Paulsboro Refining Company LLC-Adverse Abandonment-In Gloucester County, NJ., 5020-5021 [2014-01989]

Download as PDF 5020 Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES traverses United States Postal Service Zip Code 04915 and includes the station of City Point at milepost 2.16.2 The City states that, based on information in its possession, the Line does not contain federally granted rights-of-way. Any documentation in the City’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued no later than April 30, 2014. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than May 9, 2014, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner. Each OFA must be accompanied by a $1,600 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than February 19, 2014.3 Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 1109X and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001; and (2) Kristin M. Collins, Kelly & Collins, LLC, 96 High Street, Belfast, ME 04915. Replies to the petition are due on or before February 19, 2014. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer 2 The City states that there has been no freight traffic on the Line since 1990. 3 The City states that it has determined that the best use of the line is a scenic recreational walking and bicycling trail and asks the Board to issue a notice of interim trail use (NITU). It is well established that OFAs to acquire rail lines for continued rail service or to subsidize rail operations take priority over interim trail use/rail banking. See, e.g., Mid-Michigan R.R.—Aban. Exemption—In Kent, Ionia, & Montcalm Cntys., Mich., AB 364 (Sub-No. 12X) (STB served Apr. 4, 2008). Thus, any NITU the Board may issue cannot take effect until after the OFA process has been allowed to proceed. VerDate Mar<15>2010 18:24 Jan 29, 2014 Jkt 232001 to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). The EA in this abandonment proceeding was made available on January 24, 2014. The deadline for submission of comments on the EA is February 3, 2014. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: January 27, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2014–01884 Filed 1–29–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB 1095 (Sub-No. 1)] Paulsboro Refining Company LLC— Adverse Abandonment—In Gloucester County, NJ. On January 10, 2014, Paulsboro Refining Company LLC (PRC) filed an application under 49 U.S.C. 10903, requesting that the Surface Transportation Board (Board) authorize the third-party or adverse abandonment of approximately 5.8 miles of rail line (the Line) owned by PRC and currently operated by SMS Rail Service, Inc. (SMS). The Line is in Gloucester County, N.J., and traverses United States Postal Service Zip Code 08066. There are no mileposts or stations associated with the Line. The application is available on the Board’s Web site at http://www.stb.dot.gov, or a copy can be secured from applicant’s counsel, whose name and address appear below. PRC owns a 970-acre refinery in Paulsboro, N.J. Within this facility, it owns the Line, which consists of approximately 5.8 miles of railroad tracks. SMS has provided service over the Line since August 2000, when it PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 entered into an operating agreement with the facility’s prior owner, Valero Refining Company—New Jersey (ValeroNJ).1 Under the agreement, as amended, SMS provides common carrier service by interchanging traffic with Consolidated Rail Corporation (Conrail), on behalf of Norfolk Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT). SMS also provides plant switching services under the agreement. PRC states that it no longer needs or seeks to use the common carrier services of SMS, and it wishes to receive its common carrier service from NSR, CSXT, or their agent Conrail, and to have its internal switching performed by a noncarrier switching contractor. PRC states that SMS currently serves only it and, to a minor extent, ExxonMobil Corporation (ExxonMobil). PRC adds that ExxonMobil ‘‘can also be served by PRC’s contract switching carrier’’ and does not object to the abandonment. PRC advises that it has given SMS proper notice of termination, as provided by their contract, but that SMS has refused to vacate the Line or file for abandonment authority to terminate its operations. According to PRC, it filed the instant application to remove Board jurisdiction from SMS’s operation of the Line so that PRC can proceed to evict SMS under New Jersey state law. In a decision served in this proceeding on July 26, 2012, PRC was granted exemptions from several statutory provisions as well as waivers of certain Board regulations at 49 CFR part 1152 that were not relevant to its adverse abandonment application or that sought information not available to it. Specifically, PRC was granted waivers of certain requirements pertaining to the notice of intent prescribed at 49 CFR 1152.21; exemption from 49 U.S.C. 10903(c) and waiver of 49 CFR 1152.22(a)(5) pertaining to System Diagram Maps; waiver of 49 CFR 1152.20(a)(2)(x) that notice be served on Amtrak; waiver of 49 CFR 1152.20(a)(2)(xii) that notice be served on the headquarters of all duly certified labor organizations; exemption from 49 U.S.C. 10903(a)(3)(B) and waiver of 49 CFR 1152.20(a)(3) concerning posting the notice of intent; waiver of 49 CFR 1152.33(d) pertaining to revenue and cost data; waiver of 49 CFR 1152.22(i) concerning the wording of this notice; exemption from 49 U.S.C. 10904 and waiver of 49 CFR 1152.27, which govern an offer of financial assistance (OFA) to continue common 1 See SMS Rail Service—Acquis. and Operation Exemption—Valero Refining Co.—N. J., FD 33927 (STB served Sept. 22, 2000). E:\FR\FM\30JAN1.SGM 30JAN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Notices carrier rail service; and exemption from the public use provisions of 49 U.S.C. 10905 and waiver of 49 CFR 1152.28. PRC states that the line does not contain federally granted rights-of-way. Any documentation in PRC’s possession will be made available promptly to those requesting it. PRC’s entire case-inchief for adverse abandonment was filed with the application. The interests of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). Any interested person may file written comments concerning the proposed adverse abandonment or protests (including protestant’s entire opposition case) by February 24, 2014. Persons who may oppose the proposed adverse abandonment but who do not wish to participate fully in the process by submitting verified statements of witnesses containing detailed evidence should file comments. Persons opposing the proposed adverse abandonment who wish to participate actively and fully in the process should file a protest, observing the filing, service, and content requirements of 49 CFR 1152.25. PRC’s reply is due by March 10, 2014. Any request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by February 24, 2014, and should address whether the issuance of a certificate of interim trail use in this case would be consistent with the grant of an adverse abandonment application. Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 1095 (SubNo. 1) and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001; (2) Eric M. Hocky, Clark Hill Thorp Reed, One Commerce Square, 2005 Market Street, Philadelphia, PA 19103, (215) 640– 8500. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s ‘‘www.stb.dot.gov’’ Web site, at the ‘‘E– FILING’’ link. Any person submitting a filing in the traditional paper format should send the original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in 49 CFR pt. 1152, every document filed with the Board must be served on all parties to this adverse abandonment proceeding. 49 CFR 1104.12(a). VerDate Mar<15>2010 18:24 Jan 29, 2014 Jkt 232001 5021 An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Board’s Office of Environmental Analysis (OEA) will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact OEA by phone at the number listed below. EAs in these abandonment proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board’s decision. A supplemental EA or EIS may be issued where appropriate. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs and Compliance at (202) 245–0238 or refer to the full abandonment/discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. Board decisions and notices are available on our Web site at www.stb.dot.gov. (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@ OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request maybe found at www.reginfo.gov. Decided: January 27, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Dawn D. Wolfgang, Treasury PRA Clearance Officer. BILLING CODE 4810–35–P [FR Doc. 2014–01989 Filed 1–29–14; 8:45 am] DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request January 27, 2014. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before March 3, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to Fmt 4703 DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request BILLING CODE 4915–01–P Frm 00158 OMB Number: 1510–0059. Type of Review: Extension without change of a currently approved collection. Title: Authorization Agreement for Preauthorized Payment. Form: SF–5510. Abstract: Preauthorized payment is used by remitters (individuals and corporations) to authorize electronic funds transfers from the bank accounts maintained at financial institutions for government agencies to collect monies. Affected Public: Individuals or Households; Private Sector: Businesses or other for-profits. Estimated Annual Burden Hours: 25,000. [FR Doc. 2014–01830 Filed 1–29–14; 8:45 am] Jeffrey Herzig, Clearance Clerk. PO 00000 Bureau of the Fiscal Service Sfmt 4703 January 27, 2014. The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before March 3, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 5020-5021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01989]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB 1095 (Sub-No. 1)]


Paulsboro Refining Company LLC--Adverse Abandonment--In 
Gloucester County, NJ.

    On January 10, 2014, Paulsboro Refining Company LLC (PRC) filed an 
application under 49 U.S.C. 10903, requesting that the Surface 
Transportation Board (Board) authorize the third-party or adverse 
abandonment of approximately 5.8 miles of rail line (the Line) owned by 
PRC and currently operated by SMS Rail Service, Inc. (SMS). The Line is 
in Gloucester County, N.J., and traverses United States Postal Service 
Zip Code 08066. There are no mileposts or stations associated with the 
Line. The application is available on the Board's Web site at http://www.stb.dot.gov, or a copy can be secured from applicant's counsel, 
whose name and address appear below.
    PRC owns a 970-acre refinery in Paulsboro, N.J. Within this 
facility, it owns the Line, which consists of approximately 5.8 miles 
of railroad tracks. SMS has provided service over the Line since August 
2000, when it entered into an operating agreement with the facility's 
prior owner, Valero Refining Company--New Jersey (Valero-NJ).\1\ Under 
the agreement, as amended, SMS provides common carrier service by 
interchanging traffic with Consolidated Rail Corporation (Conrail), on 
behalf of Norfolk Southern Railway Company (NSR) and CSX 
Transportation, Inc. (CSXT). SMS also provides plant switching services 
under the agreement.
---------------------------------------------------------------------------

    \1\ See SMS Rail Service--Acquis. and Operation Exemption--
Valero Refining Co.--N. J., FD 33927 (STB served Sept. 22, 2000).
---------------------------------------------------------------------------

    PRC states that it no longer needs or seeks to use the common 
carrier services of SMS, and it wishes to receive its common carrier 
service from NSR, CSXT, or their agent Conrail, and to have its 
internal switching performed by a noncarrier switching contractor. PRC 
states that SMS currently serves only it and, to a minor extent, 
ExxonMobil Corporation (ExxonMobil). PRC adds that ExxonMobil ``can 
also be served by PRC's contract switching carrier'' and does not 
object to the abandonment. PRC advises that it has given SMS proper 
notice of termination, as provided by their contract, but that SMS has 
refused to vacate the Line or file for abandonment authority to 
terminate its operations. According to PRC, it filed the instant 
application to remove Board jurisdiction from SMS's operation of the 
Line so that PRC can proceed to evict SMS under New Jersey state law.
    In a decision served in this proceeding on July 26, 2012, PRC was 
granted exemptions from several statutory provisions as well as waivers 
of certain Board regulations at 49 CFR part 1152 that were not relevant 
to its adverse abandonment application or that sought information not 
available to it. Specifically, PRC was granted waivers of certain 
requirements pertaining to the notice of intent prescribed at 49 CFR 
1152.21; exemption from 49 U.S.C. 10903(c) and waiver of 49 CFR 
1152.22(a)(5) pertaining to System Diagram Maps; waiver of 49 CFR 
1152.20(a)(2)(x) that notice be served on Amtrak; waiver of 49 CFR 
1152.20(a)(2)(xii) that notice be served on the headquarters of all 
duly certified labor organizations; exemption from 49 U.S.C. 
10903(a)(3)(B) and waiver of 49 CFR 1152.20(a)(3) concerning posting 
the notice of intent; waiver of 49 CFR 1152.33(d) pertaining to revenue 
and cost data; waiver of 49 CFR 1152.22(i) concerning the wording of 
this notice; exemption from 49 U.S.C. 10904 and waiver of 49 CFR 
1152.27, which govern an offer of financial assistance (OFA) to 
continue common

[[Page 5021]]

carrier rail service; and exemption from the public use provisions of 
49 U.S.C. 10905 and waiver of 49 CFR 1152.28.
    PRC states that the line does not contain federally granted rights-
of-way. Any documentation in PRC's possession will be made available 
promptly to those requesting it. PRC's entire case-in-chief for adverse 
abandonment was filed with the application.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed adverse abandonment or protests (including protestant's entire 
opposition case) by February 24, 2014. Persons who may oppose the 
proposed adverse abandonment but who do not wish to participate fully 
in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons opposing the 
proposed adverse abandonment who wish to participate actively and fully 
in the process should file a protest, observing the filing, service, 
and content requirements of 49 CFR 1152.25. PRC's reply is due by March 
10, 2014.
    Any request for a trail use condition under 16 U.S.C. 1247(d) (49 
CFR 1152.29) must be filed by February 24, 2014, and should address 
whether the issuance of a certificate of interim trail use in this case 
would be consistent with the grant of an adverse abandonment 
application. Each trail use request must be accompanied by a $250 
filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
1095 (Sub-No. 1) and must be sent to: (1) Surface Transportation Board, 
395 E Street SW., Washington, DC 20423-0001; (2) Eric M. Hocky, Clark 
Hill Thorp Reed, One Commerce Square, 2005 Market Street, Philadelphia, 
PA 19103, (215) 640-8500.
    Filings may be submitted either via the Board's e-filing format or 
in the traditional paper format. Any person using e-filing should 
comply with the instructions found on the Board's ``www.stb.dot.gov'' 
Web site, at the ``E-FILING'' link. Any person submitting a filing in 
the traditional paper format should send the original and 10 copies of 
the filing to the Board with a certificate of service. Except as 
otherwise set forth in 49 CFR pt. 1152, every document filed with the 
Board must be served on all parties to this adverse abandonment 
proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by the Board's Office of Environmental 
Analysis (OEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact OEA by phone at the number listed below. EAs in these 
abandonment proceedings normally will be made available within 33 days 
of the filing of the application. The deadline for submission of 
comments on the EA will generally be within 30 days of its service. The 
comments received will be addressed in the Board's decision. A 
supplemental EA or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs and Compliance at (202) 245-0238 or refer to the 
full abandonment/discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to OEA at 
(202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 27, 2014.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-01989 Filed 1-29-14; 8:45 am]
BILLING CODE 4915-01-P