Norfolk Southern Railway Company-Abandonment Exemption-in the City of Cincinnati, Ohio and Hamilton County, Ohio, 54716-54717 [2019-22173]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
remain in place and will be transferred
to ND Paper Inc. (ND Paper), which
owns a paper mill that is the sole railserved facility on the Line. (Joint Pet. 1–
2.) Petitioners state that upon
consummation of the discontinuance
and abandonment and conveyance of
the Line to ND Paper, WCL will
continue to handle ND Paper’s traffic to
Plover Road pursuant to a rail
transportation contract, and WRR (or an
affiliate) will handle traffic over the
Line as a private contract switching
carrier for ND Paper. (Joint Pet. 2.) ND
Paper supports the joint petition. (Joint
Pet., Ex. C.)
According to WCL, the Line does not
contain any federally granted rights-ofway and any relevant documentation in
WCL’s possession will be made
available promptly to those requesting
it.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
By issuance of this notice, the Board
is instituting an exemption proceeding
pursuant to 49 U.S.C. 10502(b). A final
decision will be issued by January 8,
2020.
Any offer of financial assistance
(OFA) under 49 CFR 1152.27(b)(2) will
be due no later than 120 days after the
filing of the petition for exemption, or
10 days after service of a decision
granting the petition for exemption,
whichever occurs sooner. Persons
interested in submitting an OFA must
file a formal expression of intent to file
an offer by October 21, 2019, indicating
the type of financial assistance they
wish to provide (i.e., subsidy or
purchase) and demonstrating that they
are preliminarily financially
responsible. See 49 CFR 1152.27(c)(1)(i).
Following authorization for
abandonment, the Line may be suitable
for other public use, including interim
trail use. Any request for a public use
condition under 49 CFR 1152.28 or for
trail use/rail banking under 49 CFR
1152.29 will be due no later than
October 30, 2019.2
All pleadings, referring to Docket Nos.
AB 1290X and AB 303 (Sub-No. 52X),
must be filed with the Surface
Transportation Board either via e-filing
or in writing addressed to 395 E Street
SW, Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on (1) WRR’s representative,
2 Filing fees for OFAs and trail use requests can
be found at 49 CFR 1002.2(f)(25) and (27),
respectively.
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19:50 Oct 09, 2019
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Michael E. Gray, Watco Companies,
LLC, 315 West 3rd Street, Pittsburg, KS
66762 and (2) WCL’s representative,
Thomas J. Litwiler, Fletcher & Sippel
LLC, 29 North Wacker Dr., Suite 800,
Chicago, IL 60606. Replies to this
petition are due on or before October 30,
2019.
Persons seeking further information
concerning abandonment and
discontinuance procedures may contact
the Board’s Office of Public Assistance,
Governmental Affairs, and Compliance
at (202) 245–0238 or refer to the full
abandonment and discontinuance
regulations at 49 CFR part 1152.
Questions concerning environmental
issues may be directed to the Board’s
Office of Environmental Analysis (OEA)
at (202) 245–0305. Assistance for the
hearing impaired is available through
the Federal Relay Service at (800) 877–
8339.
An environmental assessment (EA) (or
environmental impact statement (EIS), if
necessary) prepared by OEA will be
served upon all parties of record and
upon any agencies or other persons who
comment during its preparation. Other
interested persons may contact OEA to
obtain a copy of the EA (or EIS). EAs in
abandonment proceedings normally will
be made available within 60 days of the
filing of the petition. The deadline for
submission of comments on the EA
generally will be within 30 days of its
service.
Board decisions and notices are
available at www.stb.gov.
Decided: October 3, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019–22195 Filed 10–9–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 405X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in the City
of Cincinnati, Ohio and Hamilton
County, Ohio
Norfolk Southern Railway Company
(NSR) has filed a verified notice of
exemption under 49 CFR part 1152
subpart F—Exempt Abandonments to
abandon rail service over an
approximately 0.64-mile rail line, from
milepost CT 3.06 to milepost CT 3.70,
including 2,868 feet of unmileposted
runaround track located at milepost CT
3.49, in the City of Cincinnati, Ohio,
and Hamilton County, Ohio (the Line).
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The Line traverses U.S. Postal Service
Zip Codes 45207 and 45212.
NSR has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) no overhead traffic
has moved over the Line for at least two
years, and overhead traffic, 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), and 49 CFR 1105.7 and
1105.8 (environmental 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) 1 has been received,
this exemption will be effective on
November 9, 2019, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues must be filed by October 18,
2019.2 Formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2)
and trail use/rail banking requests under
49 CFR 1152.29 must be filed by
October 21, 2019.3 Petitions to reopen or
requests for public use conditions under
49 CFR 1152.28 must be filed by
October 30, 2019, with the Surface
1 Persons interested in submitting an OFA must
first file a formal expression of intent to file an
offer, indicating the type of financial assistance they
wish to provide (i.e., subsidy or purchase) and
demonstrating that they are preliminarily
financially responsible. See 49 CFR 1152.27(c)(2)(i).
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 Filing fees for OFAs and trail use requests can
be found at 49 CFR 1002.2(f)(25) and (27),
respectively.
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
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
representatives, William A. Mullins and
Crystal M. Zorbaugh, 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 potential effects of the
abandonment on the environment and
historic resources. OEA will issue an
environmental assessment (EA) by
October 15, 2019. The EA will be
available to interested persons on the
Board’s website, by writing to OEA, or
by calling OEA at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal 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), 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 a notice of consummation
by October 10, 2020, and there are no
legal or regulatory barriers to
consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available at www.stb.gov.
Decided: October 4, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019–22173 Filed 10–9–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 757]
Policy Statement on Demurrage and
Accessorial Rules and Charges
Surface Transportation Board.
Notice of Proposed Statement of
Board Policy.
AGENCY:
ACTION:
The Surface Transportation
Board (STB or Board) is issuing this
proposed policy statement to provide
the public with information on
SUMMARY:
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19:50 Oct 09, 2019
Jkt 250001
principles the Board would consider in
evaluating the reasonableness of
demurrage and accessorial rules and
charges. The Board seeks public
comment on this proposed policy
statement, and may revise it, as
appropriate, after consideration of the
comments received.
DATES: Comments on this proposed
policy statement are due by November
6, 2019. Reply comments are due by
December 6, 2019.
ADDRESSES: Comments and replies may
be filed with the Board either via efiling or in writing addressed to: Surface
Transportation Board, Attn: Docket No.
EP 757, 395 E Street SW, Washington,
DC 20423–0001. Comments and replies
will be posted to the Board’s website at
www.stb.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Fancher at (202) 245–0355.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
Demurrage is subject to Board regulation
under 49 U.S.C. 10702, which requires
railroads to establish reasonable rates
and transportation-related rules and
practices, and under 49 U.S.C. 10746,
which requires railroads to compute
demurrage charges, and establish rules
related to those charges, in a way that
will fulfill national needs related to
freight car use and distribution and
maintenance of an adequate car supply.1
Demurrage is a charge that both
compensates rail carriers for the
expense incurred when rail cars are
detained beyond a specified period of
time (i.e., ‘‘free time’’) for loading and
unloading and serves as a penalty for
undue car detention to encourage the
efficient use of rail cars in the rail
network. See 49 CFR 1333.1; see also 49
CFR pt. 1201, category 106.2 Accessorial
1 The Board notes its authority to regulate
demurrage includes, among other things,
transportation under the exemptions set forth in 49
CFR 1039.11 (miscellaneous commodities
exemptions) and § 1039.14 (boxcar transportation
exemptions). See Savannah Port Terminal R.R.—
Pet. for Declaratory Order—Certain Rates &
Practices as Applied to Capital Cargo, Inc., FD
34920, slip op. at 7–8 (STB served May 30, 2008)
(rejecting argument that the Board could not
address demurrage dispute because of boxcar and
certain commodity exemptions). In Exclusion of
Demurrage Regulation from Certain Class
Exemptions, Docket No. EP 760, served
concurrently with this decision, the Board is
proposing to revise 49 CFR 1039.10 to make the
exemption for the transportation of agricultural
commodities (except grain, soybeans, and
sunflower seeds, which are already subject to the
Board’s regulation) consistent with those
exemptions.
2 In Demurrage Liability (Demurrage Liability
Final Rule), EP 707, slip op. at 15–16 (STB served
Apr. 11, 2014), the Board clarified that private car
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Fmt 4703
Sfmt 4703
54717
charges are not specifically defined by
statute or regulation but are generally
understood to include charges other
than line-haul and demurrage charges.
See Revisions to Arbitration Procedures,
EP 730, slip op. at 7–8 (STB served Sept.
30, 2016).3
This proposed policy statement
provides information with respect to
certain principles the Board would
consider in evaluating the
reasonableness of demurrage and
accessorial rules and charges. It arises,
in part, as a result of the testimony and
comments submitted in Oversight
Hearing on Demurrage & Accessorial
Charges, Docket No. EP 754.4 The Board
commenced that docket by notice
served on April 8, 2019, following
concerns expressed by users of the
freight rail network (rail users) 5 and
other stakeholders about recent changes
to demurrage and accessorial tariffs
administered by Class I carriers, which
the Board was actively monitoring.6
Specifically, in Oversight Hearing on
Demurrage & Accessorial Charges (April
2019 Notice), EP 754, slip op. at 2 (STB
served Apr. 8, 2019), the Board
announced a May 22, 2019 public
hearing, which was later extended to
storage is included in the definition of demurrage
for purposes of the demurrage rules established in
that decision. The Board uses the same definition
for purposes of this policy statement.
3 As used in this policy statement, the term
‘‘accessorial charges’’ includes charges for diverting
a shipment in transit, ordering a railcar but
releasing it empty, weighing a railcar, tendering one
railroad’s car to another railroad without a line-haul
move, special train or additional switching services,
or releasing a railcar with incomplete or incorrect
shipping instructions. Issues relating to accessorial
charges may arise in proceedings before the Board
in a variety of contexts. See, e.g., Cent. Valley Ag
Grinding, Inc. v. Modesto & Empire Traction Co.,
NOR 42159 (STB served July 25, 2018) (involving
a challenge to accessorial charges).
4 Unless otherwise noted, all citations to
comments are to material docketed in Oversight
Hearing on Demurrage & Accessorial Charges,
Docket EP 754.
5 As used in this policy statement, the term ‘‘rail
users’’ broadly means any person that receives rail
cars for loading or unloading, regardless of whether
that person has a property interest in the freight
being transported. This policy statement uses the
terms ‘‘warehousemen’’ or ‘‘third-party
intermediaries’’ to refer to these entities with no
property interest in the freight.
6 In November 2018, the Board sent letters to two
Class I carriers, requesting that they examine, from
the perspective of reciprocity and commercial
fairness, recently announced changes to their
policies and practices made in connection with new
operating plans they were implementing. After
receiving responses from those two carriers, the
Board requested each Class I carrier to report its
revenues from demurrage and accessorial charges
for each quarter of 2018, and, on a going-forward
basis, for each quarter of 2019. Because accessorial
charges are not uniform among rail carriers, each
Class I carrier was asked to identify the specific
accessorial items that account for its reported
revenues.
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54716-54717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22173]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 405X)]
Norfolk Southern Railway Company--Abandonment Exemption--in the
City of Cincinnati, Ohio and Hamilton County, Ohio
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon rail service over an approximately 0.64-mile rail line, from
milepost CT 3.06 to milepost CT 3.70, including 2,868 feet of
unmileposted runaround track located at milepost CT 3.49, in the City
of Cincinnati, Ohio, and Hamilton County, Ohio (the Line). The Line
traverses U.S. Postal Service Zip Codes 45207 and 45212.
NSR has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) no overhead traffic has moved over the
Line for at least two years, and overhead traffic, 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), and 49 CFR 1105.7 and 1105.8 (environmental 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) \1\ has been received, this exemption will
be effective on November 9, 2019, unless stayed pending
reconsideration. Petitions to stay that do not involve environmental
issues must be filed by October 18, 2019.\2\ Formal expressions of
intent to file an OFA under 49 CFR 1152.27(c)(2) and trail use/rail
banking requests under 49 CFR 1152.29 must be filed by October 21,
2019.\3\ Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by October 30, 2019, with the
Surface
[[Page 54717]]
Transportation Board, 395 E Street SW, Washington, DC 20423-0001.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\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\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to NSR's
representatives, William A. Mullins and Crystal M. Zorbaugh, 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 potential effects of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by October 15, 2019. The EA will be available to interested persons on
the Board's website, by writing to OEA, or by calling OEA at (202) 245-
0305. Assistance for the hearing impaired is available through the
Federal 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), 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 a notice of
consummation by October 10, 2020, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at www.stb.gov.
Decided: October 4, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-22173 Filed 10-9-19; 8:45 am]
BILLING CODE 4915-01-P