Norfolk Southern Railway Company-Abandonment Exemption-in Kalamazoo, Mich.; and Grand Elk Railroad, L.L.C.-Discontinuance Exemption-in Kalamazoo, Mich., 62967 [2016-21986]

Download as PDF Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices Dated: August 31, 2016. Timothy R. Schnabel, Attorney-Adviser, Office of Private International Law, Office of Legal Adviser, Department of State. [FR Doc. 2016–21980 Filed 9–12–16; 8:45 am] BILLING CODE 4710–08–P SURFACE TRANSPORTATION BOARD [Docket No. AB 290 (Sub-No. 385X); Docket No. AB 1246X] Lhorne on DSK30JT082PROD with NOTICES Norfolk Southern Railway Company— Abandonment Exemption—in Kalamazoo, Mich.; and Grand Elk Railroad, L.L.C.—Discontinuance Exemption—in Kalamazoo, Mich. Norfolk Southern Railway Company (NSR) and Grand Elk Railroad, L.L.C. (GDLK) (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 GDLK to discontinue service over, an approximately 0.1-mile rail line, between mileposts IJ 44.6 and IJ 44.7, in Kalamazoo, Mich. (the Line). The Line traverses United States Postal Service Zip Codes 49007 and 49001. Applicants have 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 that would have 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 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 VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 October 13, 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 September 23, 2016. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 3, 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 applicant’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. 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 September 16, 2016. 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), 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 September 13, 2017, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 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). PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 62967 Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: September 8, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016–21986 Filed 9–12–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Release From Federal Grant Assurance Obligations at Tucson International Airport, Tucson, Pima County, Arizona Federal Aviation Administration, DOT. ACTION: Notice of request to release airport land. AGENCY: The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a release of approximately 3 acres of airport property at Tucson International Airport, Tucson, Pima County, Arizona, from all conditions contained in the Grant Assurances since the parcel of land is not needed for airport purposes. The property will be sold for its fair market value and the proceeds used for airport purposes. The redevelopment of the land for roadway enhancements to property owned by the U. S. Air Force represents a compatible land use that will not interfere with the airport or its operation, thereby protecting the interests of civil aviation. DATES: Comments must be received on or before October 13, 2016. FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed to the FAA at the following address: Tony Garcia, Airports Compliance Program Manager, Federal Aviation Administration, Airports Division, Federal Register Comment, 15000 Aviation Blvd., Lawndale, CA 90261. In addition, one copy of the comment submitted to the FAA must be mailed to Mr. Eric Roudebush, Director of Environmental Services, Tucson Airport Authority, 7005 South Plumer Avenue, Tucson, Arizona 85756. SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), Public Law 106–181 (Apr. 5, 2000; 114 Stat. 61), this notice must be published in the Federal Register 30 days before the SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Page 62967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21986]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 385X); Docket No. AB 1246X]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Kalamazoo, Mich.; and Grand Elk Railroad, L.L.C.--Discontinuance 
Exemption--in Kalamazoo, Mich.

    Norfolk Southern Railway Company (NSR) and Grand Elk Railroad, 
L.L.C. (GDLK) (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 
GDLK to discontinue service over, an approximately 0.1-mile rail line, 
between mileposts IJ 44.6 and IJ 44.7, in Kalamazoo, Mich. (the Line). 
The Line traverses United States Postal Service Zip Codes 49007 and 
49001.
    Applicants have 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 that would have 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 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 October 13, 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 
September 23, 2016. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 3, 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 
applicant's representative: William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    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 September 16, 2016. 
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), 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 September 13, 2017, 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: September 8, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-21986 Filed 9-12-16; 8:45 am]
 BILLING CODE 4915-01-P
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