83 FR 51041 - Norfolk Southern Railway Company-Abandonment Exemption-in the City of Detroit, Mich.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range		51041-51042
FR Document		2018-21999
Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 51041-51042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21999]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 402X)]


Norfolk Southern Railway Company--Abandonment Exemption--in the 
City of Detroit, Mich.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon rail service in NSR's Detroit Boat Yard.\1\ Specifically, NSR 
seeks to abandon: (1) Approximately 0.63 miles of track extending from 
milepost D 1.38 (at switch) to a point without a milepost approximately 
3,303 feet to the north; (2) NSR's common carrier operating interest 
over approximately 0.49 miles of connecting track jointly owned and 
operated by NSR and CSX Transportation, Inc. (CSXT), extending from 
milepost D 1.23 to milepost D 1.72 (near West Jefferson Ave.) in the 
City of Detroit, Mich. (collectively, Line). CSXT's right to operate 
over the jointly owned segment between milepost D 1.23 and milepost D 
1.72 will be unaffected by NSR's abandonment. The Line traverses United 
States Postal Service Zip Codes 48216, 48222 and 48226.
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    \1\ NSR states that it believes its Detroit Boat Yard track is 
excepted track under 49 U.S.C. 10906 but it is seeking abandonment 
authority for that track ``out of an abundance of caution, as some 
historical operation over the tracks may have exhibited some limited 
indicia of jurisdictional operations.''
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    NSR has certified that: (1) It has moved no local or overhead 
traffic over the Line for at least two years; (2) overhead traffic on 
the Line, if there were any, could be rerouted over other lines; (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 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), 49 CFR 
1152.50(d)(1) (notice to governmental agencies), 49 CFR 1105.11 
(transmittal letter), and 49 CFR 1105.7 and 1105.8 (environment and 
historic report), have been met.
    As a condition to this exemption, 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 assistance (OFA) has been received,\2\ this exemption will be 
effective on November 9, 2018, 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 
October 22, 2018. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 30, 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\ 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 exemption's 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 exemption's effective 
date.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. B at 13 (STB served Aug. 
8, 2018).
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    A copy of any petition filed with the Board should be sent to NSR's 
representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 15, 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 at (800) 877-8339. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.

[[Page 51042]]

    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), NSR 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 NSR's filing of a notice of 
consummation by September 20, 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: October 4, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-21999 Filed 10-9-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 51041

Washington, DC 20416; and SBA Desk SURFACE TRANSPORTATION BOARD employees, a petition for partial
Officer, Office of Information and revocation under 49 U.S.C. 10502(d)
[Docket No. AB 290 (Sub-No. 402X)]
Regulatory Affairs, Office of must be filed.
Management and Budget, New Norfolk Southern Railway Company— Provided no formal expression of
Executive Office Building, Washington, Abandonment Exemption—in the City intent to file an offer of financial
DC 20503. of Detroit, Mich. assistance (OFA) has been received,2
this exemption will be effective on
FOR FURTHER INFORMATION CONTACT: Norfolk Southern Railway Company November 9, 2018, unless stayed
Curtis Rich, Agency Clearance Officer, (NSR) has filed a verified notice of pending reconsideration. Petitions to
(202) 205–7030 curtis.rich@sba.gov. exemption under 49 CFR pt. 1152 stay that do not involve environmental
Copies: A copy of the Form OMB subpart F—Exempt Abandonments to issues,3 formal expressions of intent to
83–1, supporting statement, and other abandon rail service in NSR’s Detroit file an OFA under 49 CFR
documents submitted to OMB for Boat Yard.1 Specifically, NSR seeks to 1152.27(c)(2),4 and trail use/rail banking
abandon: (1) Approximately 0.63 miles requests under 49 CFR 1152.29 must be
review may be obtained from the
of track extending from milepost D 1.38 filed by October 22, 2018. Petitions to
Agency Clearance Officer.
(at switch) to a point without a milepost reopen or requests for public use
SUPPLEMENTARY INFORMATION: SBA Form approximately 3,303 feet to the north; conditions under 49 CFR 1152.28 must
2428 is used by Small Business (2) NSR’s common carrier operating be filed by October 30, 2018, with the
Investment Companies (SBICs) interest over approximately 0.49 miles Surface Transportation Board, 395 E
requesting a determination of eligibility of connecting track jointly owned and Street SW, Washington, DC 20423–0001.
for SBA leverage in form of a deferred operated by NSR and CSX A copy of any petition filed with the
interest ‘‘Energy Saving Debenture’’ to Transportation, Inc. (CSXT), extending Board should be sent to NSR’s
be used only in making an ‘‘Energy from milepost D 1.23 to milepost D 1.72 representative, William A. Mullins,
(near West Jefferson Ave.) in the City of Baker & Miller PLLC, 2401 Pennsylvania
Saving Qualified Investment’’.
Detroit, Mich. (collectively, Line). Ave. NW, Suite 300, Washington, DC
Eligibility is based on whether a Small
CSXT’s right to operate over the jointly 20037.
Business to be financed with leverage If the verified notice contains false or
owned segment between milepost D
proceeds is ‘‘primarily engaged’’ in 1.23 and milepost D 1.72 will be misleading information, the exemption
Energy Savings Activities as defined in unaffected by NSR’s abandonment. The is void ab initio.
the SBIC program regulations. An SBIC Line traverses United States Postal NSR has filed a combined
must provide supporting evidence of Service Zip Codes 48216, 48222 and environmental and historic report that
Small Business eligibility, and the Small 48226. addresses the effects, if any, of the
Business must certify the information is NSR has certified that: (1) It has abandonment on the environment and
true and correct. moved no local or overhead traffic over historic resources. OEA will issue an
the Line for at least two years; (2) environmental assessment (EA) by
Solicitation of Public Comments overhead traffic on the Line, if there October 15, 2018. Interested persons
Comments may be submitted on (a) were any, could be rerouted over other may obtain a copy of the EA by writing
whether the collection of information is lines; (3) no formal complaint filed by to OEA (Room 1100, Surface
a user of rail service on the Line (or by Transportation Board, Washington, DC
necessary for the agency to properly
a state or local government entity acting 20423–0001) or by calling OEA at (202)
perform its functions; (b) whether the
on behalf of such user) regarding 245–0305. Assistance for the hearing
burden estimates are accurate; (c) impaired is available through the
cessation of service over the Line either
whether there are ways to minimize the Federal Information Relay Service at
is pending with the Surface
burden, including through the use of Transportation Board (Board) or any (800) 877–8339. Comments on
automated techniques or other forms of U.S. District Court or has been decided environmental and historic preservation
information technology; and (d) whether in favor of a complainant within the matters must be filed within 15 days
there are ways to enhance the quality, two-year period; and (4) the after the EA becomes available to the
utility, and clarity of the information. requirements at 49 CFR 1105.12 public.
Summary of Information Collections (newspaper publication), 49 CFR
1152.50(d)(1) (notice to governmental 2 The Board modified its OFA procedures

effective July 29, 2017. Among other things, the
Title: Financing Eligibility Statement agencies), 49 CFR 1105.11 (transmittal OFA process now requires potential offerors, in
for Usage of Energy Saving Debenture. letter), and 49 CFR 1105.7 and 1105.8 their formal expression of intent, to make a
(environment and historic report), have preliminary financial responsibility showing based
Description of Respondents: Small on a calculation using information contained in the
been met.
Business Investment Companies. As a condition to this exemption, any carrier’s filing and publicly available information.
See Offers of Financial Assistance, EP 729 (STB
Form Number: SBA Form 2428. employee adversely affected by the served June 29, 2017); 82 FR 30,997 (July 5, 2017).
Estimated Annual Respondents: 5. abandonment shall be protected under 3 The Board will grant a stay if an informed

Oregon Short Line Railroad— decision on environmental issues (whether raised
Estimated Annual Responses: 5. Abandonment Portion Goshen Branch by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
Estimated Annual Hour Burden: 50. Between Firth & Ammon, in Bingham & cannot be made before the exemption’s effective
Bonneville Counties, Idaho, 360 I.C.C. date. See Exemption of Out-of-Serv. Rail Lines, 5
Curtis Rich, I.C.C.2d 377 (1989). Any request for a stay should
91 (1979). To address whether this
amozie on DSK3GDR082PROD with NOTICES1

Management Analyst. be filed as soon as possible so that the Board may
condition adequately protects affected take appropriate action before the exemption’s
[FR Doc. 2018–21975 Filed 10–9–18; 8:45 am]
effective date.
BILLING CODE 8025–01–P 1 NSR states that it believes its Detroit Boat Yard 4 Each OFA must be accompanied by the filing

track is excepted track under 49 U.S.C. 10906 but fee, which is currently set at $1,800. See
it is seeking abandonment authority for that track Regulations Governing Fees for Servs. Performed in
‘‘out of an abundance of caution, as some historical Connection with Licensing & Related Servs.—2017
operation over the tracks may have exhibited some Update, EP 542 (Sub-No. 25), slip op. App. B at 13
limited indicia of jurisdictional operations.’’ (STB served Aug. 8, 2018).

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51042 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

Environmental, historic preservation, Carrier Registration Board of Directors, ACTION: Notice of actions on special
public use, or trail use/rail banking at (505) 827–4565. permit applications.
conditions will be imposed, where Issued on: October 3, 2018.
appropriate, in a subsequent decision. Larry W. Minor, SUMMARY: In accordance with the
Pursuant to the provisions of 49 CFR Associate Administrator, Office of Policy, procedures governing the application
1152.29(e)(2), NSR shall file a notice of Federal Motor Carrier Safety Administration. for, and the processing of, special
consummation with the Board to signify [FR Doc. 2018–22117 Filed 10–5–18; 4:15 pm] permits from the Department of
that it has exercised the authority Transportation’s Hazardous Material
BILLING CODE 4910–EX–P
granted and fully abandoned the Line. If Regulations, notice is hereby given that
consummation has not been effected by the Office of Hazardous Materials Safety
NSR’s filing of a notice of DEPARTMENT OF TRANSPORTATION has received the application described
consummation by September 20, 2019,
herein
and there are no legal or regulatory Federal Motor Carrier Safety
barriers to consummation, the authority Administration DATES: Comments must be received on
to abandon will automatically expire. or before November 9, 2018.
Board decisions and notices are Sunshine Act Meetings; Unified Carrier
available on our website at www.stb.gov. Registration Plan Board of Directors ADDRESSES: Record Center, Pipeline and
Hazardous Materials Safety
Decided: October 4, 2018. TIME AND DATE: The meeting will be held Administration U.S. Department of
By the Board, Scott M. Zimmerman, Acting on October 25, 2018, from 12:00 to 3:00
Director, Office of Proceedings.
Transportation Washington, DC 20590.
p.m., Eastern Daylight Time.
Comments should refer to the
Brendetta Jones, PLACE: This meeting will be open to the
Clearance Clerk. public via conference call. Any application number and be submitted in
interested person may call 1–866–210– triplicate. If confirmation of receipt of
[FR Doc. 2018–21999 Filed 10–9–18; 8:45 am]
1669, passcode 5253902#, to listen and comments is desired, include a self-
BILLING CODE 4915–01–P
participate in this meeting. addressed stamped postcard showing
STATUS: Open to the public. the special permit number.
DEPARTMENT OF TRANSPORTATION MATTERS TO BE CONSIDERED: The Unified FOR FURTHER INFORMATION CONTACT:
Carrier Registration Plan Board of Ryan Paquet, Director, Office of
Federal Motor Carrier Safety Directors (the Board) will continue its Hazardous Materials Approvals and
Administration work in developing and implementing Permits Division, Pipeline and
the Unified Carrier Registration Plan Hazardous Materials Safety
Sunshine Act Meetings; Unified Carrier and Agreement and to that end, may Administration, U.S. Department of
Registration Plan Board of Directors consider matters properly before the Transportation, East Building, PHH–30,
Board. An agenda for this meeting will 1200 New Jersey Avenue Southeast,
TIME AND DATE: The meeting will occur be available no later than 5:00 p.m.
on November 1, 2018, from 8:30 a.m. to Washington, DC 20590–0001, (202) 366–
Eastern Daylight Time, October 15,
4:30 p.m., Eastern Daylight Time, and 4535.
2018, at: https://ucrplan.org.
November 2, 2018, from 8:30 a.m. to SUPPLEMENTARY INFORMATION: Copies of
CONTACT PERSON FOR MORE INFORMATION:
12:00 p.m., Eastern Daylight Time. the applications are available for
Mr. Avelino Gutierrez, Chair, Unified
PLACE: The meeting will be held at the Carrier Registration Board of Directors, inspection in the Records Center, East
Fairfield Inn & Suites Cape Cod at (505) 827–4565. Building, PHH–30, 1200 New Jersey
Hyannis, 867 Iyannough Road, Hyannis, Avenue Southeast, Washington DC or at
Issued on: October 3, 2018.
MA 02601, and via conference call. http://regulations.gov.
Larry W. Minor,
Those who cannot attend the meeting in
person may call toll-free (866) 210– Associate Administrator, Office of Policy, This notice of receipt of applications
Federal Motor Carrier Safety Administration. for special permit is published in
1669, passcode 5253902#, to listen and
participate. [FR Doc. 2018–22123 Filed 10–5–18; 4:15 pm] accordance with part 107 of the Federal
STATUS: Open to the public.
BILLING CODE 4910–EX–P hazardous materials transportation law
(49 U.S.C. 5117(b); 49 CFR 1.53(b)).
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Finance DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on October 02,
Subcommittee will continue developing 2018.
and implementing the Unified Carrier Pipeline and Hazardous Materials Donald P. Burger,
Registration Plan and Agreement. An Safety Administration Chief, General Approvals and Permits
agenda for this meeting will be available Branch.
no later than 5:00 p.m. Eastern Daylight Hazardous Materials: Notice of
Time, October 22, 2018, at https:// Applications for Special Permits
ucrplan.org. AGENCY: Pipeline and Hazardous
CONTACT PERSON FOR MORE INFORMATION: Materials Safety Administration
Mr. Avelino Gutierrez, Chair, Unified (PHMSA), DOT.
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Application No. Applicant Regulation(s) affected Nature of the special permits thereof

SPECIAL PERMITS DATA—Granted

11379–M ............ TRW AUTOMOTIVE INC. ...... 173.301, 173.302a ................. To modify the special permit to authorize additional disposal
options. (modes 1,2,3,4,5).

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Document Created: 2018-10-10 17:37:48
Document Modified: 2018-10-10 17:37:48
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 51041