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)

[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]


=======================================================================
-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.''
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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