Walkersville Southern Railroad, Inc.-Discontinuance of Service Exemption-in Frederick County, Md., 24084-24085 [2024-07299]

Download as PDF 24084 Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices and Federal Railroad Administration requirements for comprehensive oil spill response plans. STR will distribute the plan to Federal, State, and local emergency response agencies. This plan will include a roster of agencies and people to be contacted for specific types of emergencies during project-related construction, operation and maintenance activities, procedures to be followed by particular rail employees, emergency routes for vehicles, and the location of emergency equipment. VM-HazMat–06. In the event of a reportable hazardous materials release, STR will notify appropriate Federal and State environmental agencies as required under Federal and State law. VM-HazMat–07. STR will comply with applicable Federal Railroad Administration, Pipeline and Hazardous Materials Safety Administration, and Transportation Security Administration regulations for the safe and secure transportation of hazardous materials. OEA’s Final Recommended Mitigation khammond on DSKJM1Z7X2PROD with NOTICES MM-HazMat–01. If STR encounters contamination (or signs of potential contamination) during construction activities, STR shall perform a Phase 2 environmental following American Society of Testing and Materials E1527–05, Standard Practice for Environmental Site Assessments, in addition to the Phase 1 previously performed by STR. Should findings of a Phase 2 environmental investigation identify contamination in soil and/or groundwater, STR shall coordinate with relevant State agencies on regulatory obligations and comply with those agencies’ reasonable requirements for avoiding impacts related to soil and/or groundwater contamination. Air Quality STR’s Voluntary Mitigation Measures VM-Air–01. In accordance with Utah or local agency dust control permitting requirements, STR’s contractor(s) will implement appropriate dust control measures to reduce fugitive dust emissions created during project-related construction. STR will require its construction contractor(s) to regularly operate water trucks on haul roads to reduce dust generation. VM-Air–02. STR will work with its contractor(s) to make sure that construction equipment is properly maintained, and that mufflers and other required pollution-control devices are in working condition in order to limit construction-related air pollutant emissions. Climate Change OEA’s Final Recommended Mitigation MM-Climate–01. STR shall prepare a climate change plan documenting how the effects of climate change on rail infrastructure will be considered and addressed by STR in the final engineering design and construction of the rail line. The plan shall account for the extreme heat, drought, and wildfires that are anticipated in this region, which can cause track buckling, warping/melting, and electrical equipment disruptions. The plan shall also cover protective health and safety measures for rail personnel exposed to extreme heat. The plan shall use the Council on Environmental Quality’s National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change to achieve the objectives laid out in Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. Cultural Resources [FR Doc. 2024–07255 Filed 4–4–24; 8:45 am] OEA’s Final Recommended Mitigation BILLING CODE 4915–01–P MM-Cultural–01. STR shall prepare and provide to OEA a construction monitoring plan no later than 30 days prior to the start of construction and shall abide by the provisions of the plan, including any revisions by OEA, during construction activities. The plan shall address the following: 1. Training procedures to familiarize construction personnel with the identification and appropriate treatment of historic properties, 2. Monitoring of construction activities by a qualified professional archaeologist, 3. Provisions for the unanticipated discovery of archaeological sites or associated artifacts during construction activities, including procedures for notifying OEA and the Utah State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO), pursuant to 36 CFR 800.13(b) in the event of an unanticipated discovery; and, 4. Provisions for complying with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001–3013) and other applicable Federal, State, and local laws and regulations in the event of an unanticipated discovery of unmarked human remains during construction activities. VerDate Sep<11>2014 16:44 Apr 04, 2024 Jkt 262001 SURFACE TRANSPORTATION BOARD [Docket No. AB 1339X] Walkersville Southern Railroad, Inc.— Discontinuance of Service Exemption—in Frederick County, Md. Walkersville Southern Railroad, Inc. (WSRR), has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 2.21-mile rail line known as the Frederick Secondary Track extending between milepost 65.17, valuation station 3442+61.4 and milepost 67.38, valuation station 3560+00 north of the City of Frederick, in Frederick County, Md (the Line).1 1 The Interstate Commerce Commission (ICC), the Board’s predecessor, authorized WSRR to operate the Line in 1993. The Line is owned by the Maryland Transit Administration, on behalf of the State of Maryland. See Walkersville So. R.R.— Operation Exemption—Line Owned by the State of PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 The Line traverses U.S. Postal Service Zip Codes 21705 and 21793. WSRR has certified that: (1) no local traffic has moved over the Line for at least two years; (2) no overhead traffic will need to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or 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 or any U.S. District Court or has been decided in favor of a complainant within the twoyear 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 May 5, 2024, 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 April 15, 2024. Petitions for reconsideration must be filed by April 25, 2024. No environmental review is required here where the underlying right-of-way was previously abandoned and where there is no indication that the discontinuance will result in potentially significant environmental impacts.4 See 49 CFR 1105.6(c)(1). Md., Docket No. FD 32329 (ICC served Sept. 30, 1993). 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 See City of Peoria—Discontinuance of Serv. Exemption—Peoria Cnty, Ill., AB 1066 (Sub-No. 3X) (STB served June 5, 2023). The ICC and the parties treated the Line as abandoned when WSRR received operating authority. See Walkersville So. R.R.— Operation Exemption—Line Owned by the State of Md., FD 32329, slip op. at 1 n.1 (ICC served Sept. 30, 1993). E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices Ann Arbor Railroad, Inc. (AARR), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.43 to renew its lease with Norfolk Southern Railway (NSR) of rail lines totaling approximately 3.69 miles over two segments between: (1) milepost CS 1.26 and milepost CS 2.65 in Toledo, Ohio, and (2) milepost GY 85.40 and GY 87.70 in Toledo (collectively, the Lines). NSR owns the Line, and AARR currently operates the Lines under a lease.1 According to the verified notice, AARR and NSR have executed a first amendment to their lease, which, along with the original lease from 2013, will govern AARR’s operations going forward. AARR further states it will operate the Lines and provide all rail common carrier service to shippers on the Lines as it has done since 2013. As required under 49 CFR 1150.43(h)(1), AARR certifies in its verified notice that the lease contains an interchange commitment. AARR verifies that the terms of the interchange commitment remain the same as they were in 2013.2 AARR has provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h). AARR certifies that its projected revenues resulting from this transaction will not result in the creation of a Class II or Class I rail carrier but that its current annual revenue does exceed $5 million. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption is to become effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. AARR, however, has petitioned for waiver of the 60-day advance labor notice. AARR’s waiver request will be addressed in a separate decision in which the Board will also establish the effective date of the exemption. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 12, 2024. All pleadings, referring to Docket No. FD 35729 (Sub-No. 1), must be filed with the Surface Transportation Board 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 must be served on AARR’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to AARR, this action is categorically excluded from historic preservation reporting requirements under 49 CFR 1105.8(b) and from environmental reporting requirements under 49 CFR 1105.6(c). 1 AARR has been authorized to lease and operate the Line since 2013. See Ann Arbor R.R.––Norfolk S. Ry., FD 35729 (STB served July 12, 2013). 2 A copy of the lease containing the interchange commitment was filed under seal with the verified notice. See 49 CFR 1150.43(h)(1). On March 18, 2024, Frederick County, Md. (Frederick County), filed a request for a notice of interim trail use or abandonment (NITU) to negotiate with CSXT to establish interim trail use and rail banking for the Line, under the National Trails System Act, 16 U.S.C. 1247(d). Also on March 18, MTA filed a letter agreeing to negotiate with MTA toward a possible interim trail use/rail banking arrangement for the Line. Frederick County’s request will be addressed in a subsequent Board decision. All pleadings, referring to Docket No. AB 1339X, must be filed with the Surface Transportation Board via efiling on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. Additionally, a copy of each pleading filed with the Board must be sent to WSRR’s representative, Wayne Kirchhof, President, Walkersville Southern Railroad, Inc., 34 West Pennsylvania Avenue, Walkersville, MD 21793. 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: April 2, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2024–07299 Filed 4–4–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35729 (Sub-No. 1)] khammond on DSKJM1Z7X2PROD with NOTICES Ann Arbor Railroad, Inc.—Lease Renewal and Operation Exemption With Interchange Commitment— Norfolk Southern Railway Company VerDate Sep<11>2014 16:44 Apr 04, 2024 Jkt 262001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 24085 Board decisions and notices are available at www.stb.gov. Decided: April 1, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2024–07264 Filed 4–4–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2024–0025] Agency Information Collection Activities: Request for Comments for a New Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to approve a new information collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by May 6, 2024. ADDRESSES: You may submit comments identified by DOT Docket ID Number 0025 by any of the following methods: Website: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to https:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Essenmacher, (202) 780–6178, Department of Transportation, Federal Highway Administration, Office of Operations, Office of Transportation Management (HOTM–1), 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 7 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 24084-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07299]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1339X]


Walkersville Southern Railroad, Inc.--Discontinuance of Service 
Exemption--in Frederick County, Md.

    Walkersville Southern Railroad, Inc. (WSRR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
an approximately 2.21-mile rail line known as the Frederick Secondary 
Track extending between milepost 65.17, valuation station 3442+61.4 and 
milepost 67.38, valuation station 3560+00 north of the City of 
Frederick, in Frederick County, Md (the Line).\1\ The Line traverses 
U.S. Postal Service Zip Codes 21705 and 21793.
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    \1\ The Interstate Commerce Commission (ICC), the Board's 
predecessor, authorized WSRR to operate the Line in 1993. The Line 
is owned by the Maryland Transit Administration, on behalf of the 
State of Maryland. See Walkersville So. R.R.--Operation Exemption--
Line Owned by the State of Md., Docket No. FD 32329 (ICC served 
Sept. 30, 1993).
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    WSRR has certified that: (1) no local traffic has moved over the 
Line for at least two years; (2) no overhead traffic will need to be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the Line (or 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 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) 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 May 5, 2024, 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 April 15, 2024. Petitions for reconsideration must be filed by 
April 25, 2024.
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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).
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    No environmental review is required here where the underlying 
right-of-way was previously abandoned and where there is no indication 
that the discontinuance will result in potentially significant 
environmental impacts.\4\ See 49 CFR 1105.6(c)(1).
---------------------------------------------------------------------------

    \4\ See City of Peoria--Discontinuance of Serv. Exemption--
Peoria Cnty, Ill., AB 1066 (Sub-No. 3X) (STB served June 5, 2023). 
The ICC and the parties treated the Line as abandoned when WSRR 
received operating authority. See Walkersville So. R.R.--Operation 
Exemption--Line Owned by the State of Md., FD 32329, slip op. at 1 
n.1 (ICC served Sept. 30, 1993).

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[[Page 24085]]

    On March 18, 2024, Frederick County, Md. (Frederick County), filed 
a request for a notice of interim trail use or abandonment (NITU) to 
negotiate with CSXT to establish interim trail use and rail banking for 
the Line, under the National Trails System Act, 16 U.S.C. 1247(d). Also 
on March 18, MTA filed a letter agreeing to negotiate with MTA toward a 
possible interim trail use/rail banking arrangement for the Line. 
Frederick County's request will be addressed in a subsequent Board 
decision.
    All pleadings, referring to Docket No. AB 1339X, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. 
Additionally, a copy of each pleading filed with the Board must be sent 
to WSRR's representative, Wayne Kirchhof, President, Walkersville 
Southern Railroad, Inc., 34 West Pennsylvania Avenue, Walkersville, MD 
21793.
    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: April 2, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-07299 Filed 4-4-24; 8:45 am]
BILLING CODE 4915-01-P
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