Rutherford Railroad Development Corporation-Abandonment Exemption-in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway-Discontinuance Exemption-in Rutherford County, NC, 79132-79133 [2015-31886]

Download as PDF 79132 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 2]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001– 3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 61]. Farmland Protection Policy Act [7 U.S.C. 4201– 4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1387] (Section 404, Section 401, Section 319); Land and Water Conservation Fund Act [16 U.S.C. 460l–4—460l–11]; Safe Drinking Water Act [42 U.S.C. 300f— 300j–9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Transportation Equity Act for the 21st Century (TEA– 21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood Disaster Protection Act of 1973 [42 U.S.C. 4001–4129]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 [PL 99–499]; Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Authority: 23 U.S.C. 139(l)(1). Issued on: December 7, 2015. John M. Cater, Division Administrator, Lakewood, Colorado. [FR Doc. 2015–31487 Filed 12–17–15; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 4910–22–P VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 567 (Sub-No. 2X); Docket No. AB 568 (Sub-No. 2X)] Rutherford Railroad Development Corporation—Abandonment Exemption—in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway—Discontinuance Exemption—in Rutherford County, NC Rutherford Railroad Development Corporation (RRDC) and Southeast Shortlines, Inc. d/b/a Thermal Belt Railway (TBRY) (collectively, applicants), have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F–Exempt Abandonments and Discontinuances of Service for RRDC to abandon, and for TBRY to discontinue service over, approximately 4.97 miles of rail line, between milepost SB 175.5 near Alexander Mills and milepost SB 180.47 in Spindale, together with a portion of the Bostic Spur, which runs from approximately the northern right of way line of U.S. 74 Business, a distance of approximately 2,441.4′ westerly to a point at or near Rail Milepost SF–407.40 and Rail Valuation Station 5343+22, in Rutherford County, N.C. (the Lines). The Lines traverse United States Postal Service Zip Codes 28043 and 28160. Applicants have certified that: (1) No local traffic has moved over the Lines for at least two years; (2) there is no overhead traffic on the Lines that would have to 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 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. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on January 19, 2016, 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 December 28, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 7, 2016, 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’ representative: Jeffrey A. Bandini, Parker Poe Adams & Bernstein LLP, P.O. Box 389, Raleigh, NC 27602. 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 December 24, 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 (FIRS) at 1– 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), RRDC 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 RRDC’s filing of a notice of consummation by December 18, 2016, 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\18DEN1.SGM 18DEN1 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 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: December 15, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–31886 Filed 12–17–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 55 (Sub-No. 751X)] mstockstill on DSK4VPTVN1PROD with NOTICES CSX Transportation, Inc.— Discontinuance of Service Exemption—in Bell and Harlan Counties, Ky. CSX Transportation, Inc. (CSXT) filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately seven-mile rail line on CSXT’s Southern Region, Huntington Division, CV Subdivision, Engineering Appalachian Division, also known as the Pucketts Creek Branch between milepost OPC 223.0 and milepost OPC 230.0 in Bell and Harlan Counties, Ky. (the Line). The Line traverses United States Postal Service Zip Codes 40845, 40856, and 40863, and includes two stations, Alva (FSAC 43932/OPSL 19940) at milepost OPC 223.0 and Piedmont (FSAC 43931/OPSL 19930) at milepost OPC 230.0. CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) because the Line is not a through line, no overhead traffic needs to 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 is pending either 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 1105.12 (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 discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 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) to subsidize continued rail service has been received, this exemption will be effective on January 19, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 1 must be filed by December 28, 2015.2 Petitions to reopen must be filed by January 7, 2016, 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 CSXT’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: December 15, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–31862 Filed 12–17–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35978] R. J. Corman Railroad Company/ Carolina Lines, LLC—Acquisition and Operation Exemption—The Baltimore and Annapolis Railroad Company d/b/ a Carolina Southern Railroad Company R. J. Corman Railroad Company/ Carolina Lines, LLC (RJCS) has filed a verified notice of exemption 1 under 49 1 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 2 Because this is a discontinue proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during abandonment, this discontinuance does not require an environmental review. 1 The notice was originally filed on November 25, 2015, but was supplemented on December 3, 2015. Therefore, December 3, 2015, will be the official filing date and the basis for all subsequent dates. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 79133 CFR 1150.41 to acquire from The Baltimore and Annapolis Railroad Company d/b/a Carolina Southern Railroad Company (CALA) and to operate one mile of rail line between milepost AC 290.0 and milepost AC 289.0, at or near Whiteville, N.C., pursuant to a mediation agreement reached between RJCS and CALA on June 19, 2015.2 RJCS certifies that the proposed transaction does not involve a provision or agreement that may limit future interchanges of traffic with a third-party connecting carrier. RJCS also certifies that its projected revenues upon consummation of the proposed transaction will not result in the creation of a Class I or Class II rail carrier and states that its projected annual revenues will not exceed $5 million. This transaction may be consummated on January 2, 2016, the effective date of the exemption (30 days after the verified notice was filed). 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 December 24, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35978, 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 Jeremy J. Sylvester, Moynahan, Irvin & Mooney, PSC, 110 North Main Street, Nicholasville, KY 40356. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: December 15, 2015. 2 RJCS was authorized previously to operate this one-mile line as incidental, local trackage rights, in addition to being authorized to acquire and operate two interconnected rail lines totaling approximately 74.98 miles between specified points in North Carolina and South Carolina. R. J. Corman R.R— Acquis. & Operation Exemption—The Baltimore & Annapolis R.R., FD 35897 (STB served Jan. 28, 2015), as corrected on November 27, 2015. R. J. Corman Railroad Group, LLC, and R. J. Corman Railroad Company, LLC, were authorized to continue in control of RJCS upon RJCS’s becoming a Class III rail carrier. R. J. Corman R.R. Grp.— Continuance in Control Exemption—R. J. Corman R.R., FD 35898 (STB served Jan. 28, 2015). E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79132-79133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31886]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 567 (Sub-No. 2X); Docket No. AB 568 (Sub-No. 2X)]


Rutherford Railroad Development Corporation--Abandonment 
Exemption--in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a 
Thermal Belt Railway--Discontinuance Exemption--in Rutherford County, 
NC

    Rutherford Railroad Development Corporation (RRDC) and Southeast 
Shortlines, Inc. d/b/a Thermal Belt Railway (TBRY) (collectively, 
applicants), have jointly filed a verified notice of exemption under 49 
CFR part 1152 subpart F-Exempt Abandonments and Discontinuances of 
Service for RRDC to abandon, and for TBRY to discontinue service over, 
approximately 4.97 miles of rail line, between milepost SB 175.5 near 
Alexander Mills and milepost SB 180.47 in Spindale, together with a 
portion of the Bostic Spur, which runs from approximately the northern 
right of way line of U.S. 74 Business, a distance of approximately 
2,441.4' westerly to a point at or near Rail Milepost SF-407.40 and 
Rail Valuation Station 5343+22, in Rutherford County, N.C. (the Lines). 
The Lines traverse United States Postal Service Zip Codes 28043 and 
28160.
    Applicants have certified that: (1) No local traffic has moved over 
the Lines for at least two years; (2) there is no overhead traffic on 
the Lines that would have to 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 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 January 19, 2016, 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 
December 28, 2015. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 7, 2016, 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' representative: Jeffrey A. Bandini, Parker Poe Adams & 
Bernstein LLP, P.O. Box 389, Raleigh, NC 27602.
    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 December 24, 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 (FIRS) at 1-800-877-8339. 
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), RRDC 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 RRDC's filing of a notice of 
consummation by December 18, 2016,

[[Page 79133]]

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: December 15, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-31886 Filed 12-17-15; 8:45 am]
BILLING CODE 4915-01-P