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)

Page Range		17209-17210
FR Document		2018-08134
Federal Register, Volume 83 Issue 75 (Wednesday, 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
Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices 17209

IV. Conclusion burden, including through the use of Aban.—in S.D., Iowa, & Neb., AB 7
It is therefore ordered, pursuant to automated techniques or other forms of (Sub-No. 88) (ICC served May 14, 1980);
Section 19(b)(2) of the Act,39 that the information technology; and (d) whether see also Napa-Platte Reg’l R.R. Auth.—
proposed rule change (SR–PEARL– there are ways to enhance the quality, Modified Rail Certificate, FD 35026, slip
2018–02), be and hereby is approved. utility, and clarity of the information. op. at 1–2 (STB served June 14, 2007).
Copies: A copy of the Form OMB The State further explains that, in 2007,
For the Commission, by the Division of 83–1, supporting statement, and other NPRRA obtained Board authority to
Trading and Markets, pursuant to delegated
documents submitted to OMB for lease and operate the Napa-Tabor Line.
authority.40
review may be obtained from the See Napa-Platte Reg’l R.R. Auth.—Lease
Eduardo A. Aleman, & Operation Exemption—Dakota Short
Agency Clearance Officer.
Assistant Secretary. Line Corp., FD 35025 (STB served May
[FR Doc. 2018–08053 Filed 4–17–18; 8:45 am] Summary of Information Collections 31, 2007). According to the State,
BILLING CODE 8011–01–P Title: Disaster Survey Worksheet. NPRRA’s last lease from the State
Description of Respondents: Affected expired on September 20, 2015. The
Disaster Areas. State claims that neither NPRRA nor
SMALL BUSINESS ADMINISTRATION Form Number: SBA Form 987. any other rail carrier provided common
Estimated Annual Respondents: carrier service over the Napa-Tabor Line
Reporting and Recordkeeping 2,760. between 2007 and September 20, 2015.
Requirements Under OMB Review Estimated Annual Responses: 2,760. The State further claims that, beginning
Estimated Annual Hour Burden: 229. September 21, 2015, the State has leased
AGENCY: Small Business Administration.
Curtis Rich, the Napa-Tabor Line and a connecting
ACTION: 30-Day notice. line segment to the Dakota Southern
Management Analyst.
SUMMARY: The Small Business Railway Company (DSRC). See Dakota
[FR Doc. 2018–08064 Filed 4–17–18; 8:45 am]
Administration (SBA) is publishing this S. Ry.—Notice of Modified Certificate of
BILLING CODE 8025–01–P Pub. Convenience & Necessity—
notice to comply with requirements of
the Paperwork Reduction Act (PRA), Yankton, Bon Homme, & Charles Mix
which requires agencies to submit Ctys., S.D., FD 36086 (STB served Jan.
proposed reporting and recordkeeping SURFACE TRANSPORTATION BOARD 25, 2017). According to the State,
requirements to OMB for review and [Docket No. AB 1253] following the termination of NPRRA’s
approval, and to publish a notice in the lease, the State requested that NPRRA
Federal Register notifying the public of State of South Dakota Acting by and seek a voluntary termination of its lease
that submission. Through its Department of and operating authority over the Napa-
DATES: Submit comments on or before Transportation—Adverse Tabor Line, but NPRRA has not done so.
Discontinuance of Operating The State now seeks Board authority
May 18, 2018.
Authority—Napa-Platte Regional through an adverse discontinuance
ADDRESSES: Comments should refer to
Railroad Authority proceeding to terminate NPRRA’s
the information collection by name regulatory authority to lease and operate
and/or OMB Control Number and On March 29, 2018, the State of South the Napa-Tabor Line. The State asserts
should be sent to: Agency Clearance Dakota acting by and through its that NPRRA does not oppose the State’s
Officer, Curtis Rich, Small Business Department of Transportation (the State) application for adverse discontinuance.
Administration, 409 3rd Street SW, 5th filed an application under 49 U.S.C. In a decision served in this
Floor, Washington, DC 20416; and SBA 10903 requesting that the Surface proceeding on May 31, 2017, the State
Desk Officer, Office of Information and Transportation Board (the Board) was granted exemptions from several
Regulatory Affairs, Office of authorize the third-party, or ‘‘adverse,’’ statutory provisions as well as waivers
Management and Budget, New discontinuance of the operating of certain Board regulations that were
Executive Office Building, Washington, authority of Napa-Platte Regional not relevant to its adverse
DC 20503. Railroad Authority (NPRRA) 1 over discontinuance application or that
FOR FURTHER INFORMATION CONTACT: approximately 13.4 miles of rail line sought information not available to the
Curtis Rich, Agency Clearance Officer, extending from milepost (MP) 0.0, State.
(202) 205–7030 curtis.rich@sba.gov. referred to as Napa Junction, in South According to the State, the Napa-
SUPPLEMENTARY INFORMATION: SBA is Dakota, to MP 13.4+/¥ near Tabor, S.D. Tabor Line does not contain federally
required to survey affected disaster (the Napa-Tabor Line). The Napa-Tabor granted rights-of-way. Any
areas, within a state upon request by the Line traverses United States Postal documentation in the State’s possession
Governor of that state to determine if Service Zip Codes 57078 and 57063.2 will be made available promptly to
there is sufficient damage to warrant a According to the State, the Napa- those requesting it. The State’s entire
Disaster Declaration, Information is Tabor Line is part of a longer line that case-in-chief for adverse abandonment
obtained from individuals, businesses, runs from MP 0.0 to MP 83.3 near Platte, and discontinuance was filed with the
and public officials. S.D. (the Napa-Platte Line). The State application.
explains that the Napa-Platte Line was Any interested person may file
Solicitation of Public Comments authorized for abandonment in 1980 written comments concerning the
Comments may be submitted on (a) but, prior to being abandoned, was proposed adverse discontinuance or
whether the collection of information is acquired by the State. See Ogilvie— protests (including protestant’s entire
amozie on DSK30RV082PROD with NOTICES

necessary for the agency to properly opposition case) by May 14, 2018.
perform its functions; (b) whether the 1 According to the State, NPRRA is a political Persons who may oppose the proposed
burden estimates are accurate; (c) subdivision of the State of South Dakota and is a adverse discontinuance but who do not
non-operating common carrier railroad. wish to participate fully in the process
whether there are ways to minimize the 2 In a letter filed April 11, 2018, the State

informed the Board that United States Postal
by submitting verified statements of
39 15 U.S.C. 78s(b)(2). Service Zip Code 57058 had inadvertently been witnesses containing detailed evidence
40 17 CFR 200.30–3(a)(12). included in its verified notice. should file comments. Persons opposing

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17210 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices

the proposed adverse discontinuance Management and Budget (OMB) an Description of Collection 1
who wish to participate actively and extension of approval for the Title: Statutory Authority to Preserve
fully in the process should file a protest, information collections. The Board is Rail Service.
observing the filing, service, and content also seeking approval to merge into this OMB Control Number: 2140–0022.
requirements of 49 CFR 1152.25. The collection (OMB Control Number: 2140– STB Form Number: None.
State’s reply is due by May 29, 2018. 0022) the collection of information Type of Review: Extension without
All filings in response to this notice about notifications of Trails Act change.
must refer to Docket No. AB 1253 and agreement and substitute sponsorship Respondents: Affected shippers,
must be sent to: (1) Surface (OMB Control Number: 2140–0017). communities, or other interested
Transportation Board, 395 E Street SW, DATES: Comments on this information persons seeking to preserve rail service
Washington, DC 20423–0001; and (2) collection should be submitted by June over rail lines that are proposed or
John H. LeSeur, Slover & Loftus LLP, 18, 2018. identified for abandonment, and
1224 Seventeenth Street NW, railroads that are required to provide
Washington, DC 20036. ADDRESSES: Direct all comments to
Chris Oehrle, PRA Officer, Surface information to the offeror or applicant.
Filings may be submitted either via Number of Respondents: 40.
the Board’s e-filing format or in the Transportation Board, 395 E Street SW,
Washington, DC 20423–0001, or to Frequency: On occasion.
traditional paper format. Any person
using e-filing should comply with the PRA@stb.gov. When submitting
comments, please refer to ‘‘Paperwork TABLE—NUMBER OF YEARLY
instructions found on the Board’s
Reduction Act Comments, Statutory RESPONSES
‘‘www.stb.gov’’ website, at the
‘‘E-FILING’’ link. Any person submitting Authority to Preserve Rail Service.’’
Number
a filing in the traditional paper format FOR FURTHER INFORMATION CONTACT: For Type of filing of filings
should send the original and 10 copies further information regarding this
of the filing to the Board with a collection, contact Michael Higgins, Offer of Financial Assistance ..... 1
certificate of service. Except as Deputy Director, Office of Public OFA—Railroad Reply to Re-
otherwise set forth in 49 CFR 1152, Assistance, Governmental Affairs, and quest for Information ............... 1
every document filed with the Board Compliance at (202) 245–0284 or at OFA—Request To Set Terms
and Conditions ........................ 1
must be served on all parties to this michael.higgins@stb.gov. [Assistance for Request for Public Use Condi-
adverse discontinuance proceeding. 49 the hearing impaired is available tion .......................................... 1
CFR 1104.12(a). through the Federal Information Relay Feeder Line Application .............. 5
Persons seeking further information Service (FIRS) at 1–800–877–8339.] Trail-Use Request ....................... 23
concerning discontinuance procedures SUPPLEMENTARY INFORMATION: The Board Trail-Use Request Extension ...... 84
may contact the Board’s Office of Public currently collects information from
Assistance, Governmental Affairs, and those seeking statutory authority to Total Burden Hours (annually
Compliance at (202) 245–0238 or refer preserve rail carrier service under OMB including all respondents): 826 Hours
to the full discontinuance regulations at Control Number 2140–0022. The (sum total of estimated hours per
49 CFR 1152. Assistance for the hearing authority under OMB Control Number response × number of responses for each
impaired is available through the 2140–0022 includes the collection of type of filing).
Federal Information Relay Service information under the Trails Act and its
(FIRS) at 1–800–877–8339. regulations, such as the notifications of TABLE—ESTIMATED HOURS PER
Board decisions and notices are Trails Act agreement and substitute RESPONSE
available on our website at sponsorship, which is also addressed
‘‘WWW.STB.GOV.’’ under OMB Control Number 2140–0017. Number of
Decided: April 12, 2018. Type of filing hours per
This request proposes to combine response
By the Board, Scott M. Zimmerman, Acting collections under Control Numbers
Director, Office of Proceedings. 2140–0017 and 2140–0022, with 2140– Offer of Financial Assistance ... 32
Raina Contee, 0022 being the survivor. The Board will OFA—Railroad Reply to Re-
Clearance Clerk. request to discontinue Control Number quest for Information ............. 10
2140–0017 upon OMB approval of the OFA—Request To Set Terms
[FR Doc. 2018–08134 Filed 4–17–18; 8:45 am]
and Conditions ...................... 4
BILLING CODE 4915–01–P merger.
Request for Public Use Condi-
Comments are requested concerning: tion ........................................ 2
(1) The accuracy of the Board’s burden Feeder Line Application ............ 70
SURFACE TRANSPORTATION BOARD estimates; (2) ways to enhance the Trail-Use Request ..................... 4
quality, utility, and clarity of the Trail-Use Request Extension .... 4
60-Day Notice of Intent To Seek information collected; (3) ways to
Extension of Approval and Merger of minimize the burden of the collection of Total ‘‘Non-hour Burden’’ Cost: None
Collections: Statutory Authority To information on the respondents, identified. Filings may be submitted
Preserve Rail Service including the use of automated electronically to the Board.
Surface Transportation Board.
AGENCY: collection techniques or other forms of Needs and Uses: Under the ICC
Notice and request for
ACTION: information technology, when Termination Act of 1995, Public Law
comments. appropriate; and (4) whether the 104–88, 109 Stat. 803 (1995), amended
amozie on DSK30RV082PROD with NOTICES

collection of information is necessary by the Surface Transportation Board
SUMMARY: As part of its continuing effort for the proper performance of the Reauthorization Act of 2015, Public Law
to reduce paperwork burdens, and as functions of the Board, including 114–110 (2015), and under Section 8(d)
required by the Paperwork Reduction whether the collection has practical of the Trails Act, persons seeking to
Act of 1995, the Surface Transportation utility. Submitted comments will be preserve rail service over a rail line that
Board (STB or Board) gives notice that summarized and included in the is in the process of being abandoned
it is requesting from the Office of Board’s request for OMB approval. may file pleadings before the Board to

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Document Created: 2018-04-18 02:59:59
Document Modified: 2018-04-18 02:59:59
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		83 FR 17209