakota Acting by and Through its Department of Transportation-Adverse Discontinuance of Operating Authority-Napa-Platte Regional Railroad Authority

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 75 (April 18, 2018)

[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17209-17210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08134]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1253]


State of South Dakota Acting by and Through its Department of 
Transportation--Adverse Discontinuance of Operating Authority--Napa-
Platte Regional Railroad Authority

    On March 29, 2018, the State of South Dakota acting by and through 
its Department of Transportation (the State) filed an application under 
49 U.S.C. 10903 requesting that the Surface Transportation Board (the 
Board) authorize the third-party, or ``adverse,'' discontinuance of the 
operating authority of Napa-Platte Regional Railroad Authority (NPRRA) 
\1\ over approximately 13.4 miles of rail line extending from milepost 
(MP) 0.0, referred to as Napa Junction, in South Dakota, to MP 13.4+/- 
near Tabor, S.D. (the Napa-Tabor Line). The Napa-Tabor Line traverses 
United States Postal Service Zip Codes 57078 and 57063.\2\
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    \1\ According to the State, NPRRA is a political subdivision of 
the State of South Dakota and is a non-operating common carrier 
railroad.
    \2\ In a letter filed April 11, 2018, the State informed the 
Board that United States Postal Service Zip Code 57058 had 
inadvertently been included in its verified notice.
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    According to the State, the Napa-Tabor Line is part of a longer 
line that runs from MP 0.0 to MP 83.3 near Platte, S.D. (the Napa-
Platte Line). The State explains that the Napa-Platte Line was 
authorized for abandonment in 1980 but, prior to being abandoned, was 
acquired by the State. See Ogilvie--Aban.--in S.D., Iowa, & Neb., AB 7 
(Sub-No. 88) (ICC served May 14, 1980); see also Napa-Platte Reg'l R.R. 
Auth.--Modified Rail Certificate, FD 35026, slip op. at 1-2 (STB served 
June 14, 2007). The State further explains that, in 2007, NPRRA 
obtained Board authority to lease and operate the Napa-Tabor Line. See 
Napa-Platte Reg'l R.R. Auth.--Lease & Operation Exemption--Dakota Short 
Line Corp., FD 35025 (STB served May 31, 2007). According to the State, 
NPRRA's last lease from the State expired on September 20, 2015. The 
State claims that neither NPRRA nor any other rail carrier provided 
common carrier service over the Napa-Tabor Line between 2007 and 
September 20, 2015. The State further claims that, beginning September 
21, 2015, the State has leased the Napa-Tabor Line and a connecting 
line segment to the Dakota Southern Railway Company (DSRC). See Dakota 
S. Ry.--Notice of Modified Certificate of Pub. Convenience & 
Necessity--Yankton, Bon Homme, & Charles Mix Ctys., S.D., FD 36086 (STB 
served Jan. 25, 2017). According to the State, following the 
termination of NPRRA's lease, the State requested that NPRRA seek a 
voluntary termination of its lease and operating authority over the 
Napa-Tabor Line, but NPRRA has not done so. The State now seeks Board 
authority through an adverse discontinuance proceeding to terminate 
NPRRA's regulatory authority to lease and operate the Napa-Tabor Line. 
The State asserts that NPRRA does not oppose the State's application 
for adverse discontinuance.
    In a decision served in this proceeding on May 31, 2017, the State 
was granted exemptions from several statutory provisions as well as 
waivers of certain Board regulations that were not relevant to its 
adverse discontinuance application or that sought information not 
available to the State.
    According to the State, the Napa-Tabor Line does not contain 
federally granted rights-of-way. Any documentation in the State's 
possession will be made available promptly to those requesting it. The 
State's entire case-in-chief for adverse abandonment and discontinuance 
was filed with the application.
    Any interested person may file written comments concerning the 
proposed adverse discontinuance or protests (including protestant's 
entire opposition case) by May 14, 2018. Persons who may oppose the 
proposed adverse discontinuance but who do not wish to participate 
fully in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons opposing

[[Page 17210]]

the proposed adverse discontinuance who wish to participate actively 
and fully in the process should file a protest, observing the filing, 
service, and content requirements of 49 CFR 1152.25. The State's reply 
is due by May 29, 2018.
    All filings in response to this notice must refer to Docket No. AB 
1253 and must be sent to: (1) Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001; and (2) John H. LeSeur, Slover & 
Loftus LLP, 1224 Seventeenth Street NW, Washington, DC 20036.
    Filings may be submitted either via the Board's e-filing format or 
in the traditional paper format. Any person using e-filing should 
comply with the instructions found on the Board's ``www.stb.gov'' 
website, at the ``E-FILING'' link. Any person submitting a filing in 
the traditional paper format should send the original and 10 copies of 
the filing to the Board with a certificate of service. Except as 
otherwise set forth in 49 CFR 1152, every document filed with the Board 
must be served on all parties to this adverse discontinuance 
proceeding. 49 CFR 1104.12(a).
    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 discontinuance regulations at 49 CFR 1152. 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 website at 
``WWW.STB.GOV.''

    Decided: April 12, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2018-08134 Filed 4-17-18; 8:45 am]
 BILLING CODE 4915-01-P