Indiana & Ohio Railway Company-Discontinuance of Service Exemption-in Warren County, Ohio, 12048 [2020-04104]

Download as PDF 12048 Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices SURFACE TRANSPORTATION BOARD [Docket No. AB 1297X] Indiana & Ohio Railway Company— Discontinuance of Service Exemption—in Warren County, Ohio jbell on DSKJLSW7X2PROD with NOTICES Indiana & Ohio Railway Company (IORY) has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over a 5.6-mile rail line extending between milepost 1.10 near Lebanon and milepost 6.70 at Hageman Junction near Mason in Warren County, Ohio (the Line).1 The Line traverses U.S. Postal Service Zip Codes 45036 and 45040. IORY has certified that: (1) No local traffic has moved over the Line for at least two years; (2) because the Line is stub-ended, it has not handled any overhead traffic in at least two years, and there is no potential overhead traffic that would need to be 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 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 & 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) 2 to subsidize 1 While the verified notice states that the Line is owned by the City of Lebanon, agency precedent (which is cited by IORY) indicates that IORY itself acquired the Line in 1987, and no other authority is provided to suggest that the Line has since been transferred. (Verified Notice 2 n.1.) Ind. & Ohio Ry.—Acquis. & Operation Exemption—Ind. & Ohio R.R., FD 30906 (ICC served Feb. 6, 1987); see also Ind. & Ohio Rail Passenger Corp.—Trackage Rights Exemption—Cincinnati Term. Ry., et al., FD 32894 (STB served Apr. 30, 1996) (notice of exemption for, among other things, IORY to grant trackage rights to the Indiana & Ohio Rail Passenger Corporation between Lebanon and Hageman). 2 Persons interested in submitting an OFA to subsidize continued rail service must first file a formal expression of intent to file an offer, VerDate Sep<11>2014 17:27 Feb 27, 2020 Jkt 250001 continued rail service has been received, this exemption will be effective on March 29, 2020, 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) 3 must be filed by March 9, 2020.4 Petitions for reconsideration must be filed by March 19, 2020, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with Board should be sent to IORY’s representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available at www.stb.gov. Decided: February 25, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2020–04104 Filed 2–27–20; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–0137] Airport Improvement Program (AIP) Grant Assurances Federal Aviation Administration (FAA), Department of Transportation. ACTION: Notice of modification of Airport Improvement Program grant assurances; opportunity to comment. AGENCY: The FAA has updated the AIP grant assurances to reflect recent legislative provisions in the FAA Reauthorization Act of 2018 as well as recently issued executive orders. DATES: The FAA is implementing these modified grant assurances upon publication of this notice to expedite processing Fiscal Year 2020 grants SUMMARY: indicating the intent to file an OFA for subsidy and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 3 The filing fee for OFAs can be found at 49 CFR 1002.2(f)(25). 4 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require environmental review. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 under the AIP. The FAA will accept public comments concerning these modified grant assurances for 30 days. Comments must be submitted on or before March 30, 2020. If necessary, in response to comments received, the FAA will consider appropriate revisions to these grant assurance modifications through publication of a subsequent notice in the Federal Register. ADDRESSES: You may send comments [identified by Docket Number FAA– 2020–0137] using any of the following methods: • Government-wide Rulemaking Website: Go to http:// www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue SE, Washington, DC 20590. • Fax: 1–202–493–2251. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dave Cushing, Manager, Airports Financial Assistance Division, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267–8827; fax: (202) 267–5302. Authority for Grant Assurance Modifications This notice is published under the authority described in Subtitle VII, Part B, Chapter 471, Sections 47107 and 47122 of Title 49 United States Code (U.S.C.). In addition, the statutory authorities delegated to the Federal Aviation Administration are enumerated in Title 49 Code of Federal Regulations (CFR) § 1.83 (‘‘Delegations to the Federal Aviation Administration’’). SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial assistance in the form of an AIP grant for airport planning, airport development, noise compatibility planning, or noise mitigation under 49 U.S.C., as amended, must agree to comply with certain assurances. These grant assurances are incorporated in, and become part of a sponsor’s grant agreement for Federal assistance. As need dictates, the FAA modifies these assurances to reflect new Federal requirements. Notice of such modifications is published in the E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Page 12048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04104]



[[Page 12048]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1297X]


Indiana & Ohio Railway Company--Discontinuance of Service 
Exemption--in Warren County, Ohio

    Indiana & Ohio Railway Company (IORY) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 5.6-mile rail 
line extending between milepost 1.10 near Lebanon and milepost 6.70 at 
Hageman Junction near Mason in Warren County, Ohio (the Line).\1\ The 
Line traverses U.S. Postal Service Zip Codes 45036 and 45040.
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    \1\ While the verified notice states that the Line is owned by 
the City of Lebanon, agency precedent (which is cited by IORY) 
indicates that IORY itself acquired the Line in 1987, and no other 
authority is provided to suggest that the Line has since been 
transferred. (Verified Notice 2 n.1.) Ind. & Ohio Ry.--Acquis. & 
Operation Exemption--Ind. & Ohio R.R., FD 30906 (ICC served Feb. 6, 
1987); see also Ind. & Ohio Rail Passenger Corp.--Trackage Rights 
Exemption--Cincinnati Term. Ry., et al., FD 32894 (STB served Apr. 
30, 1996) (notice of exemption for, among other things, IORY to 
grant trackage rights to the Indiana & Ohio Rail Passenger 
Corporation between Lebanon and Hageman).
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    IORY has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) because the Line is stub-ended, it has 
not handled any overhead traffic in at least two years, and there is no 
potential overhead traffic that would need to be 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 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 & 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) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on March 29, 2020, 
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) 
\3\ must be filed by March 9, 2020.\4\ Petitions for reconsideration 
must be filed by March 19, 2020, with the Surface Transportation Board, 
395 E Street SW, Washington, DC 20423-0001.
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    \2\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Because there will be an environmental review 
during abandonment, this discontinuance does not require 
environmental review.
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    A copy of any petition filed with Board should be sent to IORY's 
representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. 
NW, Suite 1300 South, Washington, DC 20004.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: February 25, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2020-04104 Filed 2-27-20; 8:45 am]
 BILLING CODE 4915-01-P