SMS Rail Service, Inc.-Abandonment Exemption-in Gloucester County, N.J., 37651-37652 [2017-17007]

Download as PDF Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices that week’s activities the Small Business Administration (SBA) issues recognition awards to various small business owners, entrepreneurs and advocates. Award nominees and nominators submit this information to SBA for use in evaluating their eligibility for an award, verifying accuracy of information submitted, and determining whether there are any actual or potential conflicts of interest. Summary of Information Collections: Title: Small Business Administration Award Nomination. Description of Respondents: Small Business Owners and Advocates who have been nominated for an SBA recognition award. Form Number: 3300–3314. Estimated Annual Responses: 600. Estimated Annual Hour Burden: 900. Curtis B. Rich, Management Analyst. [FR Doc. 2017–16991 Filed 8–10–17; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15230 and #15231; ARIZONA Disaster Number AZ–00050] U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of Arizona dated 08/03/ 2017. Incident: Post-fire Flooding from Monsoon Storms. Incident Period: 07/19/2017 and continuing. Issued on 08/03/2017. Physical Loan Application Deadline Date: 10/02/2017. Economic Injury (EIDL) Loan Application Deadline Date: 05/03/2018. ADDRESS: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The asabaliauskas on DSKBBXCHB2PROD with NOTICES 17:18 Aug 10, 2017 Jkt 241001 For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 3.500 1.750 6.610 3.305 2.500 2.500 3.305 2.500 (Catalog of Federal Domestic Assistance Number 59008) SUMMARY: VerDate Sep<11>2014 Percent The number assigned to this disaster for physical damage is 15230 6 and for economic injury is 15231 0. The State which received an EIDL Declaration # is Arizona. Administrative Declaration of a Disaster for the State of Arizona DATES: following areas have been determined to be adversely affected by the disaster: Primary Counties: Yavapai Contiguous Counties: Arizona: Coconino, Gila, La Paz, Maricopa, Mohave. The Interest Rates are: Dated: August 3, 2017. Linda E. McMahon, Administrator. 37651 Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 08/05/2017, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. Incident: Flooding. Incident Period: 06/07/2017 through 06/22/2017. The following areas have been determined to be adversely affected by the disaster: Primary Areas: Fremont and Park Counties and the Wind River Reservation within Fremont County. The Interest Rates are: Percent For Physical Damage: Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Non-Profit Organizations without Credit Available Elsewhere ..................................... 2.500 2.500 2.500 [FR Doc. 2017–16956 Filed 8–10–17; 8:45 am] The number assigned to this disaster for physical damage is 152386 and for economic injury is 152390. BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15238 and #15239; WYOMING Disaster Number WY–00039] Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Wyoming Frm 00095 Fmt 4703 Sfmt 4703 [FR Doc. 2017–16913 Filed 8–10–17; 8:45 am] SURFACE TRANSPORTATION BOARD This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Wyoming (FEMA–4327– DR), dated 08/05/2017. DATES: Issued on 08/05/2017. Physical Loan Application Deadline Date: 10/04/2017. Economic Injury (EIDL) Loan Application Deadline Date: 05/07/2018. ADDRESSES: Submit completed loan applications to: U.S. Small Business PO 00000 James E. Rivera Associate Administrator for Disaster Assistance. BILLING CODE 8025–01–P U.S. Small Business Administration. ACTION: Notice. AGENCY: SUMMARY: (Catalog of Federal Domestic Assistance Number 59008) [Docket No. AB 1095 (Sub-No. 2X)] SMS Rail Service, Inc.—Abandonment Exemption—in Gloucester County, N.J. SMS Rail Service, Inc. (SMS), has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon approximately 5.8 miles of rail line (the Line) within the 970-acre refinery owned by Paulsboro Refining Company, LLC (PRC), in Paulsboro, Gloucester E:\FR\FM\11AUN1.SGM 11AUN1 37652 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES County, N.J.1 The Line traverses United States Postal Service Zip Code 08066. SMS has certified that: (1) No overhead traffic has moved over the Line for at least two years and overhead traffic, if there were any, could be rerouted over other lines; (2) 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 a complainant within the two-year period; and (3) 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.2 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, this exemption will be effective on September 10, 2017, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to 1 The Line is the same line as to which the Board granted PRC’s application for adverse abandonment against SMS in December 2014. See Paulsboro Refining Co.—Adverse Aban.—in Gloucester Cty., N.J., AB 1095 (Sub-No. 1) (STB served Dec. 2, 2014). That decision later was vacated at the parties’ joint request due to settlement. Paulsboro Refining Co.— Adverse Aban.—in Gloucester Cty., N.J., AB 1095 (Sub-No. 1) (STB served June 19, 2015). 2 To qualify for the two-year out-of-service class exemption, a carrier must also certify that ‘‘no local traffic has moved over the line for at least 2 years,’’ 49 CFR 1152.50(b). Here, SMS certifies that ‘‘no rail traffic has been transported by SMS over [the Line] . . . for at least two years.’’ (Notice, App. 1 at 1 (emphasis added).) In light of the unique circumstances of this case (including, among other things, the recent adverse abandonment proceeding pertaining to the Line), the Board has waived 1152.50(b) to the extent, if any, that SMS’s certification could be deemed not to meet the requirement of that regulation. SMS Rail Serv., Inc.—Aban. Exemption—in Gloucester Cty., N.J. (July Decision), AB 1095 (Sub-No. 2X), slip op. at 1 (STB served July 13, 2017). 3 The Board will grant a stay if an informed decision on any environmental issues raised 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 VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 file an OFA under 49 CFR 1152.27(c)(2),4 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 21, 2017. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 31, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to Robert A. Klein, Berkowitz Klein, LLP, 629 B Swedesford Road, Swedesford Corporate Center, Malvern, PA 19355–1530. If the verified notice contains false or misleading information, the exemption is void ab initio. Combined environmental and historic reports that addressed the effects, if any, of abandonment of the Line on the environment and historic resources were prepared and submitted to the Board as part of PRC’s adverse abandonment application for the Line in Docket No. AB 1095 (Sub-No. 1). The Board’s Office of Environmental Analysis (OEA) issued an Environmental Assessment (EA) in that proceeding on February 12, 2014, concluding that the proposed abandonment would not significantly impact the quality of the human environment and recommending no environmental mitigation conditions. Following the public comment period, OEA issued a final EA in which it recommended no environmental mitigation conditions. In its decision granting PRC’s adverse abandonment application, the Board adopted OEA’s analysis and found that the proposed abandonment, if implemented, would not significantly affect the quality of the human environment and that no environmental conditions were needed. See Paulsboro Refining Co.—Adverse Aban.—in Gloucester Cty., N.J., AB 1095 (Sub-No. 1), slip op. at 6 (STB served Dec. 2, 2014). In the July Decision, the Board found that the environmental review conducted in Docket No. AB 1095 (Sub-No. 1) satisfies the agency’s obligations under the National Environmental Policy Act, 42 U.S.C. 4321, and the National Historic Preservation Act, 54 U.S.C. 300101 et seq., in this case and therefore waived the environmental and historic appropriate action before the exemption’s effective date. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See 49 CFR 1002.2(f)(25). Effective September 1, 2017, the fee will become $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. C at 20 (STB served July 28, 2017). PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 reporting requirements under 49 CFR 1105.7 and 1105.8 for this proceeding. 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), SMS 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 SMS’s filing of a notice of consummation by August 13, 2017, 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 Web site at ‘‘WWW.STB.GOV.’’ Decided: By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2017–17007 Filed 8–10–17; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2017–0014] Generalized System of Preferences (GSP): Initiation of the 2017 Annual GSP Product and Country Practices Review; Deadlines for Filing Petitions; Notice of Change in Country Practices Hearing Office of the United States Trade Representative. ACTION: Notice of public hearing and request for petitions and comments. AGENCY: The Office of the United States Trade Representative (USTR) will consider petitions to modify the list of articles that are eligible for duty-free treatment under the Generalized System of Preferences (GSP) program, and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. USTR is extending the previously announced hearing on Bolivia’s country practices to include a second day to provide interested parties with an opportunity to submit testimony on the following country practice petitions accepted in previous years that continue to be under review: Argentina, Ecuador, Georgia, Indonesia, Iraq, Laos, Thailand, Ukraine, and Uzbekistan. USTR will announce the procedures to receive petitions requesting waivers of competitive need limitations (CNLs) and the schedule for a public hearing on the product review petitions and any SUMMARY: E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37651-37652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17007]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1095 (Sub-No. 2X)]


SMS Rail Service, Inc.--Abandonment Exemption--in Gloucester 
County, N.J.

    SMS Rail Service, Inc. (SMS), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon approximately 5.8 miles of rail line (the Line) within the 970-
acre refinery owned by Paulsboro Refining Company, LLC (PRC), in 
Paulsboro, Gloucester

[[Page 37652]]

County, N.J.\1\ The Line traverses United States Postal Service Zip 
Code 08066.
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    \1\ The Line is the same line as to which the Board granted 
PRC's application for adverse abandonment against SMS in December 
2014. See Paulsboro Refining Co.--Adverse Aban.--in Gloucester Cty., 
N.J., AB 1095 (Sub-No. 1) (STB served Dec. 2, 2014). That decision 
later was vacated at the parties' joint request due to settlement. 
Paulsboro Refining Co.--Adverse Aban.--in Gloucester Cty., N.J., AB 
1095 (Sub-No. 1) (STB served June 19, 2015).
---------------------------------------------------------------------------

    SMS has certified that: (1) No overhead traffic has moved over the 
Line for at least two years and overhead traffic, if there were any, 
could be rerouted over other lines; (2) 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 
a complainant within the two-year period; and (3) 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.\2\
---------------------------------------------------------------------------

    \2\ To qualify for the two-year out-of-service class exemption, 
a carrier must also certify that ``no local traffic has moved over 
the line for at least 2 years,'' 49 CFR 1152.50(b). Here, SMS 
certifies that ``no rail traffic has been transported by SMS over 
[the Line] . . . for at least two years.'' (Notice, App. 1 at 1 
(emphasis added).) In light of the unique circumstances of this case 
(including, among other things, the recent adverse abandonment 
proceeding pertaining to the Line), the Board has waived 1152.50(b) 
to the extent, if any, that SMS's certification could be deemed not 
to meet the requirement of that regulation. SMS Rail Serv., Inc.--
Aban. Exemption--in Gloucester Cty., N.J. (July Decision), AB 1095 
(Sub-No. 2X), slip op. at 1 (STB served July 13, 2017).
---------------------------------------------------------------------------

    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, this exemption will be 
effective on September 10, 2017, 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 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by August 21, 2017. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 31, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \3\ The Board will grant a stay if an informed decision on any 
environmental issues raised 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 $1,700. See 49 CFR 1002.2(f)(25). Effective 
September 1, 2017, the fee will become $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. C at 
20 (STB served July 28, 2017).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
Robert A. Klein, Berkowitz Klein, LLP, 629 B Swedesford Road, 
Swedesford Corporate Center, Malvern, PA 19355-1530.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Combined environmental and historic reports that addressed the 
effects, if any, of abandonment of the Line on the environment and 
historic resources were prepared and submitted to the Board as part of 
PRC's adverse abandonment application for the Line in Docket No. AB 
1095 (Sub-No. 1). The Board's Office of Environmental Analysis (OEA) 
issued an Environmental Assessment (EA) in that proceeding on February 
12, 2014, concluding that the proposed abandonment would not 
significantly impact the quality of the human environment and 
recommending no environmental mitigation conditions. Following the 
public comment period, OEA issued a final EA in which it recommended no 
environmental mitigation conditions. In its decision granting PRC's 
adverse abandonment application, the Board adopted OEA's analysis and 
found that the proposed abandonment, if implemented, would not 
significantly affect the quality of the human environment and that no 
environmental conditions were needed. See Paulsboro Refining Co.--
Adverse Aban.--in Gloucester Cty., N.J., AB 1095 (Sub-No. 1), slip op. 
at 6 (STB served Dec. 2, 2014). In the July Decision, the Board found 
that the environmental review conducted in Docket No. AB 1095 (Sub-No. 
1) satisfies the agency's obligations under the National Environmental 
Policy Act, 42 U.S.C. 4321, and the National Historic Preservation Act, 
54 U.S.C. 300101 et seq., in this case and therefore waived the 
environmental and historic reporting requirements under 49 CFR 1105.7 
and 1105.8 for this proceeding.
    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), SMS 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 SMS's filing of a notice of 
consummation by August 13, 2017, 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 Web site at 
``WWW.STB.GOV.''

    Decided:

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-17007 Filed 8-10-17; 8:45 am]
 BILLING CODE 4915-01-P