City and County of Denver-Acquisition Exemption-Western Stock Show Association in the City and County of Denver, CO, 59205-59206 [2017-26969]

Download as PDF Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential nonresponse bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results. The Agency did not receive any comments in response to the 60-day public comment notice published in the Federal Register on September 26, 2017, at 82 FR 44865. Below we provide the SBA’s projected average annual estimates for the next three years: Current Actions: New collection of information. Type of Review: New Collection. Affected Public: Individuals and Households, Businesses and Organizations, State, Local or Tribal Government. Average Expected Annual Number of Activities: 20 Estimated Annual Respondents: 7,500. Estimated Annual responses: 7,500. Frequency of Response: Once per request; on occasion. Average Minutes per Response: 38 minutes. Burden Hours: 2690. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. Curtis B. Rich, Management Analyst. [FR Doc. 2017–26981 Filed 12–13–17; 8:45 am] BILLING CODE 8025–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36157] sradovich on DSK3GMQ082PROD with NOTICES City and County of Denver— Acquisition Exemption—Western Stock Show Association in the City and County of Denver, CO The City and County of Denver, Colo. (the City), a political subdivision of the State of Colorado and a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Western Stock Show Association (WSSA) the real property underlying two lines of railroad for a total distance of approximately 1.2 miles in the VerDate Sep<11>2014 21:28 Dec 13, 2017 Jkt 244001 Denver Stockyards in the City (the Lines). The Lines consist of two corridors of rail line: (1) The National Western Drive Corridor (NWD Corridor), which is adjacent to National Western Drive, from the south right-of-way line of East 47th Avenue, extending northeast and then north to the northeastern right-of-way line of Race Court; and (2) the River Corridor, which is adjacent to the east bank of the South Platte River, from the intersection with the NWD Corridor at a point just north of that corridor’s southern endpoint, extending north and then northeast to an intersection with the NWD Corridor just south of Race Court. The City states that it will acquire no right or obligation to provide freight rail service over the Lines.1 According to the City, although WSSA owns the real property, the Lines are operated by the Denver Rock Island Railroad (DRIR), a Class III rail carrier, which owns the rail, ties, and ballast over which it conducts its service. The City states that DRIR will retain its common carrier rights to provide rail service over the Lines and ownership of the rails, ties, and track bed, and it will continue its operations on the Lines following the City’s acquisition of the real property from WSSA.2 According to the City, DRIR’s nonexclusive freight operating easement over the Lines will remain in effect, subject to any amendments necessary to address the City’s acquisition of the underlying real property and future improvements to and relocation of the Lines, on which the City states it will coordinate with DRIR.3 The City states that it will at no 1 A motion to dismiss the notice of exemption on grounds that the transaction does not require authorization from the Board was concurrently filed with this notice of exemption. The motion to dismiss will be addressed in a subsequent Board decision. 2 The City states that over time a number of railroads have operated on the Denver Stockyards. Due to acquisitions and consolidations, the City has not been able to confirm that all prior operators have either merged into DRIR or the two carriers for which the agency has authorized discontinuance of service. However, according to the City, for the past two decades DRIR has been the only freight rail operator on the Lines. The City states that it will pursue further proceedings as appropriate to resolve the status of any lingering previously granted common carrier interests. 3 The notice states that following the acquisition, the status quo would continue ‘‘with respect to freight rail operations . . . and any future alterations to the site [would] be designed to allow current operations to continue. Further Board approval would be required for DRIR to discontinue or abandon any freight service that DRIR currently offers on the line.’’ (Notice 6–7.) The concurrently filed motion to dismiss states that the ‘‘redevelopment includes the proposed consolidation of rail operations on a single corridor.’’ (Mot. 5.) This notice should not be construed as approving, or indicating whether Board approval would be required for, any PO 00000 Frm 00414 Fmt 4703 Sfmt 4703 59205 time have the right to interfere with DRIR’s ability to fulfill its common carrier freight obligation. The City explains that it is acquiring the property to implement a comprehensive redevelopment plan of the Denver Stockyards to: (a) Provide improved facilities for Denver’s annual National Western Stock Show and Rodeo; (b) develop, in conjunction with Colorado State University (CSU), an equine sport medicine facility and stock animal research complex; (c) create additional mixed-use facilities, and (d) establish a public park. In connection with the real property acquisition and development project, the City states that the City, WSSA, and CSU entered into a Framework Agreement. As part of the agreement, the parties entered into a Real Property Conveyance Agreement that will govern the transfers of real property including the real property associated with the Lines. The City certifies that, because it will not conduct any rail carrier operations on the Line, its projected revenues from freight operations will not result in the creation of a Class I or Class II carrier. The City states that it expects to consummate the proposed transaction in approximately the second quarter of 2018. The earliest this transaction may be consummated is December 28, 2017, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 December 21, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36157, 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 Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Ave. NW, Suite 800, Washington, DC 20036. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: December 11, 2017. consolidation of track associated with the redevelopment. E:\FR\FM\14DEN1.SGM 14DEN1 59206 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017–26969 Filed 12–13–17; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2017–0038] Surface Transportation Project Delivery Program; TxDOT Audit #4 Report Federal Highway Administration (FHWA), DOT. ACTION: Notice, request for comment. AGENCY: The Surface Transportation Project Delivery Program allows a State to assume FHWA’s environmental responsibilities for review, consultation, and compliance for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. Prior to the Fixing America’s Surface Transportation (FAST) Act of 2015, the Program required semiannual audits during each of the first 2 years of State participation to ensure compliance by each State participating in the Program. This notice announces and solicits comments on the fourth audit report for the Texas Department of Transportation’s (TxDOT) participation in accordance with these pre-FAST Act requirements. DATES: Comments must be received on or before January 16, 2018. ADDRESSES: Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590. You may also submit comments electronically at www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a selfaddressed, stamped postcard or you may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments in any one of our dockets by the name of sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:28 Dec 13, 2017 Jkt 244001 the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). The DOT posts these comments, without edits, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Dr. Owen Lindauer, Office of Project Development and Environmental Review, (202) 366–2655, owen.lindauer@dot.gov, or Mr. Jomar Maldonado, Office of the Chief Counsel, (202) 366–1373, jomar.maldonado@ dot.gov, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this notice may be downloaded from the specific docket page at www.regulations.gov. Background The Surface Transportation Project Delivery Program allows a State to assume FHWA’s environmental responsibilities for review, consultation, and compliance for Federal highway projects. This provision has been codified at 23 U.S.C. 327. Since December 16, 2014, TxDOT has assumed FHWA’s responsibilities under National Environmental Policy Act and the responsibilities for reviews under other Federal environmental requirements under this authority. Prior to December 4, 2015, 23 U.S.C. 327(g) required the Secretary to conduct semiannual audits during each of the first 2 years of State participation, annual audits during years 3 and 4, and monitoring each subsequent year of State participation to ensure compliance by each State participating in the program. The results of each audit were required to be presented in the form of an audit report and be made available for public comment. On December 4, 2015, the President signed into law the FAST Act, Pub. L. 114–94, 129 Stat. 1312 (2015). Section 1308 of the FAST Act amended the audit provisions by limiting the number of audits to one audit each year during the first 4 years of a State’s participation. This notice announces the availability of the report for the fourth audit for TxDOT conducted prior to the FAST Act and solicits public comment onit. PO 00000 Frm 00415 Fmt 4703 Sfmt 4703 Authority: Section 1313 of Public Law 112–141; Section 6005 of Public Law 109–59; Public Law 114–94; 23 U.S.C. 327; 49 CFR 1.85. Issued on: December 8, 2017. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration. DRAFT Surface Transportation Project Delivery Program FHWA Audit #4 of the Texas Department of Transportation June 16, 2016 to August 1, 2017 Executive Summary This report summarizes the results of FHWA’s fourth audit review (Audit #4) to assess the performance by the Texas Department of Transportation (TxDOT) regarding its assumption of responsibilities assigned by Federal Highway Administration (FHWA), under a memorandum of understanding (MOU) that took effect on December 16, 2014. TxDOT assumed FHWA’s National Environmental Policy Act (NEPA) responsibilities and other environmental review responsibilities related to Federal-aid highway projects in Texas. The status of FHWA’s observations from the third audit review (Audit #3), including any TxDOT selfimposed corrective actions, is detailed at the end of this report. The FHWA Audit #4 team (team) appreciates the cooperation and professionalism of TxDOT staff in conducting this review. The team was formed in October 2016 and met regularly to prepare for the audit. Prior to the on-site visit, the team: (1) performed reviews of project files in TxDOT’s Environmental Compliance Oversight System (ECOS), (2) examined TxDOT’s responses to FHWA’s information requests, and (3) developed interview questions. Interviews of TxDOT and resource agency staff occurred during the on-site portion of this audit, conducted on May 22–26, 2017. The TxDOT continues to develop, revise, and implement procedures and processes required to carry out the NEPA Assignment Program. Based on information provided by TxDOT and from interviews, TxDOT is committed to maintaining a successful program. This report describes two (2) categories of non-compliance observations and eight (8) observations that represent opportunities for TxDOT to improve its program. It also includes brief status updates of the Audit #3 conclusions. The TxDOT has continued to make progress toward meeting the responsibilities it has assumed in E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 59205-59206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26969]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36157]


City and County of Denver--Acquisition Exemption--Western Stock 
Show Association in the City and County of Denver, CO

    The City and County of Denver, Colo. (the City), a political 
subdivision of the State of Colorado and a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from the 
Western Stock Show Association (WSSA) the real property underlying two 
lines of railroad for a total distance of approximately 1.2 miles in 
the Denver Stockyards in the City (the Lines). The Lines consist of two 
corridors of rail line: (1) The National Western Drive Corridor (NWD 
Corridor), which is adjacent to National Western Drive, from the south 
right-of-way line of East 47th Avenue, extending northeast and then 
north to the northeastern right-of-way line of Race Court; and (2) the 
River Corridor, which is adjacent to the east bank of the South Platte 
River, from the intersection with the NWD Corridor at a point just 
north of that corridor's southern endpoint, extending north and then 
northeast to an intersection with the NWD Corridor just south of Race 
Court.
    The City states that it will acquire no right or obligation to 
provide freight rail service over the Lines.\1\ According to the City, 
although WSSA owns the real property, the Lines are operated by the 
Denver Rock Island Railroad (DRIR), a Class III rail carrier, which 
owns the rail, ties, and ballast over which it conducts its service. 
The City states that DRIR will retain its common carrier rights to 
provide rail service over the Lines and ownership of the rails, ties, 
and track bed, and it will continue its operations on the Lines 
following the City's acquisition of the real property from WSSA.\2\ 
According to the City, DRIR's nonexclusive freight operating easement 
over the Lines will remain in effect, subject to any amendments 
necessary to address the City's acquisition of the underlying real 
property and future improvements to and relocation of the Lines, on 
which the City states it will coordinate with DRIR.\3\ The City states 
that it will at no time have the right to interfere with DRIR's ability 
to fulfill its common carrier freight obligation.
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    \1\ A motion to dismiss the notice of exemption on grounds that 
the transaction does not require authorization from the Board was 
concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
    \2\ The City states that over time a number of railroads have 
operated on the Denver Stockyards. Due to acquisitions and 
consolidations, the City has not been able to confirm that all prior 
operators have either merged into DRIR or the two carriers for which 
the agency has authorized discontinuance of service. However, 
according to the City, for the past two decades DRIR has been the 
only freight rail operator on the Lines. The City states that it 
will pursue further proceedings as appropriate to resolve the status 
of any lingering previously granted common carrier interests.
    \3\ The notice states that following the acquisition, the status 
quo would continue ``with respect to freight rail operations . . . 
and any future alterations to the site [would] be designed to allow 
current operations to continue. Further Board approval would be 
required for DRIR to discontinue or abandon any freight service that 
DRIR currently offers on the line.'' (Notice 6-7.) The concurrently 
filed motion to dismiss states that the ``redevelopment includes the 
proposed consolidation of rail operations on a single corridor.'' 
(Mot. 5.) This notice should not be construed as approving, or 
indicating whether Board approval would be required for, any 
consolidation of track associated with the redevelopment.
---------------------------------------------------------------------------

    The City explains that it is acquiring the property to implement a 
comprehensive redevelopment plan of the Denver Stockyards to: (a) 
Provide improved facilities for Denver's annual National Western Stock 
Show and Rodeo; (b) develop, in conjunction with Colorado State 
University (CSU), an equine sport medicine facility and stock animal 
research complex; (c) create additional mixed-use facilities, and (d) 
establish a public park. In connection with the real property 
acquisition and development project, the City states that the City, 
WSSA, and CSU entered into a Framework Agreement. As part of the 
agreement, the parties entered into a Real Property Conveyance 
Agreement that will govern the transfers of real property including the 
real property associated with the Lines.
    The City certifies that, because it will not conduct any rail 
carrier operations on the Line, its projected revenues from freight 
operations will not result in the creation of a Class I or Class II 
carrier.
    The City states that it expects to consummate the proposed 
transaction in approximately the second quarter of 2018. The earliest 
this transaction may be consummated is December 28, 2017, the effective 
date of the exemption (30 days after the verified notice of exemption 
was filed).
    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 December 21, 2017 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36157, 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 Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Ave. NW, Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: December 11, 2017.


[[Page 59206]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-26969 Filed 12-13-17; 8:45 am]
BILLING CODE 4915-01-P