Blackwell Northern Gateway Railroad Company-Lease Renewal Exemption-Oklahoma Department of Transportation and Blackwell Industrial Authority, 70349-70350 [2010-28975]

Download as PDF Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices divided highway with a depressed grass median from Church Road west to Big Federal Highway Administration Lake Road. Existing frontage roads would be improved, and the existing 10Notice of Final Federal Agency Actions foot wide pedestrian pathway would be on Proposed Highways in Alaska reconstructed and/or relocated as necessary. The project also includes AGENCY: Federal Highway construction of two bridges, drainage Administration (FHWA), DOT. improvements, and continuous ACTION: Notice of Limitation on Claims illumination. for Judicial Review of Actions by The actions by the Federal agency on FHWA. the project, and the laws under which SUMMARY: This notice announces actions such actions were taken, are described taken by the FHWA that are final within in the Environmental Assessment (EA) the meaning of 23 U.S.C. 139(l)(1). The and Finding of No Significant Impact action relates to a proposed highway (FONSI) issued for the project, approved project on the Parks Highway from on September 12, 2010 and in other Lucus Road to Big Lake Road, in the documents in the FHWA project files or Matanuska-Susitna Borough, State of the State of Alaska Department of Alaska. Those actions grant approval for Transportation & Public Facilities. The the project. EA, FONSI, and other documents from DATES: By this notice, the FHWA is the FHWA project records files are advising the public of final agency available by contacting the FHWA or the actions subject to 23 U.S.C. 139(l)(1). A State of Alaska Department of claim seeking judicial review of the Transportation & Public Facilities at the Federal agency actions on the listed addresses provided above. The EA and highway project will be barred unless FONSI documents can be viewed and the claim is filed on or before May 16, downloaded from the project Web site at 2011. If the Federal law that authorizes https://www.parkshighway44-52.info/ or judicial review of a claim provides a viewed at 4111 Aviation Avenue, time period of less than 180 days for Anchorage, Alaska 99519. filing such claim, then that shorter time This notice applies to all FHWA period still applies. decisions and approvals on the project FOR FURTHER INFORMATION CONTACT: Mr. as of the issuance date of this notice and Alex Viteri, Central Region Area all laws and Executive Orders under Engineer, FHWA Alaska Division, P.O. which such actions were taken, Box 21648, Juneau, Alaska 99802–1648; including but not limited to: office hours 8 a.m. to 4:30 p.m. (AST), 1. General: National Environmental phone (907) 586–7544; e-mail Policy Act (NEPA) [42 U.S.C. 4321– Alex.Viteri@dot.gov. You may also 4351]; Federal-Aid Highway Act [23 contact Brian Elliott, DOT&PF Central U.S.C. 109 and 23 U.S.C. 128]. Region, Regional Environmental 2. Air: Clean Air Act, [42 U.S.C. 7401– Manager, Alaska Department of 7671(q)]. Transportation and Public Facilities, 3. Land: Section 4(f) of the 4111 Aviation Drive, P.O. Box 196900, Department of Transportation Act of Anchorage, Alaska 99519–6900; office 1966 [49 U.S.C. 303]; Landscaping and hours 7:30 a.m. to 4 p.m. (AST), phone Scenic Enhancement (Wildflowers) [23 (907) 269–0539, e-mail U.S.C. 319]. brian.elliott@alaska.gov. 4. Wildlife: Endangered Species Act of 1973 [16 U.S.C. 1531–1544 and Section SUPPLEMENTARY INFORMATION: Notice is 1536]; Anadromous Fish Conservation hereby given that the FHWA has taken final agency actions subject to 23 U.S.C. Act [16 U.S.C. 757(a)–757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 139(I)(1) by issuing approvals for the 661–667(d)], Migratory Bird Treaty Act following highway project in the State [16 U.S.C. 703–712]; Magnusonof Alaska: Project No. IM–0A4–1(23)/ Stevenson Fishery Conservation and 57178; Project Location: Project begins Management Act 1976 as amended [16 within the City of Wasilla, extends through Meadow Lakes and ends within U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: the City of Houston, Matanuska-Susitna Section 106 of the National Historic Borough, Alaska. Project type: Road improvements between Lucus Road and Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Big Lake Road, a distance of approximately eight miles. The five-lane Resources Protection Act of 1977 [16 U.S.C. 470(aa)–470(II)]; Archeological section east of the project would be and Historic Preservation Act [16 U.S.C. extended one mile west from Lucus 469–469(c)]. Road to Church Road and the existing 6. Social and Economic: Civil Rights two-lane section west of Church Road Act of 1964 [42 U.S.C. 2000(d)– would be upgraded to a four-lane mstockstill on DSKH9S0YB1PROD with NOTICES DEPARTMENT OF TRANSPORTATION VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 70349 2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319 [33 U.S.C. 1251–1377]; Coastal Zone Management Act [16 U.S.C. 1451–1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001– 4128]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 13186 Migratory Birds; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1) Issued on: November 2, 2010. David C. Miller, Division Administrator, Juneau, Alaska. [FR Doc. 2010–28942 Filed 11–16–10; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35441] Blackwell Northern Gateway Railroad Company–Lease Renewal Exemption– Oklahoma Department of Transportation and Blackwell Industrial Authority Blackwell Northern Gateway Railroad Company (BNGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to renew and supplement its lease of approximately 37.26 miles of rail line, owned by the Oklahoma Department of Transportation (ODOT) and Blackwell Industrial Authority (BIA), referred to as the Blackwell Line. The Blackwell Line extends from approximately milepost 0.09 at Wellington, Kan., to approximately milepost 35.35 at Blackwell, Okla., and from approximately milepost 127.0 to approximately milepost 125.0, in Blackwell, a total distance of E:\FR\FM\17NON1.SGM 17NON1 70350 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices approximately 37.26 miles.1 ODOT owns the portions of the Blackwell Line extending from milepost 18.32, near Hunnewell, Kan., on the Oklahoma/ Kansas border, to milepost 35.35 at Blackwell, and from milepost 127.0 to milepost 126.45 in Blackwell. BIA owns the portions of the Blackwell Line extending from milepost 0.09 at Wellington, to milepost 18.32 at the Kansas/Oklahoma border, and from milepost 126.45 to milepost 125.0 in Blackwell. BNGR currently operates the Blackwell Lines pursuant to a lease agreement with ODOT and BIA. BNGR, ODOT, and BIA have agreed to execute a First Renewal Track Lease and Operating Agreement that will extend the terms of the lease for 5 years, through November 30, 2015, and will also include other changes beyond the extension of the lease term. BNGR certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I carrier and will not exceed $5 million. The transaction is scheduled to be consummated on December 1, 2010, the effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to reopen the proceeding 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 transaction. An original and 10 copies of all pleadings, referring to Docket No. FD 35441, 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, Thomas J. Litwiler, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: November 10, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–28975 Filed 11–16–10; 8:45 am] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG–2010–0993] Liberty Natural Gas LLC, Liberty Liquefied Natural Gas (LNG) Deepwater Port License Application Maritime Administration, DOT. Notice of Application. AGENCY: ACTION: The Maritime Administration and the U.S. Coast Guard announce they have received an application for the licensing of a natural gas deepwater port and the application contains the required information. This notice summarizes the applicant’s plans and procedures that will be followed in considering the application. DATES: The Deepwater Port Act of 1974, as amended, requires a public hearing on this application within 240 days of the publication of this notice, and a decision on the application not later than 90 days after the final public hearing. SUMMARY: The public docket for USCG–2010–0993 is maintained by the: Department of Transportation, Docket Management Facility, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. The Federal Docket Management Facility accepts hand-delivered submissions, and makes docket contents available for public inspection and copying at this address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Facility telephone number is 202–366–9329, the fax number is 202–493–2251, and the Web site for electronic submissions or for electronic access to docket contents is https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Ray Martin, U.S. Coast Guard, telephone: 202–372–1449, e-mail: Raymond.W.Martin@uscg.mil or Ms. Yvette Fields, Maritime Administration, telephone: 202–366–0926, e-mail: Yvette.Fields@dot.gov. If you have questions on viewing the Docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone: 202–493– 0402. SUPPLEMENTARY INFORMATION: ADDRESSES: Receipt of Application 1 BNGR states that the mileposts are slightly corrected from the earlier proceedings involving this line. See Blackwell N. Gateway R.R.—Change in Operators Exemption—Okla. Dep’t of Transp. and Blackwell Indus. Auth., FD 34777 (STB served Nov. 30, 2005) and State of Okla. by and through the Okla. Dep’t of Transp. and Blackwell Indus. Auth.—Acquis. Exemption—Cent. Kan. Ry., FD 33492 (STB served Oct. 31, 1997). VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 On September 28, 2010, the Maritime Administration and U.S. Coast Guard received an application from Liberty Natural Gas LLC for all Federal authorizations required for a license to own, construct, and operate a deepwater port authorized under the Deepwater PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 Port Act of 1974, as amended, 33 U.S.C. 1501 et seq. (the Act). On November 1, 2010, we determined the application contained all information required by the Act to initiate processing. Background According to the Act, a deepwater port is a fixed or floating manmade structure other than a vessel, or a group of structures, located beyond state seaward boundaries and used or intended for use as a port or terminal for the transportation, storage, and further handling of oil or natural gas for transportation to any state. The Maritime Administrator possesses the authority to license a deepwater port (by delegation from the Secretary of Transportation, published on June 18, 2003 (68 FR 36496)). Statutory and regulatory requirements for licensing appear in 33 U.S.C. 1501 et seq. and in 33 CFR Part 148. Under delegations from, and agreements between, the Secretary of Transportation and the Secretary of Homeland Security, applications are jointly processed by the Maritime Administration and U.S. Coast Guard. Each application is considered on its own merits. The Act imposes a strict timeline for processing an application. Once we determine that an application contains the required information, we must hold public hearings on the application within 240 days, and the Maritime Administrator must render a decision on the application within 330 days. We will publish additional Federal Register notices to inform you of these public hearings and other procedural milestones, including the environmental review. The Maritime Administrator’s decision, and other key documents, will be filed in the public docket. At least one public hearing must take place in each adjacent coastal state. Pursuant to the criteria provided in the Act, New Jersey and New York are adjacent coastal states for this application. Other states may apply for adjacent coastal state status in accordance with 33 U.S.C. 1508(a)(2). Summary of the Application Liberty Natural Gas, LLC, proposes to own, construct, and operate a natural gas deepwater port, known as Liberty Deepwater Port. It would be located approximately 16 miles off the coast of New Jersey to the east of Asbury Park in a water depth of approximately 100 to 120 feet. It will connect via offshore pipeline to a 9.2 mile onshore pipeline that will traverse through Perth Amboy, Woodbridge and Carteret in Middlesex County, New Jersey and terminate in Linden, Union County, New Jersey. E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70349-70350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28975]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35441]


Blackwell Northern Gateway Railroad Company-Lease Renewal 
Exemption-Oklahoma Department of Transportation and Blackwell 
Industrial Authority

    Blackwell Northern Gateway Railroad Company (BNGR), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to renew and supplement its lease of approximately 37.26 miles 
of rail line, owned by the Oklahoma Department of Transportation (ODOT) 
and Blackwell Industrial Authority (BIA), referred to as the Blackwell 
Line. The Blackwell Line extends from approximately milepost 0.09 at 
Wellington, Kan., to approximately milepost 35.35 at Blackwell, Okla., 
and from approximately milepost 127.0 to approximately milepost 125.0, 
in Blackwell, a total distance of

[[Page 70350]]

approximately 37.26 miles.\1\ ODOT owns the portions of the Blackwell 
Line extending from milepost 18.32, near Hunnewell, Kan., on the 
Oklahoma/Kansas border, to milepost 35.35 at Blackwell, and from 
milepost 127.0 to milepost 126.45 in Blackwell. BIA owns the portions 
of the Blackwell Line extending from milepost 0.09 at Wellington, to 
milepost 18.32 at the Kansas/Oklahoma border, and from milepost 126.45 
to milepost 125.0 in Blackwell.
---------------------------------------------------------------------------

    \1\ BNGR states that the mileposts are slightly corrected from 
the earlier proceedings involving this line. See Blackwell N. 
Gateway R.R.--Change in Operators Exemption--Okla. Dep't of Transp. 
and Blackwell Indus. Auth., FD 34777 (STB served Nov. 30, 2005) and 
State of Okla. by and through the Okla. Dep't of Transp. and 
Blackwell Indus. Auth.--Acquis. Exemption--Cent. Kan. Ry., FD 33492 
(STB served Oct. 31, 1997).
---------------------------------------------------------------------------

    BNGR currently operates the Blackwell Lines pursuant to a lease 
agreement with ODOT and BIA. BNGR, ODOT, and BIA have agreed to execute 
a First Renewal Track Lease and Operating Agreement that will extend 
the terms of the lease for 5 years, through November 30, 2015, and will 
also include other changes beyond the extension of the lease term.
    BNGR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
carrier and will not exceed $5 million.
    The transaction is scheduled to be consummated on December 1, 2010, 
the effective date of the exemption (30 days after the exemption was 
filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 
transaction.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35441, 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, Thomas J. Litwiler, 29 North Wacker Drive, 
Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``https://www.stb.dot.gov.''

    Decided: November 10, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-28975 Filed 11-16-10; 8:45 am]
BILLING CODE 4915-01-P
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