Norfolk Southern Railway Company-Abandonment Exemption-in Fayette and Wayne Counties, Ind.; C&NC Railroad Corporation-Discontinuance of Service Exemption-in Fayette and Wayne Counties, Ind., 67215-67216 [2013-26839]

Download as PDF TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Notices For the foregoing reasons, the agency hereby grants in full Porsche’s petition for exemption for the Porsche Macan vehicle line from the parts-marking requirements of Part 541. The agency notes that 49 CFR Part 541, Appendix A–1, identifies those lines that are exempted from the Federal Motor Vehicle Theft Prevention Standard for a given model year. 49 CFR Part 543.7(f) contains publication requirements incident to the disposition of all Part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts marking requirements of the Federal Motor Vehicle Theft Prevention Standard. The agency notes that Porsche was significantly delayed in submitting its petition for exemption for its MY 2014 Macan vehicle line. As specified under paragraph (4) of § 543.5(b), a petition for an exemption must be submitted at least 8 months before the commencement of production for the first model year in which the petitioner wishes those lines to be exempted. Porsche is reminded of its statutory requirement for meeting this timeline when submitting future petitions for exemptions. If Porsche decides not to use the exemption for this line, it must formally notify the agency. If such a decision is made, the line must be fully marked according to the requirements under 49 CFR 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if Porsche wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Part 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the antitheft device on which the line’s exemption is based. Further, Part 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de VerDate Mar<15>2010 18:08 Nov 07, 2013 Jkt 232001 minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2013–26809 Filed 11–7–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 352X); Docket No. AB 1093 (Sub No. 1X)] Norfolk Southern Railway Company— Abandonment Exemption—in Fayette and Wayne Counties, Ind.; C&NC Railroad Corporation—Discontinuance of Service Exemption—in Fayette and Wayne Counties, Ind. Norfolk Southern Railway Company (NSR) and C&NC Railroad Corporation (CNUR) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F–Exempt Abandonments and Discontinuances of Service for NSR to abandon, and for CNUR to discontinue service over, approximately 0.61 miles of rail line between milepost CB 4.80 (near East County Road 450N in Connersville, Fayette County, Ind.) and milepost CB 5.41 (near Whitaker Drive in Washington Township, Wayne County, Ind.) (the Line). The Line traverses United States Postal Service Zip Codes 47331 and 47357. Applicants have certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years, and if there were any overhead traffic, it 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 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. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 67215 As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance 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, these exemptions will be effective on December 10, 2013, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 18, 2013. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 29, 2013, 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 applicants’ representatives: Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037, and Richard R. Wilson, 518 Center St., Suite 1, Ebensberg, PA 15931. 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 and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 15, 2013. 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 1 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. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). E:\FR\FM\08NON1.SGM 08NON1 67216 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Notices environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. 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 November 8, 2014, 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.dot.gov. Decided: November 4, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–26839 Filed 11–7–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 286 (Sub-No. 7X)] TKELLEY on DSK3SPTVN1PROD with NOTICES The New York, Susquehanna and Western Railway Corporation— Abandonment Exemption—Passaic and Morris Counties, NY The New York, Susquehanna and Western Railway Corporation (NYS&W) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon a segment of its line of railroad, known as the Pompton Industrial, between milepost 22.1 in Wayne Township, Passaic County, N.J., and milepost 26.3 in Pompton Plains Township, Morris County, N.J. (the Line). The Line traverses United States Postal Service Zip Codes 07440, 07442, 07444, and 07470. NYS&W has certified that: (1) No local traffic has moved over the Line for at least two years; (2) there is no overhead traffic on the Line; 1 (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 1 NYS&W states that no local or overhead traffic has moved over the portion of the Line between milepost 22.1 and milepost 25.96 for over twenty years, or on the portion of the Line between 25.96 and milepost 26.3 for over two years. VerDate Mar<15>2010 18:08 Nov 07, 2013 Jkt 232001 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 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 December 11, 2013, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 18, 2013. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 29, 2013, 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 NYS&W’s representative: Eric M. Hocky, Clark Hill Thorp Reed, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. If the verified notice contains false or misleading information, the exemption is void ab initio. NYS&W 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 November 15, 2013. Interested persons 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 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. 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), NYS&W 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 NYS&W’s filing of a notice of consummation by November 8, 2014, 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.DOT.GOV.’’ Decided: November 4, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–26837 Filed 11–7–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 346X)] Norfolk Southern Railway Company— Abandonment Exemption—in Lake County, Ind. On October 22, 2013, Norfolk Southern Railroad Company (NSR) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to abandon approximately 2.95 miles of railroad between milepost MQ 280.15 (near the intersection of Lincoln Highway and Junction Avenue in the City of Schererville, Ind.) and milepost MQ 283.10 (near the line’s crossing of E 53rd Avenue/Main Street, which is proximate to the border of the Town of Munster and the City of Schererville), in Lake County, Ind. (the Line). The Line traverses United States Postal Service E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67215-67216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26839]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 352X); Docket No. AB 1093 (Sub No. 1X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Fayette and Wayne Counties, Ind.; C&NC Railroad Corporation--
Discontinuance of Service Exemption--in Fayette and Wayne Counties, 
Ind.

    Norfolk Southern Railway Company (NSR) and C&NC Railroad 
Corporation (CNUR) (collectively, applicants) have jointly filed a 
verified notice of exemption under 49 CFR part 1152 subpart F-Exempt 
Abandonments and Discontinuances of Service for NSR to abandon, and for 
CNUR to discontinue service over, approximately 0.61 miles of rail line 
between milepost CB 4.80 (near East County Road 450N in Connersville, 
Fayette County, Ind.) and milepost CB 5.41 (near Whitaker Drive in 
Washington Township, Wayne County, Ind.) (the Line). The Line traverses 
United States Postal Service Zip Codes 47331 and 47357.
    Applicants have certified that: (1) No local traffic has moved over 
the Line for at least two years; (2) no overhead traffic has moved over 
the Line for at least two years, and if there were any overhead 
traffic, it 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 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 or discontinuance 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, these exemptions will be 
effective on December 10, 2013, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
November 18, 2013. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 29, 2013, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Robert A. Wimbish, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037, and 
Richard R. Wilson, 518 Center St., Suite 1, Ebensberg, PA 15931.
    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 and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by November 15, 2013. 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

[[Page 67216]]

environmental and historic preservation matters must be filed within 15 
days after the EA becomes available to the public.
    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 November 8, 2014, 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.dot.gov.

    Decided: November 4, 2013.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-26839 Filed 11-7-13; 8:45 am]
BILLING CODE 4915-01-P