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Federal Register/Vol. 83, No. 246/Wednesday, December 26

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Federal Register/Vol. 83, No. 246/Wednesday, December 26 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66335 1152.50(d)(1) (notice to governmental 20423–0001) or by calling OEA at (202) Lakeville Line also includes the 0.1-mile agencies) have been met. 245–0305. Assistance for the hearing segment of track known as the Cannon As a condition to this exemption, any impaired is available through the Falls Branch between CP milepost 0.00 employee adversely affected by the Federal Information Relay Service at and CP milepost 0.10 at Northfield. The abandonment shall be protected under (800) 877–8339. Comments on Eagandale Line extends approximately Oregon Short Line Railroad— environmental and historic preservation 12 miles from UP milepost 332.05 at Abandonment Portion Goshen Branch matters must be filed within 15 days Rosemount through UP milepost 333.85 Between Firth & Ammon, in Bingham & after the EA becomes available to the (CP milepost 150.80) to CP milepost Bonneville Counties, Idaho, 360 I.C.C. public. 160.70 at Eagan. The Faribault Line 91 (1979). To address whether this Environmental, historic preservation, extends for approximately nine miles condition adequately protects affected public use, or trail use/rail banking between UP milepost 300.50 2 at employees, a petition for partial conditions will be imposed, where Faribault and UP milepost 309.69 at revocation under 49 U.S.C. 10502(d) appropriate, in a subsequent decision. Northfield. According to PGR, DM&E must be filed. Pursuant to the provisions of 49 CFR owns the Faribault Line from Comus to Provided no formal expression of 1152.29(e)(2), CSXT shall file a notice of Faribault, and Soo Line owns the intent to file an offer of financial consummation with the Board to signify Faribault Line from Comus to assistance (OFA) has been received,1 that it has exercised the authority Northfield. PGR states that the this exemption will be effective on granted and fully abandoned the Line. If Lakeville, Eagandale, and Faribault January 25, 2019, unless stayed pending consummation has not been effected by Lines (collectively, the Lines) total reconsideration. Petitions to stay that do CSXT’s filing of a notice of approximately 42 miles. not involve environmental issues,2 consummation by December 26, 2019, PGR states that it has entered into a formal expressions of intent to file an and there are no legal or regulatory new lease agreement with Soo Line and OFA under 49 CFR 1152.27(c)(2),3 and barriers to consummation, the authority DM&E that renews PGR’s lease of the interim trail use/rail banking requests to abandon will automatically expire. Lakeville and Eagandale Lines for an under 49 CFR 1152.29 must be filed by Board decisions and notices are additional 15 years and allows PGR to January 7, 2019. Petitions to reopen or available at www.stb.gov. lease and operate the Faribault Line for requests for public use conditions under Decided: December 18, 2018. a term of 15 years. 49 CFR 1152.28 must be filed by January PGR states that it currently operates By the Board, Allison C. Davis, Acting 15, 2019, with the Surface Director, Office of Proceedings. the Lakeville and Eagandale Lines Transportation Board, 395 E Street SW, pursuant to Progressive Rail Inc.—Lease Jeffrey Herzig, Washington, DC 20423–0001. & Operation Exemption—Soo Line A copy of any petition filed with Clearance Clerk. Railroad, FD 34496 (STB served May 19, Board should be sent to CSXT’s [FR Doc. 2018–27685 Filed 12–21–18; 8:45 am] 2004) and the Faribault Line pursuant to representative, Louis E. Gitomer, Law BILLING CODE 4915–01–P Progressive Rail Inc.—Acquisition & Offices of Louis E. Gitomer, LLC, 600 Operation Exemption—Rail Lines of Baltimore Avenue, Suite 301, Towson, Union Pacific Railroad, FD 34476 (STB MD 21204. SURFACE TRANSPORTATION BOARD served Apr. 7, 2004). PGR states that it If the verified notice contains false or [Docket No. FD 36251] will continue to operate the Lines under misleading information, the exemption the new lease agreement. is void ab initio. Progressive Rail Incorporated—Lease According to PGR, the new lease CSXT has filed a combined Exemption With Interchange agreement includes an interchange environmental and historic report that Commitment—Soo Line Railroad commitment. As required under 49 CFR addresses the effects, if any, of the Company and Dakota, Minnesota & 1150.43(h)(1), PGR provided additional abandonment on the environment and Eastern Railroad Corporation information regarding the interchange historic resources. OEA will issue an commitment. environmental assessment (EA) by Progressive Rail Incorporated (PGR), a PGR certifies that its projected December 31, 2018. Interested persons Class III rail carrier, has filed a verified revenues resulting from this transaction may obtain a copy of the EA by writing notice of exemption under 49 CFR will not result in the creation of a Class to OEA (Room 1100, Surface 1150.41 to (1) renew its lease from Soo I or Class II rail carrier, but states that Transportation Board, Washington, DC Line Railroad Company (Soo Line) of its projected annual revenues will two lines of railroad between exceed $5 million following the 1 The Board modified its OFA procedures Northfield, Minn., and Lakeville, Minn. transaction. Accordingly, PGR is effective July 29, 2017. Among other things, the (Lakeville Line), and between required by Board regulations to send OFA process now requires potential offerors, in Rosemount, Minn., and Eagan, Minn. notice of the transaction to the national their formal expression of intent, to make a preliminary financial responsibility showing based (Eagandale Line); and (2) lease from Soo offices of the labor unions with on a calculation using information contained in the Line and Dakota, Minnesota & Eastern employees on the affected lines, to post carrier’s filing and publicly available information. Railroad Corporation (DM&E) 1 a line of a copy of the notice at the workplace of See Offers of Financial Assistance, EP 729 (STB railroad between Faribault, Minn., and the employees on the affected lines, and served June 29, 2017); 82 FR 30,997 (July 5, 2017). 2 The Board will grant a stay if an informed Northfield, Minn. (Faribault Line). to certify to the Board that it has done decision on environmental issues (whether raised The Lakeville Line extends so, at least 60 days before the exemption by a party or by the Board’s Office of Environmental approximately 21 miles from UP is to become effective. 49 CFR Analysis (OEA) in its independent investigation) milepost 309.69 at Northfield through 1150.42(e). PGR filed its certification on cannot be made before the exemption’s effective UP milepost 313.77 (CP milepost 52.90) date. See Exemption of Out-of-Serv. Rail Lines, 5 November 15, 2018. I.C.C.2d 377 (1989). Any request for a stay should to CP milepost 35.25 at Lakeville. The Concurrently with its verified notice, be filed as soon as possible so that the Board may however, PGR filed a petition for partial take appropriate action before the exemption’s 1 Soo Line and DM&E are affiliated railroads effective date. under common control of Canadian Pacific Railway 2 In its notice of exemption, the map at Exhibit 3 Each OFA must be accompanied by the filing Company (CP). Canadian Pac. Ry.—Control— A–1 referred to UP milepost 300.35. On December fee, which currently is set at $1,800. See 49 CFR Dakota, Minn. & E. R.R., FD 35081 (STB served 19, 2018, PGR filed a supplement noting that the 1002.2(f)(25). Sept. 30, 2008). map should have referred to UP milepost 300.50. VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\26DEN1.SGM 26DEN1 amozie on DSK3GDR082PROD with NOTICES1 66336 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices waiver of the 60-day advance labor determination of railroad revenue Approvals By Rule Issued Under 18 notice requirement to permit the adequacy. A railroad is considered CFR 806.22(f) exemption to take effect on January 9, revenue adequate under 49 U.S.C. 1. Inflection Energy (PA), LLC; Pad ID: 2019. PGR’s waiver request will be 10704(a) if it achieves a rate of return on Hillegas Well Pad, ABR–201308017.R1; addressed in a separate decision. net investment (ROI) equal to at least Upper Fairfield Township, Lycoming PGR states that it expects to the current cost of capital for the County, Pa.; Consumptive Use of Up to consummate the transaction on or railroad industry for 2017, determined 4.0000 mgd; Approval Date: October 11, shortly after the effective date of this to be 10.04% in Railroad Cost of 2018. exemption. The Board will establish the Capital—2017, EP 558 (Sub-No. 21) 2. Inflection Energy (PA), LLC; Pad ID: effective date in its separate decision on (STB served Dec. 6, 2018). This revenue Bennett Well Pad, ABR–201308015.R1; the waiver request. adequacy standard was applied to each Eldred Township, Lycoming County, If the notice contains false or Class I railroad. Four carriers (BNSF Pa.; Consumptive Use of Up to 4.0000 misleading information, the exemption Railway Company, Norfolk Southern mgd; Approval Date: October 19, 2018. is void ab initio. Petitions to revoke the Combined Railroad Subsidiaries, Soo 3. Cabot Oil & Gas Corporation; Pad exemption under 49 U.S.C. 10502(d) Line Corporation, and Union Pacific ID: PavelskiJ Pad 1, ABR–201810001; may be filed at any time. The filing of Railroad Company) were found to be Gibson Township, Susquehanna a petition to revoke will not revenue adequate for 2017.
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