83 FR 19592 - Kasgro Rail Corp.-Discontinuance of Service Exemption-in Lawrence County, Pa.
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 86 (May 3, 2018)
Federal Register Volume 83, Issue 86 (May 3, 2018)
| Page Range | 19592-19593 | |
| FR Document | 2018-09399 |
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)] [Notices] [Pages 19592-19593] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09399] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. AB 1264X] Kasgro Rail Corp.--Discontinuance of Service Exemption--in Lawrence County, Pa. On April 13, 2018, Kasgro Rail Corp. (Kasgro) 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 its lease operations over approximately four miles of rail line owned by EASX Corporation (EASX) in Lawrence County, Pa. (the Line). The Line consists of three segments. The New Castle Branch begins at New Castle Monumented Base Line (MBL), at Survey Station 10+00, opposite the former Pittsburgh and Lake Erie Railroad's (P&LE) Main Line MBL Survey Station 2580+10, and extends in a generally northeasterly direction to the former P&LE Valuation Station 146+10. The Big Run Branch begins at P&LE New Castle Branch Baseline of Survey, at Survey Station 84+44, and extends in a generally southwesterly direction to a connection with CSX Transportation, Inc. (CSXT). The Sample Spur begins at Valuation Station 2+00 off of CSXT's main line between Cumberland, Md., and Willard, Ohio, and continues in a generally northward direction to Valuation Station 40+75.7, where it connects with New Castle Industrial Railroad (NCIR), formerly known as ISS Rail, Inc. (ISS). The Line is located entirely within the New Castle station. The Line traverses United States Postal Service Zip Codes 16101 and 16102. Kasgro states that, based on inquiry of EASX and information in Kasgro's possession, the Line does not contain any federally granted rights-of-way. Kasgro states that any documentation in its possession will be made available to those requesting it. Kasgro states that it acquired authority to lease the Line in June 2000.\1\ During that time, ISS and ISS's successor, NCIR, operated over the Line, as required by the lease. On April 3, 2018, Kasgro gave EASX written notice of its intent to exit the lease 30 days after the STB authorizes Kasgro to discontinue service. Kasgro states that following Kasgro's proposed discontinuance, NCIR will continue to operate the Line for EASX. --------------------------------------------------------------------------- \1\ See Kasgro Rail Corp.--Lease & Operation Exemption--EASX Corp. & Rail Servs. Corp., FD 33882 (STB served June 22, 2000). --------------------------------------------------------------------------- As a condition to this exemption, any employee adversely affected by the 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 August 1, 2018. 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. See 49 CFR 1105.6(c)(5), 1105.8(b). Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) to subsidize continued rail service will be due no later than August 13, 2018, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner.\2\ Each OFA must be accompanied by a $1,800 filing fee. See 49 CFR 1002.2(f)(25). --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- All filings in response to this notice must refer to Docket No. AB 1264 and must be sent to: (1) Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001; and (2) Jeffrey O. Moreno, Thompson Hine LLP, 1919 M Street NW, Suite 700, Washington, DC 20036. Replies to this petition are due on or before May 23, 2018. [[Page 19593]] 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 and discontinuance regulations at 49 CFR pt. 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 30, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2018-09399 Filed 5-2-18; 8:45 am] BILLING CODE 4915-01-P
![19592 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Notices
According to Pan Am, MBR, a Class adverse discontinuance proceeding. 49 possession, the Line does not contain
III rail carrier, has been operating over CFR 1104.12(a). any federally granted rights-of-way.
the Line pursuant to a trackage rights Persons seeking further information Kasgro states that any documentation in
agreement dated June 22, 1992, which concerning discontinuance procedures its possession will be made available to
Pan Am claims expired in 2004.1 Pan may contact the Board’s Office of Public those requesting it.
Am asks that the Board terminate MBR’s Assistance, Governmental Affairs, and Kasgro states that it acquired
operating authority so that Pan Am may Compliance at (202) 245–0238 or refer authority to lease the Line in June
repossess its property, after which Pan to the full discontinuance regulations at 2000.1 During that time, ISS and ISS’s
Am states it would provide service over 49 CFR pt. 1152. Assistance for the successor, NCIR, operated over the Line,
the Line. hearing impaired is available through as required by the lease. On April 3,
According to Pan Am, the Line does the Federal Information Relay Service 2018, Kasgro gave EASX written notice
not contain federally granted rights-of- (FIRS) at 1–800–877–8339. of its intent to exit the lease 30 days
way. Any documentation in Pan Am’s Board decisions and notices are after the STB authorizes Kasgro to
possession will be made available available on our website at discontinue service. Kasgro states that
promptly to those requesting it. Pan ‘‘WWW.STB.GOV.’’ following Kasgro’s proposed
Am’s entire case-in-chief for adverse Decided: April 30, 2018.
discontinuance, NCIR will continue to
discontinuance was filed with the operate the Line for EASX.
By the Board, Scott M. Zimmerman, Acting As a condition to this exemption, any
application. Director, Office of Proceedings.
employee adversely affected by the
In a decision served June 23, 2017, Kenyatta Clay, discontinuance of service shall be
Pan Am was granted exemptions from Clearance Clerk. protected under Oregon Short Line
several statutory provisions as well as [FR Doc. 2018–09398 Filed 5–2–18; 8:45 am] Railroad—Abandonment Portion
waivers of certain Board regulations that BILLING CODE 4915–01–P Goshen Branch Between Firth &
were not relevant to its adverse
Ammon, in Bingham & Bonneville
discontinuance application or that
Counties, Idaho, 360 I.C.C. 91 (1979).
sought information not available to Pan SURFACE TRANSPORTATION BOARD By issuance of this notice, the Board
Am. is instituting an exemption proceeding
[Docket No. AB 1264X]
Any interested person may file pursuant to 49 U.S.C. 10502(b). A final
written comments or protests (including Kasgro Rail Corp.—Discontinuance of decision will be issued by August 1,
protestant’s entire opposition case) Service Exemption—in Lawrence 2018.
concerning the proposed adverse County, Pa. Because this is a discontinuance
discontinuance by May 29, 2018. proceeding and not an abandonment
Persons who may oppose the proposed On April 13, 2018, Kasgro Rail Corp. proceeding, trail use/rail banking and
adverse discontinuance but who do not (Kasgro) filed with the Board a petition public use conditions are not
wish to participate fully in the process under 49 U.S.C. 10502 for exemption appropriate. Because there will be
by submitting verified statements of from the prior approval requirements of environmental review during
witnesses containing detailed evidence 49 U.S.C. 10903 to discontinue its lease abandonment, this discontinuance does
should file comments. Persons opposing operations over approximately four not require an environmental review.
the proposed adverse discontinuance miles of rail line owned by EASX See 49 CFR 1105.6(c)(5), 1105.8(b).
who wish to participate actively and Corporation (EASX) in Lawrence Any offer of financial assistance
fully in the process should file a protest, County, Pa. (the Line). (OFA) under 49 CFR 1152.27(b)(2) to
observing the filing, service, and content The Line consists of three segments. subsidize continued rail service will be
requirements of 49 CFR 1152.25. Pan The New Castle Branch begins at New due no later than August 13, 2018, or 10
Am’s reply is due by June 12, 2018. Castle Monumented Base Line (MBL), at days after service of a decision granting
All filings in response to this notice Survey Station 10+00, opposite the the petition for exemption, whichever
must refer to Docket No. AB 1256 and former Pittsburgh and Lake Erie occurs sooner.2 Each OFA must be
must be sent to: (1) Surface Railroad’s (P&LE) Main Line MBL accompanied by a $1,800 filing fee. See
Transportation Board, 395 E Street SW, Survey Station 2580+10, and extends in 49 CFR 1002.2(f)(25).
Washington, DC 20423–0001; and (2) a generally northeasterly direction to the All filings in response to this notice
Robert B. Burns, 1700 Iron Horse Park, former P&LE Valuation Station 146+10. must refer to Docket No. AB 1264 and
North Billerica, MA 01862. The Big Run Branch begins at P&LE must be sent to: (1) Surface
Filings may be submitted either via New Castle Branch Baseline of Survey, Transportation Board, 395 E Street SW,
the Board’s e-filing format or in the at Survey Station 84+44, and extends in Washington, DC 20423–0001; and (2)
traditional paper format. Any person a generally southwesterly direction to a Jeffrey O. Moreno, Thompson Hine LLP,
using e-filing should comply with the connection with CSX Transportation, 1919 M Street NW, Suite 700,
instructions found on the Board’s Inc. (CSXT). The Sample Spur begins at Washington, DC 20036. Replies to this
‘‘www.stb.gov’’ website, at the ‘‘E- Valuation Station 2+00 off of CSXT’s petition are due on or before May 23,
FILING’’ link. Any person submitting a main line between Cumberland, Md., 2018.
filing in the traditional paper format and Willard, Ohio, and continues in a
should send the original and 10 copies generally northward direction to 1 See Kasgro Rail Corp.—Lease & Operation
of the filing to the Board with a Valuation Station 40+75.7, where it Exemption—EASX Corp. & Rail Servs. Corp., FD
connects with New Castle Industrial 33882 (STB served June 22, 2000).
sradovich on DSK3GMQ082PROD with NOTICES
certificate of service. Except as 2 The Board modified its OFA procedures
otherwise set forth in 49 CFR pt. 1152, Railroad (NCIR), formerly known as ISS effective July 29, 2017. Among other things, the
every document filed with the Board Rail, Inc. (ISS). The Line is located OFA process now requires potential offerors, in
must be served on all parties to this entirely within the New Castle station. their formal expression of intent, to make a
The Line traverses United States Postal preliminary financial responsibility showing based
on a calculation using information contained in the
1 See Milford-Bennington R.R.—Trackage Rights Service Zip Codes 16101 and 16102. carrier’s filing and publicly-available information.
Exemption—Boston & Me. Corp., FD 32103 (ICC Kasgro states that, based on inquiry of See Offers of Financial Assistance, EP 729 (STB
served July 9, 1992). EASX and information in Kasgro’s served June 29, 2017); 82 FR 30,997 (July 5, 2017).
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![Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Notices 19593
Persons seeking further information receiving warning of an approaching final action is taken. Comments received
concerning discontinuance procedures train. PATH also contends roadway after that date will be considered if
may contact the Board’s Office of Public maintenance procedures will be more practicable.
Assistance, Governmental Affairs, and efficient by increasing the number of Anyone can search the electronic
Compliance at (202) 245–0238 or refer clearing locations, thereby reducing form of any written communications
to the full abandonment and time spent moving to and from places of and comments received into any of our
discontinuance regulations at 49 CFR pt. safety. dockets by the name of the individual
1152. Assistance for the hearing PATH is a rapid transit system, with submitting the comment (or signing the
impaired is available through the 13.8 route miles, of which 7.4 miles are document, if submitted on behalf of an
Federal Information Relay Service composed of an underground tunnel association, business, labor union, etc.).
(FIRS) at 1–800–877–8339. system that operates between the states DOT posts these comments, without
Board decisions and notices are of New York and New Jersey. The edit, including any personal information
available on our website at current tunnel system was built between the commenter provides, to
WWW.STB.GOV. 1873 and 1901. As such, the physical www.regulations.gov, as described in
Decided: April 30, 2018. structure and track configurations the system of records notice (DOT/ALL–
within the tunnel system provide many 14 FDMS), which can be reviewed at
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings. locations where it is physically https://www.transportation.gov/privacy.
impossible to clear outside four feet of See also https://www.regulations.gov/
Kenyatta Clay,
the near rail. PATH explains that the privacyNotice for the privacy notice of
Clearance Clerk.
historical use and safety record of bench regulations.gov.
[FR Doc. 2018–09399 Filed 5–2–18; 8:45 am] walls as a place of clearance for close to
BILLING CODE 4915–01–P half a century without incident show Robert C. Lauby,
that, under certain conditions, they can Associate Administrator for Railroad Safety,
be used as a place of safety within the Chief Safety Officer.
DEPARTMENT OF TRANSPORTATION four-foot fouling envelope. [FR Doc. 2018–09401 Filed 5–2–18; 8:45 am]
A copy of the petition, as well as any BILLING CODE 4910–06–P
Federal Railroad Administration written communications concerning the
[Docket Number FRA–2018–0041] petition, is available for review online at
www.regulations.gov and in person at DEPARTMENT OF TRANSPORTATION
Petition for Waiver of Compliance the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200 Federal Railroad Administration
Under part 211 of Title 49 of the Code
New Jersey Ave. SE, W12–140, [Docket Number FRA–2009–0015]
of Federal Regulations (CFR), this
Washington, DC 20590. The Docket
provides the public notice that on April Petition for Waiver of Compliance
Operations Facility is open from 9 a.m.
18, 2018, the Port Authority Trans-
to 5 p.m., Monday through Friday, Under part 211 of Title 49 Code of
Hudson Corporation (PATH) petitioned
except Federal Holidays. Federal Regulations (CFR), this
the Federal Railroad Administration Interested parties are invited to
(FRA) for a waiver of compliance from document provides the public notice
participate in these proceedings by
certain provisions of the Federal that on April 13, 2018, Ritron, Inc.
submitting written views, data, or
railroad safety regulations contained at (Ritron) petitioned the Federal Railroad
comments. FRA does not anticipate
49 CFR part 214. FRA assigned the Administration (FRA) for a waiver of
scheduling a public hearing in
petition docket number FRA–2018– compliance from certain provisions of
connection with these proceedings since
0041. the Federal railroad safety regulations
the facts do not appear to warrant a
PATH is requesting relief from the contained at 49 CFR 232.409(d). FRA
hearing. If any interested parties desire
definition of ‘‘fouling a track’’ found in assigned the petition Docket Number
an opportunity for oral comment and a
49 CFR 214.7 at certain locations within FRA–2009–0015.
public hearing, they should notify FRA,
PATH’s tunnel system if certain Ritron is seeking to extend its waiver
in writing, before the end of the
conditions are met. PATH seeks the of compliance from 49 CFR 232.409(d)
comment period and specify the basis
waiver to allow tunnel bench walls to be for three models of its two-way
for their request.
considered a ‘‘place of safety’’ under All communications concerning these transceiver radios used for the link
§ 214.329, Train Approach Warning, for proceedings should identify the modules inside Head-of-Train (HOT)
the safety and efficiency of roadway appropriate docket number and may be and End-of-Train (EOT) devices. These
maintenance procedures at that those submitted by any of the following three models are DTX–445, DTX–454,
locations. If approved, when train methods: and DTX–460. These models use a
approach warning or foul time is used • Website: http:// master reference oscillator to determine
as the method of protection, roadway www.regulations.gov. Follow the online the frequency stability of the
workers may move to a previously instructions for submitting comments. transmitted signal. The actual
arranged place of safety designated as a • Fax: 202–493–2251. transmitted signal is phase-locked to
‘‘Clearance Area.’’ Due to track and • Mail: Docket Operations Facility, this master oscillator by a phase-locked
physical structure configurations, the U.S. Department of Transportation, 1200 loop. This self-calibrating procedure
designated ‘‘Clearance Area’’ can be less New Jersey Avenue SE, W12–140, eliminates the need for yearly re-
than the required four feet from the near calibrations. Ritron states that if the
sradovich on DSK3GMQ082PROD with NOTICES
Washington, DC 20590.
running rail, yet still provides a place of • Hand Delivery: 1200 New Jersey radio is operating, it is within
safety, protecting roadway workers from Avenue SE, Room W12–140, specifications. Ritron originally received
the risk of being struck by moving trains Washington, DC 20590, between 9 a.m. a waiver of compliance on July 21, 2010.
or on-track equipment. PATH states and 5 p.m., Monday through Friday, Ritron received an updated waiver, to
safety will be improved by reducing the except Federal Holidays. add another radio to that included in
distance roadway workers must walk to Communications received by June 18, the original request, on September 4,
reach a compliant place of safety upon 2018 will be considered by FRA before 2013.
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Document Created: 2018-05-02 23:48:17
Document Modified: 2018-05-02 23:48:17
| 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 19592 |
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