83_FR_17777 83 FR 17699 - Alliance Terminal Railroad, LLC-Discontinuance of Service and Discontinuance of Trackage Rights Exemption-in Denton and Tarrant Counties, Texas

83 FR 17699 - Alliance Terminal Railroad, LLC-Discontinuance of Service and Discontinuance of Trackage Rights Exemption-in Denton and Tarrant Counties, Texas

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 78 (April 23, 2018)

Page Range17699-17699
FR Document2018-08420

Federal Register, Volume 83 Issue 78 (Monday, April 23, 2018) 
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Page 17699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08420]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1262X]


Alliance Terminal Railroad, LLC--Discontinuance of Service and 
Discontinuance of Trackage Rights Exemption--in Denton and Tarrant 
Counties, Texas

    Alliance Terminal Railroad, LLC (ATR) has filed a verified notice 
of exemption under 49 CFR 1152 subpart F-Exempt Abandonments and 
Discontinuances of Service to discontinue service and trackage rights 
over approximately 23.9 miles of rail line in Denton and Tarrant 
Counties, Tex. (the Line). Specifically, ATR is seeking to discontinue 
(a) service over approximately 12.9 miles of subleased track that is 
owned by BNSF Railway Company (BNSF) and was previously leased to 
Quality Terminal Services LLC, a non-carrier corporate affiliate of 
ATR, in Haslet, Tex.,\1\ and (b) an additional 11 miles of incidental, 
overhead trackage rights over BNSF Main Line #2 in Haslet and Saginaw, 
Tex., splitting from BNSF Main Line #1 at milepost 359.0 and rejoining 
BNSF Main Line #1 at milepost 370.0. The Line traverses United States 
Postal Service Zip Codes 76052 and 76247.
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    \1\ ATR states that the subleased track lies adjacent to BNSF 
Main Line #2 and that there are no mileposts associated with the 
subleased track or BNSF Main Line #2. ATR further states that the 
subleased track lies approximately between milepost 362.2 and 
milepost 365.0 on BNSF Main Line #1.
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    ATR has certified that: (1) It has handled no local or overhead 
traffic over the Line for at least two years; (2) any overhead traffic 
on the Line can be rerouted over other lines; (3) no formal complaint 
filed by a user of a 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 is pending either with the Surface Transportation 
Board (Board) or with any U.S. District Court or has been decided in 
favor of a complainant within the two-year period; and (4) the 
requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    The verified notice states that the Line ``constitutes the entirety 
of ATR's past operations.'' Where, as here, the carrier is 
discontinuing service over its entire system, the Board does not 
normally impose labor protection under 49 U.S.C. 10502(g), unless the 
evidence indicates the existence of: (1) A corporate affiliate that 
will continue substantially similar rail operations; or (2) a corporate 
parent that will realize substantial financial benefits over and above 
relief from the burden of deficit operations by its subsidiary 
railroad. See Honey Creek R.R.--Aban. Exemption--in Henry Cty., Ind., 
AB 865X (STB served Aug. 20, 2004); Wellsville, Addison & Galeton 
R.R.--Aban., 354 I.C.C. 744 (1978); and Northampton & Bath R.R.--Aban., 
354 I.C.C. 784 (1978). According to ATR, after discontinuance no 
corporate affiliate of ATR will continue similar operations, nor will 
ATR's parent company realize substantial financial benefits over and 
above relief from a common carrier obligation over a line that ATR has 
not operated over in more than two years. Therefore, employee 
protection conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) \2\ to subsidize continued rail service has 
been received, this exemption will be effective May 23, 2018,\3\ unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \4\ must be 
filed by May 3, 2018.\5\ Petitions for reconsideration must be filed by 
May 14, 2018, with the Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001.
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    \2\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors, in their formal expression of intent, to make a 
preliminary financial responsibility showing based on a calculation 
using information contained in the carrier's filing and publicly 
available information. See Offers of Financial Assistance, EP 729 
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
    \3\ ATR initially filed its verified notice of exemption on 
March 12, 2018. ATR supplemented its notice on March 22, 2018 and 
April 3, 2018. Therefore, April 3 will be considered the official 
filing date.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,800. See Regulations Governing Fees for 
Servs. Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25) (STB served July 28, 2017).
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Because there will be an environmental review 
during abandonment, this discontinuance does not require 
environmental review.
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    A copy of any petition filed with Board should be sent to ATR's 
representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our website at 
``WWW.STB.GOV.''

    Decided: April 18, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-08420 Filed 4-20-18; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices 17699 • Frequency: On Occasion. exemption under 49 CFR 1152 subpart operations, nor will ATR’s parent • Obligation To Respond: Required to F–Exempt Abandonments and company realize substantial financial Obtain or Retain a Benefit. Discontinuances of Service to benefits over and above relief from a We are soliciting public comments to discontinue service and trackage rights common carrier obligation over a line permit the Department to: over approximately 23.9 miles of rail that ATR has not operated over in more • Evaluate whether the proposed line in Denton and Tarrant Counties, than two years. Therefore, employee information collection is necessary for Tex. (the Line). Specifically, ATR is protection conditions will not be the proper functions of the Department. seeking to discontinue (a) service over • Evaluate the accuracy of our imposed. approximately 12.9 miles of subleased estimate of the time and cost burden for track that is owned by BNSF Railway Provided no formal expression of this proposed collection, including the Company (BNSF) and was previously intent to file an offer of financial validity of the methodology and leased to Quality Terminal Services assistance (OFA) 2 to subsidize assumptions used. LLC, a non-carrier corporate affiliate of continued rail service has been • Enhance the quality, utility, and ATR, in Haslet, Tex.,1 and (b) an received, this exemption will be clarity of the information to be additional 11 miles of incidental, effective May 23, 2018,3 unless stayed collected. overhead trackage rights over BNSF pending reconsideration. Petitions to • Minimize the reporting burden on Main Line #2 in Haslet and Saginaw, stay that do not involve environmental those who are to respond, including the Tex., splitting from BNSF Main Line #1 issues and formal expressions of intent use of automated collection techniques at milepost 359.0 and rejoining BNSF or other forms of information to file an OFA to subsidize continued Main Line #1 at milepost 370.0. The rail service under 49 CFR 1152.27(c)(2) 4 technology. Line traverses United States Postal Please note that comments submitted must be filed by May 3, 2018.5 Petitions Service Zip Codes 76052 and 76247. for reconsideration must be filed by May in response to this Notice are public ATR has certified that: (1) It has record. Before including any detailed 14, 2018, with the Surface handled no local or overhead traffic personal information, you should be Transportation Board, 395 E Street SW, over the Line for at least two years; (2) aware that your comments as submitted, Washington, DC 20423–0001. any overhead traffic on the Line can be including your personal information, rerouted over other lines; (3) no formal A copy of any petition filed with will be available for public review. complaint filed by a user of a rail Board should be sent to ATR’s Abstract of Proposed Collection service on the Line (or by a state or local representative, Bradon J. Smith, Fletcher The DS–261 allows the beneficiary of government entity acting on behalf of & Sippel LLC, 29 North Wacker Drive, an approved and current immigrant visa such user) regarding cessation of service Suite 920, Chicago, IL 60606. petition to provide the Department with over the Line is pending either with the If the verified notice contains false or his or her current address, which will be Surface Transportation Board (Board) or misleading information, the exemption used for communications with the with any U.S. District Court or has been is void ab initio. beneficiary. The DS–261 also allows the decided in favor of a complainant within the two-year period; and (4) the Board decisions and notices are beneficiary to appoint an agent to requirements at 49 CFR 1105.12 available on our website at receive mailings from the National Visa (newspaper publication) and 49 CFR ‘‘WWW.STB.GOV.’’ Center (NVC) and assist in the filing of various application forms and/or paying 1152.50(d)(1) (notice to governmental Decided: April 18, 2018. the required fees. The beneficiary is not agencies) have been met. By the Board, Scott M. Zimmerman, Acting The verified notice states that the Line required to appoint an agent but must Director, Office of Proceedings. ‘‘constitutes the entirety of ATR’s past provide current contact information. All Jeffrey Herzig, operations.’’ Where, as here, the carrier cases will be held at NVC until the DS– is discontinuing service over its entire Clearance Clerk. 261 is electronically submitted to the system, the Board does not normally [FR Doc. 2018–08420 Filed 4–20–18; 8:45 am] Department. impose labor protection under 49 U.S.C. BILLING CODE 4915–01–P Methodology 10502(g), unless the evidence indicates Applicants will complete the form the existence of: (1) A corporate affiliate 2 The Board modified its OFA procedures online and submit it electronically to that will continue substantially similar effective July 29, 2017. Among other things, the the Department. rail operations; or (2) a corporate parent OFA process now requires potential offerors, in that will realize substantial financial their formal expression of intent, to make a Edward J Ramotowski, preliminary financial responsibility showing based benefits over and above relief from the on a calculation using information contained in the Deputy Assistant Secretary, Bureau of burden of deficit operations by its carrier’s filing and publicly available information. Consular Affairs, Department of State. subsidiary railroad. See Honey Creek See Offers of Financial Assistance, EP 729 (STB [FR Doc. 2018–08380 Filed 4–20–18; 8:45 am] R.R.—Aban. Exemption—in Henry Cty., served June 29, 2017); 82 FR 30,997 (July 5, 2017). 3 ATR initially filed its verified notice of BILLING CODE 4710–06–P Ind., AB 865X (STB served Aug. 20, exemption on March 12, 2018. ATR supplemented 2004); Wellsville, Addison & Galeton its notice on March 22, 2018 and April 3, 2018. R.R.—Aban., 354 I.C.C. 744 (1978); and Therefore, April 3 will be considered the official SURFACE TRANSPORTATION BOARD Northampton & Bath R.R.—Aban., 354 filing date. 4 Each OFA must be accompanied by the filing I.C.C. 784 (1978). According to ATR, [Docket No. AB 1262X] fee, which currently is set at $1,800. See after discontinuance no corporate Regulations Governing Fees for Servs. Performed in Alliance Terminal Railroad, LLC— affiliate of ATR will continue similar Connection with Licensing & Related Servs.—2017 amozie on DSK30RV082PROD with NOTICES Discontinuance of Service and Update, EP 542 (Sub-No. 25) (STB served July 28, 1 ATR states that the subleased track lies adjacent 2017). Discontinuance of Trackage Rights to BNSF Main Line #2 and that there are no 5 Because this is a discontinuance proceeding and Exemption—in Denton and Tarrant mileposts associated with the subleased track or not an abandonment, trail use/rail banking and Counties, Texas BNSF Main Line #2. ATR further states that the public use conditions are not appropriate. Because subleased track lies approximately between there will be an environmental review during Alliance Terminal Railroad, LLC milepost 362.2 and milepost 365.0 on BNSF Main abandonment, this discontinuance does not require (ATR) has filed a verified notice of Line #1. environmental review. VerDate Sep<11>2014 17:09 Apr 20, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1


Document Created: 2018-04-21 00:32:53
Document Modified: 2018-04-21 00:32:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 17699 
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