Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66335 

1The Board modified its OFA procedures 

effective July 29, 2017. Among other things, the 

OFA process now requires potential offerors, in 

their formal expression of intent, to make a 

preliminary financial responsibility showing based 

on a calculation using information contained in the 

carrier’s filing and publicly available information. 

See Offers of Financial Assistance, EP 729 (STB 

served June 29, 2017); 82 FR 30,997 (July 5, 2017). 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. Rail Lines, 5 

I.C.C.2d 377 (1989). Any request for a stay should 

be filed as soon as possible so that the Board may 

take appropriate action before the exemption’s 

effective date. 

3Each OFA must be accompanied by the filing 

fee, which currently is set at $1,800. See 49 CFR 

1002.2(f)(25). 

1Soo Line and DM&E are affiliated railroads 

under common control of Canadian Pacific Railway 

Company (CP). Canadian Pac. Ry.—Control— 

Dakota, Minn. & E. R.R., FD 35081 (STB served 

Sept. 30, 2008). 

2 In its notice of exemption, the map at Exhibit 

A–1 referred to UP milepost 300.35. On December 

19, 2018, PGR filed a supplement noting that the 

map should have referred to UP milepost 300.50. 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment 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) has been received,1

this exemption will be effective on 

January 25, 2019, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,2

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),3 and 

interim trail use/rail banking requests 

under 49 CFR 1152.29 must be filed by 

January 7, 2019. Petitions to reopen or 

requests for public use conditions under 

49 CFR 1152.28 must be filed by January 

15, 2019, 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 CSXT’s 

representative, Louis E. Gitomer, Law 

Offices of Louis E. Gitomer, LLC, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed a combined 

environmental and historic report that 

addresses the effects, if any, of the 

abandonment on the environment and 

historic resources. OEA will issue an 

environmental assessment (EA) by 

December 31, 2018. Interested persons 

may obtain a copy of the EA by writing 

to OEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling OEA at (202) 

245–0305. Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service at 

(800) 877–8339. Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the Line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by December 26, 2019, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: December 18, 2018. 

By the Board, Allison C. Davis, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2018–27685 Filed 12–21–18; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36251] 

Progressive Rail Incorporated—Lease 

Exemption With Interchange 

Commitment—Soo Line Railroad 

Company and Dakota, Minnesota & 

Eastern Railroad Corporation 

Progressive Rail Incorporated (PGR), a 

Class III rail carrier, has filed a verified 

notice of exemption under 49 CFR 

1150.41 to (1) renew its lease from Soo 

Line Railroad Company (Soo Line) of 

two lines of railroad between 

Northfield, Minn., and Lakeville, Minn. 

(Lakeville Line), and between 

Rosemount, Minn., and Eagan, Minn. 

(Eagandale Line); and (2) lease from Soo 

Line and Dakota, Minnesota & Eastern 

Railroad Corporation (DM&E) 1 a line of 

railroad between Faribault, Minn., and 

Northfield, Minn. (Faribault Line). 

The Lakeville Line extends 

approximately 21 miles from UP 

milepost 309.69 at Northfield through 

UP milepost 313.77 (CP milepost 52.90) 

to CP milepost 35.25 at Lakeville. The 

Lakeville Line also includes the 0.1-mile 

segment of track known as the Cannon 

Falls Branch between CP milepost 0.00 

and CP milepost 0.10 at Northfield. The 

Eagandale Line extends approximately 

12 miles from UP milepost 332.05 at 

Rosemount through UP milepost 333.85 

(CP milepost 150.80) to CP milepost 

160.70 at Eagan. The Faribault Line 

extends for approximately nine miles 

between UP milepost 300.50 2 at 

Faribault and UP milepost 309.69 at 

Northfield. According to PGR, DM&E 

owns the Faribault Line from Comus to 

Faribault, and Soo Line owns the 

Faribault Line from Comus to 

Northfield. PGR states that the 

Lakeville, Eagandale, and Faribault 

Lines (collectively, the Lines) total 

approximately 42 miles. 

PGR states that it has entered into a 

new lease agreement with Soo Line and 

DM&E that renews PGR’s lease of the 

Lakeville and Eagandale Lines for an 

additional 15 years and allows PGR to 

lease and operate the Faribault Line for 

a term of 15 years. 

PGR states that it currently operates 

the Lakeville and Eagandale Lines 

pursuant to Progressive Rail Inc.—Lease 

& Operation Exemption—Soo Line 

Railroad, FD 34496 (STB served May 19, 

2004) and the Faribault Line pursuant to 

Progressive Rail Inc.—Acquisition & 

Operation Exemption—Rail Lines of 

Union Pacific Railroad, FD 34476 (STB 

served Apr. 7, 2004). PGR states that it 

will continue to operate the Lines under 

the new lease agreement. 

According to PGR, the new lease 

agreement includes an interchange 

commitment. As required under 49 CFR 

1150.43(h)(1), PGR provided additional 

information regarding the interchange 

commitment. 

PGR certifies that its projected 

revenues resulting from this transaction 

will not result in the creation of a Class 

I or Class II rail carrier, but states that 

its projected annual revenues will 

exceed $5 million following the 

transaction. Accordingly, PGR is 

required by Board regulations to send 

notice of the transaction to the national 

offices of the labor unions with 

employees on the affected lines, to post 

a copy of the notice at the workplace of 

the employees on the affected lines, and 

to certify to the Board that it has done 

so, at least 60 days before the exemption 

is to become effective. 49 CFR 

1150.42(e). PGR filed its certification on 

November 15, 2018. 

Concurrently with its verified notice, 

however, PGR filed a petition for partial 


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66336 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 

waiver of the 60-day advance labor 

notice requirement to permit the 

exemption to take effect on January 9, 

2019. PGR’s waiver request will be 

addressed in a separate decision. 

PGR states that it expects to 

consummate the transaction on or 

shortly after the effective date of this 

exemption. The Board will establish the 

effective date in its separate decision on 

the waiver request. 

If the 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 January 2, 2019. 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

36251, must be filed with the Surface 

Transportation Board, 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Bradon J. Smith, Fletcher 

& Sippel LLC, 29 North Wacker Drive, 

Suite 800, Chicago, IL 60606. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: December 19, 2018. 

By the Board, Allison C. Davis, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2018–28027 Filed 12–21–18; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 552 (Sub-No. 22)] 

Railroad Revenue Adequacy—2017 

Determination 

AGENCY: Surface Transportation Board. 

ACTION: Notice of decision. 

SUMMARY: On December 21, 2018, the 

Board served a decision announcing the 

2017 revenue adequacy determinations 

for the Nation’s Class I railroads. Four 

carriers (BNSF Railway Company, 

Norfolk Southern Combined Railroad 

Subsidiaries, Soo Line Corporation, and 

Union Pacific Railroad Company) were 

found to be revenue adequate. 

DATES: This decision is effective on 

December 21, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

is required to make an annual 

determination of railroad revenue 

adequacy. A railroad is considered 

revenue adequate under 49 U.S.C. 

10704(a) if it achieves a rate of return on 

net investment (ROI) equal to at least 

the current cost of capital for the 

railroad industry for 2017, determined 

to be 10.04% in Railroad Cost of 

Capital—2017, EP 558 (Sub-No. 21) 

(STB served Dec. 6, 2018). This revenue 

adequacy standard was applied to each 

Class I railroad. Four carriers (BNSF 

Railway Company, Norfolk Southern 

Combined Railroad Subsidiaries, Soo 

Line Corporation, and Union Pacific 

Railroad Company) were found to be 

revenue adequate for 2017. 

The decision in this proceeding is 

posted on the Board’s website at 

www.stb.gov. Copies of the decision may 

be purchased by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0238. 

Decided: December 17, 2018. 

By the Board, Board Members Begeman 

and Miller. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2018–27799 Filed 12–21–18; 8:45 am] 

BILLING CODE 4915–01–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Projects Approved for Consumptive 

Uses of Water 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice. 

SUMMARY: This notice lists the projects 

approved by rule by the Susquehanna 

River Basin Commission during the 

period set forth in DATES. 

DATES: October 1–31, 2018. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 North Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Oyler, General Counsel, 

telephone: (717) 238–0423, ext. 1312; 

fax: (717) 238–2436; email: joyler@

srbc.net. Regular mail inquiries may be 

sent to the above address. 

SUPPLEMENTARY INFORMATION: This 

notice lists the projects, described 

below, receiving approval for the 

consumptive use of water pursuant to 

the Commission’s approval by rule 

process set forth in 18 CFR 806.22(e) 

and § 806.22 (f) for the time period 

specified above: 

Approvals By Rule Issued Under 18 

CFR 806.22(f) 

1. Inflection Energy (PA), LLC; Pad ID: 

Hillegas Well Pad, ABR–201308017.R1; 

Upper Fairfield Township, Lycoming 

County, Pa.; Consumptive Use of Up to 

4.0000 mgd; Approval Date: October 11, 

2018. 

2. Inflection Energy (PA), LLC; Pad ID: 

Bennett Well Pad, ABR–201308015.R1; 

Eldred Township, Lycoming County, 

Pa.; Consumptive Use of Up to 4.0000 

mgd; Approval Date: October 19, 2018. 

3. Cabot Oil & Gas Corporation; Pad 

ID: PavelskiJ Pad 1, ABR–201810001; 

Gibson Township, Susquehanna 

County, Pa.; Consumptive Use of Up to 

5.0000 mgd; Approval Date: October 19, 

2018. 

4. Repsol Oil & Gas USA, LLC ; Pad 

ID: DCNR 594 (02 200), ABR– 

201810002; Liberty Township, Tioga 

County, Pa.; Consumptive Use of Up to 

6.0000 mgd; Approval Date: October 22, 

2018. 

5. Chief Oil & Gas LLC, Pad ID: 

HEMLOCK RIDGE ESTATES UNIT 

PAD; ABR–201810003; McNett 

Township, Lycoming County, Pa.; 

Consumptive Use of Up to 2.5000 mgd; 

Approval Date: October 24, 2018. 

6. ARD Operating, LLC; Pad ID: 

Lycoming H&FC Pad F; ABR– 

201309015.R1; Cogan House Township, 

Lycoming County, Pa.; Consumptive 

Use of Up to 4.0000 mgd; Approval 

Date: October 26, 2018. 

Authority: Pub. L. 91–575, 84 Stat. 1509 et 

seq., 18 CFR parts 806, 807, and 808. 

Dated: December 19, 2018. 

Jason E. Oyler, 

Acting Secretary of the Commission. 

[FR Doc. 2018–27928 Filed 12–21–18; 8:45 am] 

BILLING CODE 7040–01–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Projects Approved for Consumptive 

Uses of Water 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice. 

SUMMARY: This notice lists the projects 

approved by rule by the Susquehanna 

River Basin Commission during the 

period set forth in ‘‘DATES.’’ 

DATES: November 1–30, 2018. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 North Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Oyler, General Counsel, 

telephone: (717) 238–0423, ext. 1312; 

fax: (717) 238–2436; email: 


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