Caldwell Railroad Commission-Abandonment Exemption-in Caldwell County, NC, 64491-64492 [2015-27142]

Download as PDF Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35962] mstockstill on DSK4VPTVN1PROD with NOTICES Terminal Railroad Association of St. Louis—Trackage Rights Exemption— Norfolk Southern Railway Company Norfolk Southern Railway Company (NSR), pursuant to a written trackage rights agreement dated July 31, 2015, has agreed to grant limited local trackage rights to the Terminal Railroad Association of St. Louis (TRRA) over approximately 0.49 miles of rail line in St. Louis, Mo. (the Line). Specifically, TRRA will acquire trackage rights between TRRA’s connection with NSR at approximately North Market Street, St. Louis, Mo., and the Kiesel Facility at approximately Dock Street, St. Louis, Mo. TRRA may consummate its acquisition on or after November 7, 2015, the effective date of the exemption (30 days after the verified notice of exemption was filed). TRRA states that NSR, who currently operates over TRRA via trackage rights to access the Line and serve the Kiesel Facility, intends to discontinue a nearby two-mile segment of trackage. According to TRRA, granting TRRA limited local trackage rights over the Line for the sole purpose of serving the Kiesel Facility (the only active shipper accessible via the Line) will allow NSR and TRRA to operate more efficiently in this area after NSR’s nearby discontinuance while also preserving rail service to an existing customer. TRRA will assume maintenance of the Line until NSR decides to resume active operations over the Line. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the 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 for stay must be filed by October 30, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35962, must be filed with the Surface VerDate Sep<11>2014 18:05 Oct 22, 2015 Jkt 238001 64491 Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Asim S. Raza, Terminal Railroad Association of St. Louis, 415 S. 18th Street, Suite 200, St. Louis, MO 63103. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. approval of 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 the labor protection for transactions under §§ 11324 and 11325 that involve only Class III rail carriers. Because this transaction Decided: October 20, 2015. involves Class III rail carriers only, the By the Board, Rachel D. Campbell, Board, under the statute, may not Director, Office of Proceedings. impose labor protective conditions for Kenyatta Clay, this transaction. Clearance Clerk. If the verified notice contains false or [FR Doc. 2015–26987 Filed 10–22–15; 8:45 am] misleading information, the exemption BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) DEPARTMENT OF TRANSPORTATION may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Surface Transportation Board Petitions to stay must be filed no later [Docket No. FD 35966] than October 30, 2015 (at least seven days before the exemption becomes Martin Marietta Materials, Inc.— effective). Acquisition of Control Exemption— An original and ten copies of all Rock & Rail, Inc. pleadings referring to Docket No. FD Martin Marietta Materials, Inc. 35966, must be filed with the Surface (MMM), a noncarrier, has filed a Transportation Board, 395 E Street SW., verified notice of exemption under 49 Washington, DC 20423–0001. In CFR 1180.2(d)(2) to acquire control of addition, a copy of each pleading must Rock & Rail, Inc. (RRI), a Class III rail be served on William A. Mullins, Baker carrier. & Miller PLLC, 2401 Pennsylvania Ave. According to MMM, it currently NW., Suite 300, Washington, DC 20037. controls Alamo North Texas Railroad Board decisions and notices are (ANT),1 a Class III rail carrier, which has available on our Web site at lines in Wise County, Tex., and Alamo WWW.STB.DOT.GOV. Gulf Coast Railroad (AGC), a Class III Decided: October 20, 2015. rail carrier, which has lines in Bexar By the Board, Rachel D. Campbell, County, Tex. MMM states that RRI has Director, Office of Proceedings. lines in Pueblo and Canon City, Colo., and that the proposed transaction would Brendetta S. Jones, Clearance Clerk. not connect ANT, AGC, or RRI. MMM [FR Doc. 2015–27052 Filed 10–22–15; 8:45 am] and RRI have signed a letter of intent 2 BILLING CODE 4915–01–P by which MMM will acquire indirect ownership of 100% of the stock of RRI. The transaction is scheduled to be DEPARTMENT OF TRANSPORTATION consummated on or after November 8, 2015, the effective date of the Surface Transportation Board exemption. MMM states that: (i) The railroads do [Docket No. AB 1112X] not connect with each other or any Caldwell Railroad Commission— railroad in their corporate family; (ii) Abandonment Exemption—in Caldwell the proposed transaction is not part of County, NC a series of anticipated transactions that would connect the railroads with each Caldwell Railroad Commission (CRC) other or any railroad in their corporate has filed an amended verified notice of family; and (iii) the transaction does not exemption under 49 CFR pt. 1152 involve a Class I carrier. Therefore, the subpart F—Exempt Abandonments to transaction is exempt from the prior abandon an approximately 3.91-mile 1 See Martin Marietta Materials, Inc.— Continuance in Control Exemption—Alamo N. Tex. R.R., FD 34266 (STB served Dec. 13, 2002). 2 An unredacted copy of the letter of intent was filed concurrently under seal, along with a motion for protective order pursuant to 49 CFR 1104.14(b). That motion will be addressed in a separate decision. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 rail segment extending between milepost 108.79 and milepost 112.7 in Caldwell County, N.C. (the Line).1 The 1 CRC previously filed a verified notice of exemption that was dismissed as moot, because CRC’s predecessor had obtained a 49 U.S.C. Subtitle E:\FR\FM\23OCN1.SGM Continued 23OCN1 64492 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Line traverses United States Postal Service Zip Code 28645. CRC has certified that: (1) No freight traffic has moved over the Line for at least two years; (2) any overhead traffic over the Line can and has been rerouted; (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 is either 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 November 24, 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 interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 2, 2015. Petitions to reopen or requests for IV exemption over the relevant portion of the Line, which encompassed authority to abandon the Line. Caldwell R.R. Comm’n—Aban. Exemption—in Caldwell Cty., N.C., AB 1112X (STB served May 22, 2015). CRC subsequently obtained a partial revocation of that Subtitle IV exemption, which allows CRC to pursue abandonment authority. Caldwell R.R. Comm’n—Exemption from 49 U.S.C. Subtitle IV, FD 32659 (Sub-No. 2) (STB served Sept. 8, 2015). 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 18:05 Oct 22, 2015 Jkt 238001 public use 4 conditions under 49 CFR 1152.28 must be filed by November 12, 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 CRC’s representative: David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW., Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. CRC 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 October 30, 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 interim 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), CRC 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 CRC’s filing of a notice of consummation by October 23, 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: October 20, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–27142 Filed 10–22–15; 8:45 am] BILLING CODE 4915–01–P 4 CRC states that the Line may be suitable for other public purposes or trail use, but may be subject to reversionary interests. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2015–0197] Privacy Act of 1974; Department of Transportation, Office of the Secretary of Transportation; DOT/ALL–18, International Freight Data System (IFDS) Office of the Departmental Chief Information Officer, Office of the Secretary of Transportation, DOT. AGENCY: Notice of retirement of one Privacy Act system of records. ACTION: In accordance with the Privacy Act of 1974, the Department of Transportation (DOT) is giving notice that it will retire the following Privacy Act system of records: DOT/ALL 18, International Freight Data System (IFDS) (April 14, 2008, 73 FR 20084). The IFDS was never implemented by the DOT and the DOT will continue to rely upon the U.S. Customs and Border Protection’s Automated Commercial Environment/ International Trade Data System for its data needs. SUMMARY: This change will take effect upon publication. DATES: For questions, please contact: Claire W. Barrett, Departmental Chief Privacy Officer, Privacy Office, Department of Transportation, Washington, DC 20590; privacy@dot.gov; or 202.527.3284. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Background Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, and as part of its ongoing integration and management efforts, DOT is retiring the system of records notice, DOT/ALL 18 International Freight Data System (IFDS) (April 14, 2008, 73 FR 20084), which was intended to be an automated system that provided participating DOT Operating Administrations with international commercial information to perform their enforcement, statistical, analytical, modeling and policy responsibilities. The IFDS was never implemented by the DOT and the DOT will continue to rely upon DHS/CBP– 001, Automated Commercial Environment/International Trade Data System (January 19, 2006, 71 FR 3109) for the collection and dissemination of international commercial information. Eliminating the system of records notice DOT/ALL 18, International Freight Data System, will have no adverse impacts on individuals and will E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64491-64492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27142]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1112X]


Caldwell Railroad Commission--Abandonment Exemption--in Caldwell 
County, NC

    Caldwell Railroad Commission (CRC) has filed an amended verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments to abandon an approximately 3.91-mile rail segment 
extending between milepost 108.79 and milepost 112.7 in Caldwell 
County, N.C. (the Line).\1\ The

[[Page 64492]]

Line traverses United States Postal Service Zip Code 28645.
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    \1\ CRC previously filed a verified notice of exemption that was 
dismissed as moot, because CRC's predecessor had obtained a 49 
U.S.C. Subtitle IV exemption over the relevant portion of the Line, 
which encompassed authority to abandon the Line. Caldwell R.R. 
Comm'n--Aban. Exemption--in Caldwell Cty., N.C., AB 1112X (STB 
served May 22, 2015). CRC subsequently obtained a partial revocation 
of that Subtitle IV exemption, which allows CRC to pursue 
abandonment authority. Caldwell R.R. Comm'n--Exemption from 49 
U.S.C. Subtitle IV, FD 32659 (Sub-No. 2) (STB served Sept. 8, 2015).
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    CRC has certified that: (1) No freight traffic has moved over the 
Line for at least two years; (2) any overhead traffic over the Line can 
and has been rerouted; (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 is 
either 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 November 24, 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 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by November 2, 2015. Petitions to reopen or requests for public 
use \4\ conditions under 49 CFR 1152.28 must be filed by November 12, 
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).
    \4\ CRC states that the Line may be suitable for other public 
purposes or trail use, but may be subject to reversionary interests.
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    A copy of any petition filed with the Board should be sent to CRC's 
representative: David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CRC 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 October 
30, 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 interim 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), CRC 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 CRC's filing of a notice of 
consummation by October 23, 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: October 20, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-27142 Filed 10-22-15; 8:45 am]
 BILLING CODE 4915-01-P