Norfolk Southern Railway Company-Abandonment Exemption-in the City of Detroit, Mich., 51041-51042 [2018-21999]

Download as PDF Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices Washington, DC 20416; and SBA Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. SURFACE TRANSPORTATION BOARD FOR FURTHER INFORMATION CONTACT: Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon rail service in NSR’s Detroit Boat Yard.1 Specifically, NSR seeks to abandon: (1) Approximately 0.63 miles of track extending from milepost D 1.38 (at switch) to a point without a milepost approximately 3,303 feet to the north; (2) NSR’s common carrier operating interest over approximately 0.49 miles of connecting track jointly owned and operated by NSR and CSX Transportation, Inc. (CSXT), extending from milepost D 1.23 to milepost D 1.72 (near West Jefferson Ave.) in the City of Detroit, Mich. (collectively, Line). CSXT’s right to operate over the jointly owned segment between milepost D 1.23 and milepost D 1.72 will be unaffected by NSR’s abandonment. The Line traverses United States Postal Service Zip Codes 48216, 48222 and 48226. NSR has certified that: (1) It has moved no local or overhead traffic over the Line for at least two years; (2) overhead traffic on the Line, if there were any, could 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 any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies), 49 CFR 1105.11 (transmittal letter), and 49 CFR 1105.7 and 1105.8 (environment and historic report), 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 Curtis Rich, Agency Clearance Officer, (202) 205–7030 curtis.rich@sba.gov. Copies: A copy of the Form OMB 83–1, supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. SBA Form 2428 is used by Small Business Investment Companies (SBICs) requesting a determination of eligibility for SBA leverage in form of a deferred interest ‘‘Energy Saving Debenture’’ to be used only in making an ‘‘Energy Saving Qualified Investment’’. Eligibility is based on whether a Small Business to be financed with leverage proceeds is ‘‘primarily engaged’’ in Energy Savings Activities as defined in the SBIC program regulations. An SBIC must provide supporting evidence of Small Business eligibility, and the Small Business must certify the information is true and correct. SUPPLEMENTARY INFORMATION: Solicitation of Public Comments Comments may be submitted on (a) whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. Summary of Information Collections amozie on DSK3GDR082PROD with NOTICES1 Title: Financing Eligibility Statement for Usage of Energy Saving Debenture. Description of Respondents: Small Business Investment Companies. Form Number: SBA Form 2428. Estimated Annual Respondents: 5. Estimated Annual Responses: 5. Estimated Annual Hour Burden: 50. Curtis Rich, Management Analyst. [FR Doc. 2018–21975 Filed 10–9–18; 8:45 am] 21:20 Oct 09, 2018 Norfolk Southern Railway Company— Abandonment Exemption—in the City of Detroit, Mich. 1 NSR states that it believes its Detroit Boat Yard track is excepted track under 49 U.S.C. 10906 but it is seeking abandonment authority for that track ‘‘out of an abundance of caution, as some historical operation over the tracks may have exhibited some limited indicia of jurisdictional operations.’’ BILLING CODE 8025–01–P VerDate Sep<11>2014 [Docket No. AB 290 (Sub-No. 402X)] Jkt 247001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 51041 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,2 this exemption will be effective on November 9, 2018, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 22, 2018. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 30, 2018, 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 NSR’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 exemption is void ab initio. NSR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 15, 2018. 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. 2 The Board modified its OFA procedures effective July 29, 2017. Among other things, the OFA process now requires potential offerors, in their formal expression of intent, to make a preliminary financial responsibility showing based on a calculation using information contained in the carrier’s filing and publicly available information. See Offers of Financial Assistance, EP 729 (STB served June 29, 2017); 82 FR 30,997 (July 5, 2017). 3 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. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Update, EP 542 (Sub-No. 25), slip op. App. B at 13 (STB served Aug. 8, 2018). E:\FR\FM\10OCN1.SGM 10OCN1 51042 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 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 20, 2019, 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 website at www.stb.gov. Decided: October 4, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2018–21999 Filed 10–9–18; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors The meeting will occur on November 1, 2018, from 8:30 a.m. to 4:30 p.m., Eastern Daylight Time, and November 2, 2018, from 8:30 a.m. to 12:00 p.m., Eastern Daylight Time. PLACE: The meeting will be held at the Fairfield Inn & Suites Cape Cod Hyannis, 867 Iyannough Road, Hyannis, MA 02601, and via conference call. Those who cannot attend the meeting in person may call toll-free (866) 210– 1669, passcode 5253902#, to listen and participate. STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Finance Subcommittee will continue developing and implementing the Unified Carrier Registration Plan and Agreement. An agenda for this meeting will be available no later than 5:00 p.m. Eastern Daylight Time, October 22, 2018, at https:// ucrplan.org. CONTACT PERSON FOR MORE INFORMATION: Mr. Avelino Gutierrez, Chair, Unified amozie on DSK3GDR082PROD with NOTICES1 TIME AND DATE: Application No. Carrier Registration Board of Directors, at (505) 827–4565. Issued on: October 3, 2018. Larry W. Minor, Associate Administrator, Office of Policy, Federal Motor Carrier Safety Administration. [FR Doc. 2018–22117 Filed 10–5–18; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Notice of actions on special permit applications. ACTION: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein SUMMARY: Federal Motor Carrier Safety Administration DATES: Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors ADDRESSES: The meeting will be held on October 25, 2018, from 12:00 to 3:00 p.m., Eastern Daylight Time. PLACE: This meeting will be open to the public via conference call. Any interested person may call 1–866–210– 1669, passcode 5253902#, to listen and participate in this meeting. STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. An agenda for this meeting will be available no later than 5:00 p.m. Eastern Daylight Time, October 15, 2018, at: https://ucrplan.org. CONTACT PERSON FOR MORE INFORMATION: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors, at (505) 827–4565. TIME AND DATE: Issued on: October 3, 2018. Larry W. Minor, Associate Administrator, Office of Policy, Federal Motor Carrier Safety Administration. [FR Doc. 2018–22123 Filed 10–5–18; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Notice of Applications for Special Permits Comments must be received on or before November 9, 2018. Record Center, Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Approvals and Permits Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366– 4535. Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington DC or at http://regulations.gov. This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on October 02, 2018. Donald P. Burger, Chief, General Approvals and Permits Branch. Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: Applicant Regulation(s) affected Nature of the special permits thereof SPECIAL PERMITS DATA—Granted 11379–M ............ VerDate Sep<11>2014 TRW AUTOMOTIVE INC. ...... 21:20 Oct 09, 2018 Jkt 247001 PO 00000 173.301, 173.302a ................. Frm 00159 Fmt 4703 Sfmt 4703 To modify the special permit to authorize additional disposal options. (modes 1,2,3,4,5). E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 51041-51042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21999]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 402X)]


Norfolk Southern Railway Company--Abandonment Exemption--in the 
City of Detroit, Mich.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon rail service in NSR's Detroit Boat Yard.\1\ Specifically, NSR 
seeks to abandon: (1) Approximately 0.63 miles of track extending from 
milepost D 1.38 (at switch) to a point without a milepost approximately 
3,303 feet to the north; (2) NSR's common carrier operating interest 
over approximately 0.49 miles of connecting track jointly owned and 
operated by NSR and CSX Transportation, Inc. (CSXT), extending from 
milepost D 1.23 to milepost D 1.72 (near West Jefferson Ave.) in the 
City of Detroit, Mich. (collectively, Line). CSXT's right to operate 
over the jointly owned segment between milepost D 1.23 and milepost D 
1.72 will be unaffected by NSR's abandonment. The Line traverses United 
States Postal Service Zip Codes 48216, 48222 and 48226.
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    \1\ NSR states that it believes its Detroit Boat Yard track is 
excepted track under 49 U.S.C. 10906 but it is seeking abandonment 
authority for that track ``out of an abundance of caution, as some 
historical operation over the tracks may have exhibited some limited 
indicia of jurisdictional operations.''
---------------------------------------------------------------------------

    NSR has certified that: (1) It has moved no local or overhead 
traffic over the Line for at least two years; (2) overhead traffic on 
the Line, if there were any, could 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 any U.S. District Court or has 
been decided in favor of a complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR 
1152.50(d)(1) (notice to governmental agencies), 49 CFR 1105.11 
(transmittal letter), and 49 CFR 1105.7 and 1105.8 (environment and 
historic report), 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,\2\ this exemption will be 
effective on November 9, 2018, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
October 22, 2018. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 30, 2018, with 
the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors, in their formal expression of intent, to make a 
preliminary financial responsibility showing based on a calculation 
using information contained in the carrier's filing and publicly 
available information. See Offers of Financial Assistance, EP 729 
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. B at 13 (STB served Aug. 
8, 2018).
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    A copy of any petition filed with the Board should be sent to NSR'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 exemption is void ab initio.
    NSR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 15, 2018. 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.

[[Page 51042]]

    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 20, 2019, 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 website at 
www.stb.gov.

    Decided: October 4, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-21999 Filed 10-9-18; 8:45 am]
 BILLING CODE 4915-01-P