Lehigh Railway, LLC-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company, 67419-67420 [2016-23695]

Download as PDF Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices and state threatened or endangered species, and the potential impacts to these resources resulting from the proposed project. b. Propose mitigation measures to avoid, minimize, eliminate, or compensate for potential impacts to biological resources, as appropriate. 6. Water Resources The EIS will: a. Describe the existing surface water and groundwater resources within the project area, including lakes, rivers, streams, ponds, wetlands, and floodplains and analyze the potential impacts on these resources. b. Describe the permitting requirements with regard to wetlands, river crossings, water quality, floodplains, and erosion control. c. Propose mitigation measures to avoid, minimize, eliminate, or compensate for potential project impacts to water resources, as appropriate. d. Describe EPA’s CERCLA process as it relates to on and off-site water resources. mstockstill on DSK3G9T082PROD with NOTICES 7. Geology and Soils The EIS will: a. Describe the geology, soils, and seismic conditions found within the project area, including unique or problematic geologic formations or soils, prime farmland, and hydric soils, and analyze the potential impacts on these resources resulting from each alternative. b. Evaluate any potential measures to avoid or construct through unique or problematic geologic formations or soils. c. Propose mitigation measures to avoid, minimize or eliminate potential project impacts to geology and soils, as appropriate. d. Describe EPA’s CERCLA process as it relates to geology and soils. 8. Air Quality and Climate The EIS will: a. Evaluate the air emissions from the potential operation of the proposed project including potential greenhouse gas emissions, as appropriate. b. Evaluate the potential air quality impacts resulting from the proposed project construction activities. c. Evaluate the potential impacts of the proposed project on global climate change and the potential impacts of global climate change on the proposed project. d. Propose mitigation measures to avoid, minimize or eliminate potential project impacts, as appropriate. 9. Noise and Vibration The EIS will: VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 a. Describe the potential noise and vibration impacts during the proposed project construction. b. Describe the potential noise and vibration impacts of the proposed project operation. c. Propose mitigation measures to avoid, minimize or eliminate potential project impacts to sensitive noise receptors, as appropriate. 10. Energy Resources The EIS will: a. Describe and evaluate the potential impact of the proposed project on the distribution of energy resources in the project area. b. Propose mitigation measures to avoid, minimize or eliminate potential project impacts to energy resources, as appropriate. 11. Socioeconomics The EIS will: a. Analyze the effects of the potential temporary influx of construction workers and creation of permanent rail facilities jobs to the project area. b. Propose mitigation measures to avoid, minimize or eliminate potential project-related adverse impacts to social and economic resources, as appropriate. 12. Cultural and Historic Resources The EIS will: a. Identify historic buildings, structures, sites, objects, or districts eligible for listing on or listed on the National Register of Historic Places (historic properties) within the area of potential effects for each alternative. The cultural resources identified will be categorized into three major groups: Tribal resources, archaeological resources, and built resources. b. Consult with federally recognized Native American tribes to identify properties with religious and cultural significance to the tribes within the area of potential effects for each alternative (tribal resources), and analyze potential project impacts to them. c. Identify prehistoric-era and historic-era archaeological resources by using professionals who meet the Secretary of the Interior Professional Qualifications Standards (SOIPQS) in the discipline of archaeology, and analyze potential project impacts to them. d. Identify built resources by using professionals who meet the SOIPQS in the disciplines of history or architectural history, and analyze potential project impacts to them. e. Propose measures to avoid, minimize, or mitigate potentially adverse project impacts to tribal resources, built resources, and PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 67419 archaeological resources that are historic properties, as appropriate. 13. Aesthetics The EIS will: a. Describe the potential impacts of the proposed project on any areas identified or determined to be of high visual quality. b. Propose mitigation measures to avoid, minimize or eliminate potential project impacts on aesthetics, as appropriate. 14. Environmental Justice The EIS will: a. Evaluate the potential impacts resulting from the proposed project on local and regional minority and lowincome populations. b. Propose mitigation measures to avoid, minimize or eliminate potential project impacts on environmental justice populations, as appropriate. Decided: September 27, 2016. By the Board, Victoria Rutson, Director, Office of Environmental Analysis Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016–23692 Filed 9–29–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36062] Lehigh Railway, LLC—Lease Exemption Containing Interchange Commitment—Norfolk Southern Railway Company Lehigh Railway, LLC (LRWY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease from Norfolk Southern Railway Company (NSR), and to operate, approximately 56.0 miles of rail line between milepost IS 269.5 at Athens, Pa., and milepost IS 213.5 at Mehoopany, Pa., in Bradford and Wyoming Counties, Pa., including any sidings, sidetracks, yards, or facilities presently owned by NSR that are accessed via the line. LRWY states that LRWY and NSR have entered into an amended lease agreement 1 (Amended Lease) which served to renew the original lease agreement (Original Lease) that the parties had previously entered into on 1 LRWY filed a confidential, complete version of the Amended Lease with its notice of exemption to be kept confidential by the Board under 49 CFR 1104.14(a) without need for the filing of an accompanying motion for protective order under 49 CFR 1104.14(b). E:\FR\FM\30SEN1.SGM 30SEN1 67420 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices October 28, 2008.2 According to LRWY, the Amended Lease extends the term of the Original Lease to December 31, 2023, and includes other changes. As required under 49 CFR 1150.43(h)(1), LRWY has disclosed in its verified notice that the Amended Lease contains an interchange commitment in the form of lease credits. LRWY states that these credits were part of the Original Lease and the terms of the credits in the Amended Lease remain unchanged. LRWY has provided additional information regarding the interchange commitment, as required by 49 CFR 1150.43(h). LRWY notes that it will continue to be the operator of the line. LRWY certifies that the projected annual revenues as a result of the proposed transaction will not result in LRWY’s becoming a Class II or Class I rail carrier and will not exceed $5 million. The transaction may be consummated on or after October 15, 2016, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 to stay must be filed by October 7, 2016 (at least seven days prior to the date the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36062, 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 applicant’s representative, Kevin M. Sheys, Nossaman LLP, 1666 K Street NW., Suite 500, Washington, DC 20006. According to LRWY, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.GOV. mstockstill on DSK3G9T082PROD with NOTICES Decided: September 27, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–23695 Filed 9–29–16; 8:45 am] BILLING CODE 4915–01–P 2 LRWY was granted authority to lease and operate the rail line in Lehigh Railway, LLC—Lease & Operation Exemption—Norfolk Southern Railway, FD 35192 (STB served Nov. 14, 2008). VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327. AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, located on Interstate 80 between post miles 1.9 to 6.1 and on State Route 65 between post miles R4.8 to R7.3 in the County of Placer, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before February 27, 2017. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: Adele Pommerenck, Senior Environmental Planner, California Department of Transportation—District 3, 703 B Street, Marysville, California, 95901, during normal business hours from 8:00 a.m. to 5:00 p.m., telephone (530) 741–4215 or email adele.pommerenck@dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway Administration (FHWA) assigned, and the California Department of Transportation (Caltrans) assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans, has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: improve the Interstate 80/ State Route 65 (I–80/SR 65) interchange in Placer County, California, to reduce future traffic congestion, improve operations and safety, and comply with current Caltrans and local agency design standards. The project limits consist of I–80 from the Douglas Boulevard interchange to the Rocklin Road interchange (post miles 1.9–6.1) and SR SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 65 from the I–80 separation to the Pleasant Grove Boulevard interchange (post miles R4.8–R7.3) in the cities of Roseville and Rocklin. The total length of the project is 2.5 miles along SR 65 and 4.2 miles along I–80. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (FEA) for the project, approved on 9/8/16, in the FHWA Finding of No Significant Impact (FONSI) issued on 9/8/16, and in other documents in the FHWA project records. The FEA, FONSI and other project records are available by contacting Caltrans at the addresses provided above. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. Council on Environmental Quality Regulations 2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq. 3. Federal-Aid Highway Act of 1970, 23 U.S.C 109 4. MAP–21, the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112–141) 5. Clean Air Act Amendments of 1990 (CAAA) 6. Clean Water Act of 1977 and 1987 7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 1977 & 1987) 8. Federal Land Policy and Management Act of 1976 (Paleontological Resources) 9. Noise Control Act of 1972 10. Safe Drinking Water Act of 1944, as amended 11. Endangered Species Act of 1973 12. Executive Order 11990, Protection of Wetlands 13. Executive Order 13112, Invasive Species 14. Executive Order 13186, Migratory Birds 15. Fish and Wildlife Coordination Act of 1934, as amended 16. Migratory Bird Treaty Act 17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 1006– 1007 18. Wildflowers, Surface Transportation and Uniform Relocation Act of 1987 Section 130 19. Coastal Zone Management Act of 1972 20. Coastal Zone Management Act Reauthorization Amendments Of 1990 21. Executive Order 11988, Floodplain Management 22. Department of Transportation (DOT) Executive Order 5650.2— E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67419-67420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23695]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36062]


Lehigh Railway, LLC--Lease Exemption Containing Interchange 
Commitment--Norfolk Southern Railway Company

    Lehigh Railway, LLC (LRWY), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to continue to lease 
from Norfolk Southern Railway Company (NSR), and to operate, 
approximately 56.0 miles of rail line between milepost IS 269.5 at 
Athens, Pa., and milepost IS 213.5 at Mehoopany, Pa., in Bradford and 
Wyoming Counties, Pa., including any sidings, sidetracks, yards, or 
facilities presently owned by NSR that are accessed via the line.
    LRWY states that LRWY and NSR have entered into an amended lease 
agreement \1\ (Amended Lease) which served to renew the original lease 
agreement (Original Lease) that the parties had previously entered into 
on

[[Page 67420]]

October 28, 2008.\2\ According to LRWY, the Amended Lease extends the 
term of the Original Lease to December 31, 2023, and includes other 
changes. As required under 49 CFR 1150.43(h)(1), LRWY has disclosed in 
its verified notice that the Amended Lease contains an interchange 
commitment in the form of lease credits. LRWY states that these credits 
were part of the Original Lease and the terms of the credits in the 
Amended Lease remain unchanged. LRWY has provided additional 
information regarding the interchange commitment, as required by 49 CFR 
1150.43(h). LRWY notes that it will continue to be the operator of the 
line.
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    \1\ LRWY filed a confidential, complete version of the Amended 
Lease with its notice of exemption to be kept confidential by the 
Board under 49 CFR 1104.14(a) without need for the filing of an 
accompanying motion for protective order under 49 CFR 1104.14(b).
    \2\ LRWY was granted authority to lease and operate the rail 
line in Lehigh Railway, LLC--Lease & Operation Exemption--Norfolk 
Southern Railway, FD 35192 (STB served Nov. 14, 2008).
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    LRWY certifies that the projected annual revenues as a result of 
the proposed transaction will not result in LRWY's becoming a Class II 
or Class I rail carrier and will not exceed $5 million.
    The transaction may be consummated on or after October 15, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). 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 to stay must be filed by 
October 7, 2016 (at least seven days prior to the date the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36062, 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 applicant's representative, Kevin M. Sheys, 
Nossaman LLP, 1666 K Street NW., Suite 500, Washington, DC 20006.
    According to LRWY, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: September 27, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-23695 Filed 9-29-16; 8:45 am]
 BILLING CODE 4915-01-P