Cedar Rapids and Iowa City Railway Company-Change in Operator Exemption-Iowa Interstate Railroad, Ltd., 69897-69898 [2016-24322]

Download as PDF Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices traffic has operated; and, therefore, none needs to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 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, this exemption will be effective on November 10, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 17, 2016. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 27, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423– 0001.3 A copy of any petition filed with the Board should be sent to DM&E’s representative: W. Karl Hansen, Stinson Leonard Street LLP, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402. If the verified notice contains false or misleading information, the exemption is void ab initio. DM&E has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 14, 2016. 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 DM&E’s filing of a notice of consummation by October 7, 2017, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ‘‘WWW.STB.GOV.’’ Decided: October 4, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Rena Laws-Byrum, Clearance Clerk. [FR Doc. 2016–24330 Filed 10–6–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36057] mstockstill on DSK3G9T082PROD with NOTICES 1 The 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. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 3 DM&E states that the Line may be suitable for other public purposes or trail use, and is not aware of any restriction on title to the property, including any reversionary interest which would affect the transfer of title or the use of the property for nonrail purposes. VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 Cedar Rapids and Iowa City Railway Company—Change in Operator Exemption—Iowa Interstate Railroad, Ltd. Cedar Rapids and Iowa City Railway Company (CRANDIC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to assume operations over a line of railroad known as the Hills Line extending from milepost 25.0 near Burlington Street in Iowa City, Iowa, to the end of the track at milepost 33.4 in Hills, Iowa, a distance of approximately 8.4 miles. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 69897 CRANDIC states that it owns the Hills Line, which is currently leased to and operated by Iowa Interstate Railroad, Ltd. (IAIS).1 CRANDIC notes that CRANDIC and IAIS have agreed that the lease of the Hills Line by IAIS will terminate on October 26, 2016, under the terms of the governing lease agreement and that, as of that date, IAIS will relinquish to CRANDIC (and CRANDIC alone will assume) the legal obligation to provide common carrier rail service over the Hills Line. CRANDIC states that the proposed change in operator does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. CRANDIC certifies that its projected annual revenues as a result of this transaction will not result in CRANDIC’s becoming a Class II or Class I rail carrier. However, because its projected annual revenues exceed $5 million, CRANDIC certifies that, pursuant to 49 CFR 1150.42(e), it provided notice on August 18, 2016, to employees on the Hills Line and on the national offices of the labor unions for those employees’ unions. Additionally, under 49 CFR 1150.42(b), a change in operator requires that notice be given to shippers. CRANDIC certifies that it has provided notice of the proposed change in operator to shippers on the Hills Line. The earliest this transaction can be consummated is October 23, 2016, the effective date of the exemption. 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 for stay must be filed no later than October 14, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36057, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: October 4, 2016. 1 See Iowa Interstate R.R.—Lease Exemption— Line of Cedar Rapids & Iowa City Ry., FD 35562 (STB served Jan. 25, 2012). E:\FR\FM\07OCN1.SGM 07OCN1 69898 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES By the Board, Rachel D. Campbell, Director, Office of Proceedings. design, existing and future traffic demand, and high crash rates along approximately 3.5 miles of I–94. The Tammy Lowery, project includes reconstructing and Clearance Clerk. adding a through lane along I–94 in [FR Doc. 2016–24322 Filed 10–6–16; 8:45 am] each direction along its existing BILLING CODE 4915–01–P alignment; reconstructing the 68th/70th Street interchange; reconstructing the Hawley Road interchange as a partial DEPARTMENT OF TRANSPORTATION interchange; closure of the Mitchell Boulevard interchange; reconfiguring Federal Highway Administration the system interchange at I–94/WIS 175/ Notice of Final Federal Agency Actions Miller Park Way (Stadium Interchange) as a hybrid between a service on Proposed Highway Project in interchange and a system interchange Wisconsin (including a local road connection to AGENCY: Federal Highway Mitchell Boulevard and modifying the Administration (FHWA), DOT. WIS 175 interchange ramps at Wisconsin Avenue); reconstructing the ACTION: Notice of limitation on claims for judicial review of actions by FHWA. 35th Street and 27th Street interchanges; and local roadway improvements to SUMMARY: This notice announces actions offset impacts to local traffic from taken by FHWA that are final within the interchange modifications. meaning of 23 U.S.C. 139(l)(1). The The actions taken by FHWA on this actions relate to a proposed highway project, and laws under which such project, Interstate 94 (I–94) East-West actions were taken, are described in the Corridor, 70th Street to 16th Street, in Final Environmental Impact Statement Milwaukee County, Wisconsin. Those (FEIS), approved on January 29, 2016, in actions grant approvals for the project. the Record of Decision (ROD) issued on DATES: By this notice, FHWA is advising September 9, 2016, and in other documents in the FHWA or WisDOT the public of final agency actions project records. The FEIS, ROD, and subject to 23 U.S.C. 139(l)(1). A claim other project records are available by seeking judicial review of the Federal contacting FHWA or WisDOT at the agency actions on the highway project addresses provided above. The FEIS and will be barred unless the claim is filed ROD can also be viewed on the project on or before March 6, 2017. If the Web site: http://wisconsindot.gov/ Federal law that authorizes judicial review of a claim provides a time period Pages/projects/by-region/se/ 94stadiumint/default.aspx. of less than 150 days for filing such This notice applies to all Federal claim, then that shorter time period still agency decisions as of the issuance date applies. of this notice and all laws under which FOR FURTHER INFORMATION CONTACT: Michael Davies, Division Administrator, such actions were taken, including but not limited to: FHWA Wisconsin Division Office, 525 1. General: National Environmental Junction Road Suite 8000, Madison, Policy Act (NEPA) [42 U.S.C. 4321– Wisconsin 53717; telephone: (608) 829– 4351]; Federal-Aid Highway Act 7500; email: Wisconsin.FHWA@dot.gov. (FAHA) [23 U.S.C. 109, 23 U.S.C. 128, The FHWA Wisconsin Division’s and 23 U.S.C 139]. normal office hours are 7 a.m. to 4 p.m. 2. Air: Clean Air Act [42 U.S.C. 7401– central time. For the Wisconsin 7671(q)]. Department of Transportation 3. Land: Section 4(f) of the (WisDOT): Jason Lynch, PE, Wisconsin Department of Transportation Act of Department of Transportation, 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. Southeast Region, 141 NW Barstow 4. Wildlife: Endangered Species Act of Street, Waukesha, Wisconsin 53187; 1973 [16 U.S.C. 1531–1544 and Section telephone: (414) 750–1803; email: 1536]; Fish and Wildlife Coordination jason.lynch@dot.wi.gov. Act [16 U.S.C. 661–667(d)]; Migratory SUPPLEMENTARY INFORMATION: Notice is Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: hereby given that FHWA has taken final Section 106 of the National Historic agency actions subject to 23 U.S.C. Preservation Act of 1966, as amended 139(l)(1) by issuing approval for the following highway project: Interstate 94 [16 U.S.C. 470(f) et seq.]; Archeological (I–94) East-West Corridor, 70th Street to Resources Protection Act of 1977 [16 U.S.C. 470(aa)–470(ll)]; Archeological 16th Street, in Milwaukee County, and Historic Preservation Act [16 U.S.C. Wisconsin, Wisconsin DOT Project I.D. 1060–27–00. The purpose of the project 469–469(c)]; Native American Grave Protection and Repatriation Act [25 is to address the deteriorated condition U.S.C. 3001 et seq.]. of I–94, obsolete roadway and bridge VerDate Sep<11>2014 17:36 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d) et. seq.]; Americans with Disabilities Act [42 U.S.C. 12101]; Uniform Relocation Assistance and Real Property Acquisition Act of 1970 [42 U.S.C. 4601 et seq. as amended by the Uniform Relocation Act Amendments of 1987 [Pub. L. 100–17]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99–499]; Resource Conservation and Recovery Act [42 U.S.C. 6901 et. seq.]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management as amended by E.O. 12148 and E.O. 13690; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; 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: September 23, 2016. Michael Davies, Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin. [FR Doc. 2016–23785 Filed 10–6–16; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2016 0095] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel Southern Cross; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized SUMMARY: E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69897-69898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24322]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36057]


Cedar Rapids and Iowa City Railway Company--Change in Operator 
Exemption--Iowa Interstate Railroad, Ltd.

    Cedar Rapids and Iowa City Railway Company (CRANDIC), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to assume operations over a line of railroad known as the Hills 
Line extending from milepost 25.0 near Burlington Street in Iowa City, 
Iowa, to the end of the track at milepost 33.4 in Hills, Iowa, a 
distance of approximately 8.4 miles. CRANDIC states that it owns the 
Hills Line, which is currently leased to and operated by Iowa 
Interstate Railroad, Ltd. (IAIS).\1\
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    \1\ See Iowa Interstate R.R.--Lease Exemption--Line of Cedar 
Rapids & Iowa City Ry., FD 35562 (STB served Jan. 25, 2012).
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    CRANDIC notes that CRANDIC and IAIS have agreed that the lease of 
the Hills Line by IAIS will terminate on October 26, 2016, under the 
terms of the governing lease agreement and that, as of that date, IAIS 
will relinquish to CRANDIC (and CRANDIC alone will assume) the legal 
obligation to provide common carrier rail service over the Hills Line.
    CRANDIC states that the proposed change in operator does not 
involve any provision or agreement that would limit future interchange 
with a third-party connecting carrier. CRANDIC certifies that its 
projected annual revenues as a result of this transaction will not 
result in CRANDIC's becoming a Class II or Class I rail carrier. 
However, because its projected annual revenues exceed $5 million, 
CRANDIC certifies that, pursuant to 49 CFR 1150.42(e), it provided 
notice on August 18, 2016, to employees on the Hills Line and on the 
national offices of the labor unions for those employees' unions. 
Additionally, under 49 CFR 1150.42(b), a change in operator requires 
that notice be given to shippers. CRANDIC certifies that it has 
provided notice of the proposed change in operator to shippers on the 
Hills Line.
    The earliest this transaction can be consummated is October 23, 
2016, the effective date of the exemption.
    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 for stay must be filed no later than October 14, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36057, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: October 4, 2016.


[[Page 69898]]


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

Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-24322 Filed 10-6-16; 8:45 am]
 BILLING CODE 4915-01-P