Colorado Landowners-Adverse Abandonment-Great Western Railway of Colorado, LLC in Weld County, Colo., 64532-64533 [2022-23191]

Download as PDF 64532 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices 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. OMB Control 3245–0178. Title: Statement of Personal History. Description of Respondents: Applicants participating in SBA programs. Estimated Annual Responses: 142,000. Estimated Annual Hour Burden: 35,500. BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Meeting Small Business Administration. Notice of open Federal Advisory Committee meeting. AGENCY: ACTION: The SBA is issuing this notice to announce the date, time and agenda for a meeting of the National Small Business Development Center Advisory Board. The meeting will be open to the public; however, advance notice of attendance is required. DATES: Tuesday, November 15, 2022, at 4:00 p.m. EST. ADDRESSES: Meeting will be held via Microsoft Teams. FOR FURTHER INFORMATION CONTACT: Rachel Karton, Office of Small Business Development Centers, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416; Rachel.newman-karton@sba.gov; 202– 619–1816. If anyone wishes to be a listening participant or would like to request accommodations, please contact Rachel Karton at the information above. SUPPLEMENTARY INFORMATION: Pursuant to section l0(a) of the Federal Advisory Committee Act (5 U.S.C. Appendix 2), the SBA announces the meetings of the National SBDC Advisory Board. This Board provides advice and counsel to the SBA Administrator and Associate Administrator for Small Business Development Centers. SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2022–23163 Filed 10–24–22; 8:45 am] BILLING CODE 8026–09–P SURFACE TRANSPORTATION BOARD Colorado Landowners—Adverse Abandonment—Great Western Railway of Colorado, LLC in Weld County, Colo. [FR Doc. 2022–23178 Filed 10–24–22; 8:45 am] Purpose The purpose of the meeting is to discuss the following pertaining to the SBDC Program: 16:52 Oct 24, 2022 Andrienne Johnson, Committee Management Officer. [Docket No. AB 857 (Sub–No. 2)] Curtis Rich, Agency Clearance Officer. VerDate Sep<11>2014 • Annual Plan • Outreach and Engagement with the SBDC State Directors Additionally, SBA will be seeking three volunteers from the Advisory Board to participate as judges for the National Small Business Week Small Business Development Centers Excellence and Innovation Award. Jkt 259001 On October 5, 2022, a group of landowners (Landowners) 1 filed an application 2 under 49 U.S.C. 10903 requesting that the Surface Transportation Board (Board) authorize the third-party, or adverse, abandonment of 6.2 miles of rail line extending from milepost 0.0 at Johnstown, Colo., to milepost 6.2 near Welty, Colo. (the Line), owned by Great Western Railway of Colorado, LLC (Great Western). The Line traverses U.S. Postal Service Zip Codes 80534 and 80513. According to the Landowners, the Line was constructed in 1902 and 1903 to transport sugar beets from a sugar beet dump facility, which closed in the 1970s. In 2008, Great Western filed a verified notice of exemption to abandon the Line. See Great W. Ry. of Colo., LLC—Aban. Exemption—in Weld Cnty., Colo., Docket No. AB 857 (Sub-No. 1X). After notice of the exemption was served and published in the Federal Register, the Board issued a notice of interim trail use or abandonment authorizing negotiations for interim trail use/rail banking of the Line under the Board’s regulations at 49 CFR 1152.29 and granted six one-year extensions of the deadline to exercise abandonment authority. However, in 2014, Great Western filed a letter stating that it had decided to reopen the Line and would not be consummating the abandonment. 1 The 27 landowners are listed in Appendix 1 to the application. 2 The application is considered filed 20 days after the Landowners filed a September 15, 2022 amendment to a September 13, 2022 revised environmental and historic report. See Colo. Landowners—Adverse Aban.—Great W. Ry. of Colo., LLC, in Weld Cnty., Colo., AB 857 (Sub-No. 2), slip op. at 1 (STB served Sept. 7, 2022). PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 According to the Landowners, the Line has not been used for Boardregulated rail transportation for approximately 43 years and there is no reasonable prospect for such use in the foreseeable future. The Landowners state that no shippers have used the Line since 1979, and that the Line has been used only for random and sporadic rail car storage between 2008 and 2016. The Landowners further claim that Great Western has performed no maintenance on the railroad right-ofway, such that use of the Line for rail transportation is impossible and/or cost prohibitive. The Landowners state that they are seeking the adverse abandonment to pave the way for action under Colorado law to free the land from Great Western’s easement. In a decision served on February 11, 2022, the Landowners were granted exemptions from several statutory provisions and waivers of certain Board regulations that were unnecessary to the adverse abandonment application or that sought information not available to the Landowners. The Landowners state that, to their knowledge, the Line does not contain any federally granted rights-of-way. Any documentation in the Landowners’ possession will be made available promptly to those requesting it. The Landowners’ entire case-in-chief for adverse abandonment was filed with the application. The Landowners state that the interests 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). Any interested person may file written comments concerning the proposed adverse abandonment or protests (including protestant’s entire opposition case) by November 21, 2022. Persons who may oppose the proposed adverse abandonment but who do not wish to participate fully in the process by submitting verified statements of witnesses containing detailed evidence should file comments. Persons opposing the proposed adverse abandonment who wish to participate actively and fully in the process should file a protest, observing the filing, service, and content requirements of 49 CFR 1152.25. The Landowners’ reply is due by December 5, 2022. Any request for an interim trail use/ rail banking condition under 16 U.S.C. 1247(d) and 49 CFR 1152.29 must be E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices filed by November 21, 2022,3 and should address whether the issuance of a certificate of interim trail use in this case would be consistent with the grant of an adverse abandonment application. All filings in response to this notice must refer to Docket No. AB 857 (Sub– No. 2) and must be filed with the Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading filed with the Board must be served on the Landowners’ representatives: Thomas F. McFarland, Thomas F. McFarland, P.C., 2230 Marston Lane, Flossmoor, IL 60422–1336; and Thomas S. Stewart, Stewart, Wald & McCulley, 2100 Central Street, Suite 22, Kansas City, MO 64108. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Board’s Office of Environmental Analysis (OEA) will be served upon all parties of record and upon any agencies or other persons who commented during its preparation.4 A copy of the EA (or EIS) will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245– 0294. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Persons seeking further information concerning abandonment procedures may contact the Board’s Rail Customer and Public Assistance program at (202) 245–0238 or refer to the text of the abandonment regulations at 49 CFR part 1152. Board decisions and notices are available at www.stb.gov. Decided: October 20, 2022. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2022–23191 Filed 10–24–22; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 4915–01–P 3 Filing fees for trail use requests can be found at 49 CFR 1002.2(f)(27). 4 On October 14, 2022, Great Western filed a reply challenging, among other things, the sufficiency of Landowners’ environmental and historic reports submitted to date and the Landowners’ compliance with certain service and publication requirements. To the extent that these objections need to be addressed, the Board will do so in a future decision in this docket. VerDate Sep<11>2014 16:52 Oct 24, 2022 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2022–0002–N–16] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Requests (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. These ICRs describe the information collections and their expected burdens. On June 16, 2022, FRA published a notice providing a 60-day period for public comment on the ICRs. DATES: Interested persons are invited to submit comments on or before November 25, 2022. ADDRESSES: Written comments and recommendations for the proposed ICRs should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information Collection Clearance Officer at email: Hodan.Wells@dot.gov or telephone: (202) 868–9412. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On June 16, 2022, FRA published a 60-day notice in the Federal Register soliciting comment on the ICRs for which it is now seeking OMB approval. See 87 FR 36366. FRA received no comments in response to this notice. Before OMB decides whether to approve the proposed collections of information, it must provide 30 days for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 64533 1320.12(a); see also 60 FR 44978, 44983 (Aug. 29, 1995). OMB believes the 30day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. Comments are invited on the following ICRs regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. The summaries below describe the ICRs that FRA will submit for OMB clearance as the PRA requires: Title: Special Notice for Repairs. OMB Control Number: 2130–0504. Abstract: Under 49 CFR part 216, FRA and State inspectors may issue a Special Notice for Repairs to notify a railroad in writing of an unsafe condition involving a locomotive, car, or track. The railroad must notify FRA in writing when the equipment is returned to service or the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying the repairs completed. FRA and State inspectors use this information to remove from service freight cars, passenger cars, and locomotives until they can be restored to a serviceable condition. They also use this information to reduce the maximum authorized speed on a section of track until repairs can be made. Type of Request: Extension without change (with changes in estimates) of a currently approved collection. Affected Public: Businesses. Form(s): FRA F 6180.8; FRA F 6180.8A. Respondent Universe: 754 railroads. Frequency of Submission: On occasion. Total Estimated Annual Responses: 7. Total Estimated Annual Burden: 3 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $194. E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64532-64533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23191]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 857 (Sub-No. 2)]


Colorado Landowners--Adverse Abandonment--Great Western Railway 
of Colorado, LLC in Weld County, Colo.

    On October 5, 2022, a group of landowners (Landowners) \1\ filed an 
application \2\ under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (Board) authorize the third-party, or adverse, 
abandonment of 6.2 miles of rail line extending from milepost 0.0 at 
Johnstown, Colo., to milepost 6.2 near Welty, Colo. (the Line), owned 
by Great Western Railway of Colorado, LLC (Great Western). The Line 
traverses U.S. Postal Service Zip Codes 80534 and 80513.
---------------------------------------------------------------------------

    \1\ The 27 landowners are listed in Appendix 1 to the 
application.
    \2\ The application is considered filed 20 days after the 
Landowners filed a September 15, 2022 amendment to a September 13, 
2022 revised environmental and historic report. See Colo. 
Landowners--Adverse Aban.--Great W. Ry. of Colo., LLC, in Weld 
Cnty., Colo., AB 857 (Sub-No. 2), slip op. at 1 (STB served Sept. 7, 
2022).
---------------------------------------------------------------------------

    According to the Landowners, the Line was constructed in 1902 and 
1903 to transport sugar beets from a sugar beet dump facility, which 
closed in the 1970s. In 2008, Great Western filed a verified notice of 
exemption to abandon the Line. See Great W. Ry. of Colo., LLC--Aban. 
Exemption--in Weld Cnty., Colo., Docket No. AB 857 (Sub-No. 1X). After 
notice of the exemption was served and published in the Federal 
Register, the Board issued a notice of interim trail use or abandonment 
authorizing negotiations for interim trail use/rail banking of the Line 
under the Board's regulations at 49 CFR 1152.29 and granted six one-
year extensions of the deadline to exercise abandonment authority. 
However, in 2014, Great Western filed a letter stating that it had 
decided to reopen the Line and would not be consummating the 
abandonment.
    According to the Landowners, the Line has not been used for Board-
regulated rail transportation for approximately 43 years and there is 
no reasonable prospect for such use in the foreseeable future. The 
Landowners state that no shippers have used the Line since 1979, and 
that the Line has been used only for random and sporadic rail car 
storage between 2008 and 2016. The Landowners further claim that Great 
Western has performed no maintenance on the railroad right-of-way, such 
that use of the Line for rail transportation is impossible and/or cost 
prohibitive. The Landowners state that they are seeking the adverse 
abandonment to pave the way for action under Colorado law to free the 
land from Great Western's easement.
    In a decision served on February 11, 2022, the Landowners were 
granted exemptions from several statutory provisions and waivers of 
certain Board regulations that were unnecessary to the adverse 
abandonment application or that sought information not available to the 
Landowners.
    The Landowners state that, to their knowledge, the Line does not 
contain any federally granted rights-of-way. Any documentation in the 
Landowners' possession will be made available promptly to those 
requesting it. The Landowners' entire case-in-chief for adverse 
abandonment was filed with the application.
    The Landowners state that the interests 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).
    Any interested person may file written comments concerning the 
proposed adverse abandonment or protests (including protestant's entire 
opposition case) by November 21, 2022. Persons who may oppose the 
proposed adverse abandonment but who do not wish to participate fully 
in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons opposing the 
proposed adverse abandonment who wish to participate actively and fully 
in the process should file a protest, observing the filing, service, 
and content requirements of 49 CFR 1152.25. The Landowners' reply is 
due by December 5, 2022.
    Any request for an interim trail use/rail banking condition under 
16 U.S.C. 1247(d) and 49 CFR 1152.29 must be

[[Page 64533]]

filed by November 21, 2022,\3\ and should address whether the issuance 
of a certificate of interim trail use in this case would be consistent 
with the grant of an adverse abandonment application.
---------------------------------------------------------------------------

    \3\ Filing fees for trail use requests can be found at 49 CFR 
1002.2(f)(27).
---------------------------------------------------------------------------

    All filings in response to this notice must refer to Docket No. AB 
857 (Sub-No. 2) and must be filed with the Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading filed 
with the Board must be served on the Landowners' representatives: 
Thomas F. McFarland, Thomas F. McFarland, P.C., 2230 Marston Lane, 
Flossmoor, IL 60422-1336; and Thomas S. Stewart, Stewart, Wald & 
McCulley, 2100 Central Street, Suite 22, Kansas City, MO 64108.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by the Board's Office of Environmental 
Analysis (OEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation.\4\ A 
copy of the EA (or EIS) will be available to interested persons on the 
Board's website, by writing to OEA, or by calling OEA at (202) 245-
0294. Assistance for the hearing impaired is available through the 
Federal Relay Service at (800) 877-8339.
---------------------------------------------------------------------------

    \4\ On October 14, 2022, Great Western filed a reply 
challenging, among other things, the sufficiency of Landowners' 
environmental and historic reports submitted to date and the 
Landowners' compliance with certain service and publication 
requirements. To the extent that these objections need to be 
addressed, the Board will do so in a future decision in this docket.
---------------------------------------------------------------------------

    Persons seeking further information concerning abandonment 
procedures may contact the Board's Rail Customer and Public Assistance 
program at (202) 245-0238 or refer to the text of the abandonment 
regulations at 49 CFR part 1152.
    Board decisions and notices are available at www.stb.gov.

    Decided: October 20, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-23191 Filed 10-24-22; 8:45 am]
BILLING CODE 4915-01-P
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