[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42165-42166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17458]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1128X]
Energy Solutions, LLC, d.b.a. Heritage Railroad Corporation--
Abandonment Exemption--in Anderson and Roane Counties, Tenn.
On April 3, 2015, as supplemented on June 26, 2015, Energy
Solutions, LLC (ES), d.b.a. Heritage Railroad Corporation, filed with
the Surface Transportation Board (Board) a petition under 49 U.S.C.
10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a
line of railroad, known as the Blair-Oak Ridge Line, which extends
between a point of connection to Norfolk Southern Railway Company at or
near Blair, Tenn. (milepost 0.0) and the end of track at East Tennessee
Technology Center at or near Oak Ridge, Tenn. (milepost 7.0), including
approximately three miles of spur tracks in Anderson and Roane
Counties, Tenn. (the Line). The Line includes the stations of Blair and
Oak Ridge and traverses United States Postal Service Zip Codes 37830
and 37190.
According to ES, it owns the Line's track materials, and the United
States Department of Energy (DOE) owns the real estate underlying the
Line. ES states that it operates over the Line pursuant to an easement
for right-of-way granted by DOE to Heritage Railroad Corporation, Inc.
(HRC) in 2002, which was assigned by HRC to ES in 2009.\1\ ES proposes
to abandon the Line (thus ending its obligation to provide common
carrier service to shippers on the Line upon reasonable request) but
continue to provide contract carriage over it outside the Board's
jurisdiction. ES asserts that all the shippers on the
[[Page 42166]]
Line would continue to be served by ES pursuant to contract.
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\1\ See Heritage R.R.--Lease & Operation Exemption--Rail Line of
U.S. Dep't of Energy, FD 34372 (STB served July 23, 2003); Energy
Solutions--Acquis. & Operation Exemption--Heritage R.R., FD 35288
(STB served Sept. 3, 2009).
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According to ES, the Line does not contain federally granted
rights-of-way.\2\ Any documentation in ES's possession will be made
available promptly to those requesting it.
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\2\ ES's statement that the Line includes no federally granted
rights-of-way may be inconsistent with its statement that it
operates over the Line pursuant to an easement granted by DOE.
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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 issuing this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by October 14, 2015.
Any OFA under 49 CFR 1152.27(b)(2) will be due by October 23, 2015,
or 10 days after service of a decision granting the petition for
exemption, whichever occurs first. Each OFA must be accompanied by a
$1,600 filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following 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
August 5, 2015. Each trail request must be accompanied by a $300 filing
fee. See 49 CFR 1002.2(f)(27).
All filings in response to this notice must refer to Docket No. AB
1128X and must be sent to: (1) Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001; and (2) Thomas F. McFarland,
Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890,
Chicago, IL 60604-1112. Replies to the petition are due on or before
August 5, 2015.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs and Compliance at (202) 245-0238 or refer to the
full abandonment 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 Information Relay
Service at 1-800-877-8339.
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 other agencies or 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 on our Web site at
WWW.STB.DOT.GOV.
Decided: July 10, 2015.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-17458 Filed 7-15-15; 8:45 am]
BILLING CODE 4915-01-P