Nebraska, Kansas & Colorado Railway, L.L.C.-Abandonment Exemption-in Decatur, Norton, and Phillips Counties, Kan., and Harlan County, Neb., 47557-47558 [2015-19449]

Download as PDF Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices Standard No. 114 Theft Protection: Reprogramming of the instrument cluster. A description of the reprogramming will accompany the vehicle conformity package. Standard No. 225 Child Restraint Anchorage Systems: Installation of U.S.model child restraint anchorage system components including lateral rear window plates and brackets for belt coupler with covers. Standard No. 301 Fuel System Integrity: The inspected vehicle was found to be equipped with conforming components, however each vehicle must be inspected for the presence of U.S.model multifunction valve and tank ventilation valve. Vehicles without these U.S.-model valves must have them installed. Standard No. 401 Interior Trunk Release: Installation of trunk release system components to ensure that the system, as modified, is identical to the U.S.-model system. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicle near the left windshield pillar to meet the requirements of 49 CFR part 565. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Issued on: July 31, 2015. Coleman R. Sachs, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–19470 Filed 8–6–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 47557 Decided: August 4, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. carriers, East Penn Railroad, LLC, Middletown & New Jersey Railroad, LLC, and Tyburn Railroad LLC. The transaction is expected to be consummated on or after August 22, 2015, the effective date of the exemption.1 Applicants state that: (i) The railroads will not connect with each other or any railroad in their corporate family; (ii) the subject acquisition of control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than August 15, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings referring to Docket No. FD 35945, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Mary Anne Mason, Crowell & Moring LLP, 1001 Pennsylvania Ave. NW., Washington, DC 20004. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Nebraska, Kansas & Colorado Railway, L.L.C. (NKCR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon 57.31 miles of rail line between (1) milepost 3.35 near Orleans, Neb., and milepost 29.84 at Almena, Kan.; (2) milepost 47.23 at Reager, Kan., and milepost 78.05 at Oberlin, Kan.; and (3) the Norton Spur in Norton, Kan.1 NKCR also seeks to discontinue overhead trackage rights over a 17.7-mile line of railroad owned by Kyle Railroad between milepost 29.6 at Almena and milepost 47.3 at Oronoque Junction, Kan. NKCR acquired the trackage rights by assignment from Burlington Northern Railroad Company. Neb., Kan. & Colo. Railnet—Acquis. & Operation Exemption—Lines of Burlington N. R.R., FD 33314, slip op. at 2 (STB served Dec. 24, 1996). The lines traverse United States Postal Service Zip Codes 68966, 67622, 67647, 67654, 67749 and 67653. NKCR has certified that: (1) No local traffic has moved over the lines for at least two years; (2) any overhead traffic could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the lines (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the lines 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 1 In its verified notice, Regional Holdings requests expedited consideration to minimize potential disruption to its business as a result of the change in majority ownership due to its acquisition of Regional Rail. However, to permit the exemption to become effective before the scheduled 30-day consummation date, a party must file a separate petition for partial waiver of 49 CFR 1150.32(b), including its supporting rationale, which would be decided by the entire Board. See The Great Lake Port Corp. d/b/a Grand River Ry.—Acquis. & Operation Exemption—CSX Transp., Inc., FD 35888 (STB served Dec. 24, 2014). 1 The notice was originally filed on June 12, 2015, and was supplemented on June 23 and 29, 2015. In the June 29, 2015 supplement, NKCR certifies that an Environmental Report and a transmittal letter were mailed, on June 29, 2015, to the National Geodetic Survey (NGS), as required by 49 CFR 1105.7 and 1105. 11. Because those documents were required to be served on NGS at least 20 days prior to filing the notice of exemption, see 49 CFR 1105.7(b)(1), service and publication of this notice has been delayed to account for the 20 days of advanced notice that NGS should have received, and deadlines have been adjusted accordingly. [FR Doc. 2015–19492 Filed 8–6–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1032X] Nebraska, Kansas & Colorado Railway, L.L.C.—Abandonment Exemption—in Decatur, Norton, and Phillips Counties, Kan., and Harlan County, Neb. tkelley on DSK3SPTVN1PROD with NOTICES [Docket No. FD 35945] Regional Rail Holdings, LLC— Acquisition of Control Exemption— Regional Rail, LLC Regional Rail Holdings, LLC (Regional Holdings), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Regional Rail, LLC (Regional Rail), a holding company for three Class III rail VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1 47558 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 September 8, 2015, 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 August 17, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 27, 2015, 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 NKCR’s representative: Karl Morell, Karl Morell & Associates, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. NKCR has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by August 14, 2015. 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– 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). VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 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), NKCR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the lines. If consummation has not been effected by NKCR’s filing of a notice of consummation by August 7, 2016, 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: August 4, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–19449 Filed 8–6–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau [Docket No. TTB–2015–0012; Notice No. 156] Importation of Distilled Spirits, Wine, Beer, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes; Availability of Pilot Program and Filing Instructions To Test the Collection of Import Data for Implementation of the International Trade Data System Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of availability and request for comments. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is announcing a pilot program in which importers, Customs and Border Protection (CBP), and TTB will test, as part of the International Trade Data System (ITDS) project, the electronic collection of import data required by TTB and the transfer of that data through CBP to TTB. TTB is also announcing the availability of and requesting comment on a draft set of instructions that describes how importers of distilled spirits, wine, beer, tobacco products, processed tobacco, or cigarette papers and tubes may file information SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 electronically to meet TTB requirements at the importation of those commodities. The information gathered through the comments on the draft instructions and pilot program and through an evaluation of the pilot program will allow TTB and CBP to refine their implementation of ITDS. Comments on the draft Filing Instructions must be received by October 6, 2015. The pilot program will commence no earlier than August 19, 2015, and will continue until concluded by publication of a notice in the Federal Register ending the test. Pilot program participants should consult the following Web site to determine which ports are or will be operational for the test: https://www.cbp.gov/document/ guidance/list-aceitds-pga-message-setpilot-ports. Comments on the pilot will be accepted through the duration of the pilot. ADDRESSES: Please send your comments on the draft Automated Commercial Environment Filing Instructions for TTB-Regulated Commodities and on the pilot program to one of the following addresses: • https://www.regulations.gov (via the online comment form for this document as posted within Docket No. TTB–2015– 0012 at Regulations.gov, the Federal erulemaking portal); • U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or • Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005. See the Public Participation section of this document for specific instructions and requirements for submitting comments. DATES: For information about the filing instructions or the pilot program, contact John Kyranos, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; telephone (202) 453–1039, extension 001; or email regulations@ttb.gov. For technical questions related to the Automated Commercial Environment (ACE) or Automated Broker Interface (ABI) transmissions, contact Steven Zaccaro at steven.j.zaccaro@ cbp.dhs.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: TTB Authority The Alcohol and Tobacco Tax and Trade Bureau (TTB) of the Department E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47557-47558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1032X]


Nebraska, Kansas & Colorado Railway, L.L.C.--Abandonment 
Exemption--in Decatur, Norton, and Phillips Counties, Kan., and Harlan 
County, Neb.

    Nebraska, Kansas & Colorado Railway, L.L.C. (NKCR) has filed a 
verified notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments to abandon 57.31 miles of rail line between (1) milepost 
3.35 near Orleans, Neb., and milepost 29.84 at Almena, Kan.; (2) 
milepost 47.23 at Reager, Kan., and milepost 78.05 at Oberlin, Kan.; 
and (3) the Norton Spur in Norton, Kan.\1\ NKCR also seeks to 
discontinue overhead trackage rights over a 17.7-mile line of railroad 
owned by Kyle Railroad between milepost 29.6 at Almena and milepost 
47.3 at Oronoque Junction, Kan. NKCR acquired the trackage rights by 
assignment from Burlington Northern Railroad Company. Neb., Kan. & 
Colo. Railnet--Acquis. & Operation Exemption--Lines of Burlington N. 
R.R., FD 33314, slip op. at 2 (STB served Dec. 24, 1996). The lines 
traverse United States Postal Service Zip Codes 68966, 67622, 67647, 
67654, 67749 and 67653.
---------------------------------------------------------------------------

    \1\ The notice was originally filed on June 12, 2015, and was 
supplemented on June 23 and 29, 2015. In the June 29, 2015 
supplement, NKCR certifies that an Environmental Report and a 
transmittal letter were mailed, on June 29, 2015, to the National 
Geodetic Survey (NGS), as required by 49 CFR 1105.7 and 1105. 11. 
Because those documents were required to be served on NGS at least 
20 days prior to filing the notice of exemption, see 49 CFR 
1105.7(b)(1), service and publication of this notice has been 
delayed to account for the 20 days of advanced notice that NGS 
should have received, and deadlines have been adjusted accordingly.
---------------------------------------------------------------------------

    NKCR has certified that: (1) No local traffic has moved over the 
lines for at least two years; (2) any overhead traffic could be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the lines (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
lines 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

[[Page 47558]]

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 September 8, 2015, 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 
August 17, 2015. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 27, 2015, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \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).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
NKCR's representative: Karl Morell, Karl Morell & Associates, 655 
Fifteenth Street NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NKCR has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by August 
14, 2015. 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.
    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), NKCR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the lines. If 
consummation has not been effected by NKCR's filing of a notice of 
consummation by August 7, 2016, 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: August 4, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-19449 Filed 8-6-15; 8:45 am]
BILLING CODE 4915-01-P

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