83 FR 26139 - BNSF Railway Company-Abandonment Exemption-in the City of Des Moines, Polk County, Iowa; Norfolk Southern Railway Company-Discontinuance of Service Exemption-in the City of Des Moines, Polk County, Iowa

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range		26139-26140
FR Document		2018-12044
Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26139-26140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12044]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 6 (Sub-No. 496X); Docket No. AB 290 (Sub-No. 400X)]


BNSF Railway Company--Abandonment Exemption--in the City of Des 
Moines, Polk County, Iowa; Norfolk Southern Railway Company--
Discontinuance of Service Exemption--in the City of Des Moines, Polk 
County, Iowa

    BNSF Railway Company (BNSF), and Norfolk Southern Railway Company 
(NSR) (collectively, Applicants), have jointly filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service for BNSF to abandon, and for NSR to 
discontinue service over, approximately 0.45 miles of rail line between 
milepost 67.38 and milepost 66.93 in the City of Des Moines, Polk 
County, Iowa (the Line). The Line traverses United States Postal 
Service Zip Code 50309.
    Applicants have certified that: (1) No local rail traffic has moved 
over the Line for at least two years; (2) no overhead rail traffic has 
moved over the Line for at least two years; (3) no formal complaint 
filed by a user of 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 either is pending with the Surface Transportation 
Board (Board) or with any U.S. District Court or has been decided in 
favor of complainant within the two-year period; and (4) the 
requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 
(transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment 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). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial

[[Page 26140]]

assistance (OFA) \1\ has been received, these exemptions will be 
effective on July 5, 2018,\2\ unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 15, 2018. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 25, 2018, with 
the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
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    \1\ 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).
    \2\ Applicants initially filed their verified notice of 
exemption on April 30, 2018. BNSF filed a supplemental certificate 
of service for the environmental and historic report on May 16, 
2018. Therefore, the official filing date is May 16, 2018.
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemptions' effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemptions' effective 
date.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to Karl 
Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001 and Crystal M. Zorbaugh, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment on the 
environment and historic resources. OEA issued an environmental 
assessment (EA) on May 25, 2018. Interested persons may obtain a copy 
of the EA by writing to OEA (Room 1100, Surface Transportation Board, 
Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339. Comments on 
environmental and historic preservation matters must be filed by June 
11, 2018.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by BNSF's filing of a notice of 
consummation by June 5, 2019, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 31, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-12044 Filed 6-4-18; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices 26139

(Catalog of Federal Domestic Assistance SUMMARY: This is an amendment of the Dated: May 24, 2018.
Number 59008) Presidential declaration of a major A. Joseph Shepard,
James Rivera, disaster for Public Assistance Only for Associate Administrator for Investment and
Associate Administrator, for Disaster the State of Ohio (FEMA–4360–DR), Innovation.
Assistance. dated 04/17/2018. [FR Doc. 2018–12039 Filed 6–4–18; 8:45 am]
[FR Doc. 2018–11968 Filed 6–4–18; 8:45 am] Incident: Severe Storms, Flooding, BILLING CODE P

BILLING CODE 8025–01–P and Landslides.
Incident Period: 02/14/2018 through
02/25/2018. SURFACE TRANSPORTATION BOARD
SMALL BUSINESS ADMINISTRATION DATES: Issued on 05/24/2018. [Docket No. AB 6 (Sub-No. 496X); Docket
[License No. 02/02–0664] Physical Loan Application Deadline No. AB 290 (Sub-No. 400X)]
Date: 06/18/2018.
Medley SBIC, L.P.; Notice Seeking BNSF Railway Company—
Economic Injury (EIDL) Loan
Exemption Under Section 312 of the Abandonment Exemption—in the City
Application Deadline Date: 01/17/2019.
Small Business Investment Act, of Des Moines, Polk County, Iowa;
Conflicts of Interest ADDRESSES: Submit completed loan Norfolk Southern Railway Company—
applications to: U.S. Small Business Discontinuance of Service
Notice is hereby given that Medley Administration, Processing and
SBIC, L.P., 280 Park Avenue, New York, Exemption—in the City of Des Moines,
Disbursement Center, 14925 Kingsport Polk County, Iowa
NY 10017, a Federal Licensee under the Road, Fort Worth, TX 76155.
Small Business Investment Act of 1958, BNSF Railway Company (BNSF), and
as amended (‘‘the Act’’), in connection FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance, Norfolk Southern Railway Company
with the financing of a small concern, (NSR) (collectively, Applicants), have
has sought an exemption under Section U.S. Small Business Administration,
409 3rd Street SW, Suite 6050, jointly filed a verified notice of
312 of the Act and Section 107.730, exemption under 49 CFR pt. 1152
Financings which Constitute Conflicts Washington, DC 20416, (202) 205–6734.
subpart F—Exempt Abandonments and
of Interest of the Small Business SUPPLEMENTARY INFORMATION: The notice Discontinuances of Service for BNSF to
Administration (‘‘SBA’’) Rules and of the President’s major disaster abandon, and for NSR to discontinue
Regulations (13 CFR 107.730). Medley declaration for Private Non-Profit service over, approximately 0.45 miles
SBIC, L.P. proposes to sell its debt organizations in the State of Ohio, dated of rail line between milepost 67.38 and
security financing of The Plastics 04/17/2018, is hereby amended to milepost 66.93 in the City of Des
Group, Inc., 7409 S. Quincy Street, include the following areas as adversely Moines, Polk County, Iowa (the Line).
Willowbrook, IL 60527 (‘‘TPG’’). affected by the disaster. The Line traverses United States Postal
The sale is brought within the
Primary Counties: Coshocton, Harrison, Service Zip Code 50309.
purview of § 107.730(a) of the
Jefferson, Morgan Applicants have certified that: (1) No
Regulations as the purchaser, Medley
All other information in the original local rail traffic has moved over the Line
Capital Corporation, is an Associate of
declaration remains unchanged. for at least two years; (2) no overhead
Medley SBIC, L.P. and an investor in
rail traffic has moved over the Line for
TPG therefore this transaction requires (Catalog of Federal Domestic Assistance at least two years; (3) no formal
prior SBA approval. Number 59008)
Notice is hereby given that any complaint filed by a user of rail service
interested person may submit written James Rivera, on the Line (or by a state or local
comments on the transaction, within Associate Administrator for Disaster government entity acting on behalf of
fifteen days of the date of this Assistance. such user) regarding cessation of service
publication, to the Associate [FR Doc. 2018–11967 Filed 6–4–18; 8:45 am] over the Line either is pending with the
Administrator for Investment, U.S. BILLING CODE 8025–01–P
Surface Transportation Board (Board) or
Small Business Administration, 409 with any U.S. District Court or has been
Third Street SW, Washington, DC decided in favor of complainant within
20416. SMALL BUSINESS ADMINISTRATION the two-year period; and (4) the
requirements at 49 CFR 1105.7(c)
Dated: May 17, 2018. Surrender of License of Small (environmental report), 49 CFR 1105.11
A. Joseph Shepard, Business Investment Company (transmittal letter), 49 CFR 1105.12
Associate Administrator, Office of Investment (newspaper publication), and 49 CFR
and Innovation. Pursuant to the authority granted to 1152.50(d)(1) (notice to governmental
[FR Doc. 2018–12038 Filed 6–4–18; 8:45 am] the United States Small Business agencies) have been met.
BILLING CODE 8025–01–P Administration under the Small As a condition to these exemptions,
Business Investment Act of 1958, as any employee adversely affected by the
amended, under Section 309 of the Act abandonment shall be protected under
SMALL BUSINESS ADMINISTRATION and Section 107.1900 of the Small Oregon Short Line Railroad—
Business Administration Rules and Abandonment Portion Goshen Branch
[Disaster Declaration #15495 and #15496;
OHIO Disaster Number OH–00054]
Regulations (13 CFR 107.1900) to Between Firth & Ammon, in Bingham &
function as a small business investment Bonneville Counties, Idaho, 360 I.C.C.
amozie on DSK3GDR082PROD with NOTICES1

Presidential Declaration Amendment of company under the Small Business 91 (1979). To address whether this
a Major Disaster for Public Assistance Investment Company License No. 02/ condition adequately protects affected
Only for the State of Ohio 72–0631 issued to Kinderhook Capital employees, a petition for partial
SBIC Fund I, LP, said license is hereby revocation under 49 U.S.C. 10502(d)
AGENCY: U.S. Small Business declared null and void.
Administration. must be filed.
United States Small Business Provided no formal expression of
ACTION: Amendment 1.
Administration intent to file an offer of financial

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26140 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

assistance (OFA) 1 has been received, Pursuant to the provisions of 49 CFR • Mail: Docket Management Facility,
these exemptions will be effective on 1152.29(e)(2), BNSF shall file a notice of U.S. Department of Transportation, 1200
July 5, 2018,2 unless stayed pending consummation with the Board to signify New Jersey Avenue SE, West Building,
reconsideration. Petitions to stay that do that it has exercised the authority Ground Floor, Room W12–140,
not involve environmental issues,3 granted and fully abandoned the Line. If Washington, DC 20590–0001.
formal expressions of intent to file an consummation has not been effected by • Hand Delivery or Courier: West
OFA under 49 CFR 1152.27(c)(2),4 and BNSF’s filing of a notice of Building, Ground Floor, Room W12–
trail use/rail banking requests under 49 consummation by June 5, 2019, and 140, 1200 New Jersey Avenue SE,
CFR 1152.29 must be filed by June 15, there are no legal or regulatory barriers between 9 a.m. and 5 p.m., Monday
2018. Petitions to reopen or requests for to consummation, the authority to through Friday, except Federal holidays.
public use conditions under 49 CFR abandon will automatically expire. • Fax: 1–202–493–2251.
1152.28 must be filed by June 25, 2018, Board decisions and notices are • Each submission must include the
with the Surface Transportation Board, available on our website at Agency name and the docket number for
395 E Street SW, Washington, DC WWW.STB.GOV. this notice. Note that DOT posts all
20423–0001. Decided: May 31, 2018. comments received without change to
A copy of any petition filed with the www.regulations.gov, including any
By the Board, Scott M. Zimmerman, Acting
Board should be sent to Karl Morell, Director, Office of Proceedings. personal information included in a
Karl Morell & Associates, 440 1st Street comment. Please see the Privacy Act
Jeffrey Herzig,
NW, Suite 440, Washington, DC 20001 heading below.
Clearance Clerk.
and Crystal M. Zorbaugh, Baker & Miller Docket: For access to the docket to
PLLC, 2401 Pennsylvania Ave. NW, [FR Doc. 2018–12044 Filed 6–4–18; 8:45 am]
read background documents or
Suite 300, Washington, DC 20037. BILLING CODE 4915–01–P
comments, go to www.regulations.gov at
If the verified notice contains false or any time or visit Room W12–140 on the
misleading information, the exemptions ground level of the West Building, 1200
are void ab initio. DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington,
Applicants have filed a combined
Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., ET,
environmental and historic report that
Administration Monday through Friday, except Federal
addresses the effects, if any, of the
holidays. The on-line FDMS is available
abandonment on the environment and [Docket No. FMCSA–2018–0180] 24 hours each day, 365 days each year.
historic resources. OEA issued an
Privacy Act: In accordance with 5
environmental assessment (EA) on May Hours of Service of Drivers: U.S.C. 553(c), DOT solicits comments
25, 2018. Interested persons may obtain Application for Exemption; Small from the public to better inform its
a copy of the EA by writing to OEA Business in Transportation Coalition rulemaking process. DOT posts these
(Room 1100, Surface Transportation
AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Board, Washington, DC 20423–0001) or
by calling OEA at (202) 245–0305. Administration (FMCSA), DOT. personal information the commenter
Assistance for the hearing impaired is ACTION: Notice of application for provides, to www.regulations.gov, as
available through the Federal exemption; request for comments. described in the system of records
Information Relay Service (FIRS) at notice (DOT/ALL–14 FDMS), which can
SUMMARY: FMCSA announces that the be reviewed at www.dot.gov/privacy.
1–800–877–8339. Comments on Small Business in Transportation
environmental and historic preservation FOR FURTHER INFORMATION CONTACT: For
Coalition (SBTC) has requested an information concerning this notice,
matters must be filed by June 11, 2018.
exemption from the electronic logging contact Mr. Tom Yager, Chief, FMCSA
Environmental, historic preservation,
public use, or trail use/rail banking device (ELD) requirements for all motor Driver and Carrier Operations Division;
conditions will be imposed, where carriers with fewer than 50 employees, Office of Carrier, Driver and Vehicle
appropriate, in a subsequent decision. including, but not limited to, one- Safety Standards; Telephone: 614–942–
person private and for-hire owner- 6477. Email: MCPSD@dot.gov. If you
1 The Board modified its OFA procedures operators of commercial motor vehicles have questions on viewing or submitting
effective July 29, 2017. Among other things, the used in interstate commerce. SBTC material to the docket, contact Docket
OFA process now requires potential offerors, in believes that the exemption would not Services, telephone (202) 366–9826.
their formal expression of intent, to make a have any adverse impacts on
preliminary financial responsibility showing based SUPPLEMENTARY INFORMATION:
on a calculation using information contained in the operational safety as motor carriers and
carrier’s filing and publicly available information. drivers would remain subject to the I. Public Participation and Request for
See Offers of Financial Assistance, EP 729 (STB hours-of-service (HOS) regulations as Comments
served June 29, 2017); 82 FR 30,997 (July 5, 2017). well as the requirements to maintain
2 Applicants initially filed their verified notice of FMCSA encourages you to participate
paper RODS. FMCSA requests public
exemption on April 30, 2018. BNSF filed a by submitting comments and related
supplemental certificate of service for the comment on SBTC’s application for
materials.
environmental and historic report on May 16, 2018. exemption.
Therefore, the official filing date is May 16, 2018. Submitting Comments
3 The Board will grant a stay if an informed DATES: Comments must be received on
decision on environmental issues (whether raised or before July 5, 2018. If you submit a comment, please
by a party or by the Board’s Office of Environmental ADDRESSES: You may submit comments include the docket number for this
Analysis (OEA) in its independent investigation) notice (FMCSA–2018–0180), indicate
identified by Federal Docket
amozie on DSK3GDR082PROD with NOTICES1

cannot be made before the exemptions’ effective
date. See Exemption of Out-of-Serv. Rail Lines, 5 Management System (FDMS) Number the specific section of this document to
I.C.C.2d 377 (1989). Any request for a stay should FMCSA–2018–0180 by any of the which the comment applies, and
be filed as soon as possible so that the Board may following methods: provide a reason for suggestions or
take appropriate action before the exemptions’ • Federal eRulemaking Portal: recommendations. You may submit
effective date.
4 Each OFA must be accompanied by the filing www.regulations.gov. See the Public your comments and material online or
fee, which is currently set at $1,800. See 49 CFR Participation and Request for Comments by fax, mail, or hand delivery, but
1002.2(f)(25). section below for further information. please use only one of these means.

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Document Created: 2018-11-02 11:46:18
Document Modified: 2018-11-02 11:46:18
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 26139