Rock & Rail, LLC-Acquisition and Operation Exemption-Rail Lines of Martin Marietta Materials, Inc., 45175-45176 [2018-19200]

Download as PDF Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEArca–2018–62, and should be submitted on or before September 26, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.31 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–19146 Filed 9–4–18; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1268X] daltland on DSKBBV9HB2PROD with NOTICES Chicago Terminal Railroad— Abandonment Exemption—in Chicago, Illinois Chicago Terminal Railroad (CTM) filed a verified notice of exemption under 49 CFR 1152 subpart F—Exempt Abandonments to abandon a less than 0.1-mile portion of the ‘‘Bloomingdale’’ line in Chicago, Ill., between N. Elston Avenue and Union Pacific North Avenue Yard (the Line). The Line traverses United States Postal Service Zip Code 60642. CTM has certified that: (1) No local freight traffic has moved over the Line for at least two years; (2) there is no overhead traffic on the Line; (3) no formal complaint filed by a user of rail service on the line (or a state or local government acting on behalf of any such user) regarding cessation of service over the line either is pending before the Surface Transportation Board or any U.S. District Court or has been decided in favor of the complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 31 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 (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,1 this exemption will be effective on October 5, 2018, 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 trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 17, 2018. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 25, 2018,4 with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CTM’s representative: John D. Heffner, Clark Hill Strasburger, 1025 Connecticut Ave. NW, Suite 717, Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. 1 The 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). 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Update, EP 542 (Sub-No. 25), slip op. App. B at 13 (STB served August 8, 2018). 4 CTM states that it operated the Line pursuant to an operating easement granted to CTM by Soo Line Railroad Company (Soo) and that Soo continues to the own the real estate underlying the Line. Thus, CTM states that the right of way currently used by the Line potentially could be appropriate for other public purposes. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 45175 CTM 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 September 10, 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 (FIRS) at 1–800–877–8339. 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), CTM 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 CTM’s filing of a notice of consummation by September 5, 2019, 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 website at www.stb.gov. Decided: August 30, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–19223 Filed 9–4–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36214] Rock & Rail, LLC—Acquisition and Operation Exemption—Rail Lines of Martin Marietta Materials, Inc. Rock & Rail, LLC (R&R), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 0.51 miles of rail line owned by Martin Marietta Materials, Inc. (MMM), located within MMM’s existing industry facility in Weld County, CO, between milepost 14.97 and milepost 15.48, which includes existing yard, switching, and industry tracks (the Lines). R&R states that it has reached an agreement, pursuant to which MMM would transfer its interests in the Lines and other related facilities to R&R, including a concrete ready-mix plant, a E:\FR\FM\05SEN1.SGM 05SEN1 45176 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 6,412-foot loop track, and 1,315 feet of loading and unloading tracks.1 R&R states that, pursuant to 49 U.S.C. 10906, it currently has the right to operate and perform switching and other types of operations on the Lines. MMM is currently the only company located at the facility. R&R seeks to acquire the MMM Lines and to operate them as common carrier track, as well to continue its § 10906 services. R&R states that the proposed acquisition and operation of the Lines do not involve a provision or agreement that would limit future interchange with a third-party connecting carrier. R&R certifies that the proposed transaction will not result in R&R becoming a Class II or Class I rail carrier and that the projected annual revenues of R&R will not exceed $5 million. The transaction may be consummated on or after September 19, 2018, the effective date of the exemption (30 days after the verified notice 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 for stay must be filed no later than September 12, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36124, 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 William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. According to R&R, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available on our website at www.stb.gov. daltland on DSKBBV9HB2PROD with NOTICES Decided: August 30, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2018–19200 Filed 9–4–18; 8:45 am] BILLING CODE 4915–01–P 1 MMM leases the underlying real property from Gerrard Investments, LLC, but owns the Lines and the ready-mix plant. R&R will obtain from MMM an assignment or sublease of the underlying lease and ownership of the Lines, the ready-mix plant, and any improvements on the site. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Funding Opportunity for the Department of Transportation’s Competitive Highway Bridge Program for Fiscal Year 2018 Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of funding opportunity. AGENCY: This notice announces a funding opportunity and requests grant applications for FHWA’s Competitive Highway Bridge Program. Division L of the Consolidated Appropriations Act, 2018, appropriated $225 million to be awarded by DOT for a competitive highway bridge program. Eligible applicants are States that have a population density of less than 100 individuals per square mile. The funds must be used for highway bridge replacement and rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects. The FHWA will distribute these funds as described in this notice on a competitive basis in a manner consistent with the selection criteria. DATES: This is a one-time opportunity for funding. The deadline for consideration is December 4, 2018 at 11:59 p.m. ADDRESSES: Applications must be submitted through Grants.gov at https:// www.grants.gov/. FOR FURTHER INFORMATION CONTACT: The Competitive Highway Bridge Program staff via email at CHBPgrant@dot.gov. Douglas A. Blades, Office of Bridges & Structures, FHWA, Office of Infrastructure, 1200 New Jersey Avenue SE, Room E75–3203, Washington, DC 20590, telephone: (202) 366–4622 or email: Douglas.Blades@dot.gov; Semme Yilma, Office of Bridges & Structures, FHWA, Office of Infrastructure, 1200 New Jersey Avenue SE, Room E75– 3203, Washington, DC 20590, telephone: (202) 366–6712 or email: Semme.Yilma@dot.gov. For legal questions, please contact Ms. Alla C. Shaw, Office of the Chief Counsel, at (202) 366–1042; by email at Alla.Shaw@dot.gov; or by mail at Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours for FHWA are from 8:30 a.m. to 4:00 p.m. EST, Monday through Friday, except Federal holidays. In addition, FHWA will post information about the Competitive Highway Bridge Program on its website SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 at https://www.fhwa.dot.gov/bridge/ chbp.cfm. SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the application process for program grants. The applicant should read this notice in its entirety to submit eligible and competitive applications. Table of Contents A. Program Description B. Federal Award Information 1. Amount Available 2. Availability of Funds C. Eligibility Information 1. Eligible Applicants 2. Cost Sharing and Matching 3. Other D. Application and Submission Information 1. Address To Request Application 2. Content and Form of Application Submission 3. Selection Criteria 4. Assessment of Project Risks 5. Submission Dates 6. Intergovernmental Review E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contact(s) H. Other Information I. Program Description Division L of the Consolidated Appropriations Act, 2018 (Pub. L. 115– 141, March 23, 2018) (‘‘FY 2018 Appropriations Act’’), appropriated $225 million to be awarded by DOT for a Competitive Highway Bridge Program. Eligible applicants are States that have a population density of less than 100 individuals per square mile. The funds must be used for highway bridge replacement and rehabilitation projects on any public roads that demonstrate cost savings by bundling multiple highway bridge projects. The Competitive Highway Bridge Program provides an opportunity to address significant challenges across the Nation for improving bridges that serve America. II. Federal Award Information A. Amount Available—The FY 2018 Appropriations Act appropriated the Competitive Highway Bridge Program as a grant program at $225 million for fiscal year (FY) 2018. B. Availability of Funds—The funds provided for this program under the FY 2018 Appropriations Act are available for obligation through September 30, 2021, and expire after September 30, 2026. III. Eligibility Information To be selected for a Competitive Highway Bridge Program grant, an applicant must be an Eligible Applicant E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45175-45176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19200]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36214]


Rock & Rail, LLC--Acquisition and Operation Exemption--Rail Lines 
of Martin Marietta Materials, Inc.

    Rock & Rail, LLC (R&R), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire and 
operate approximately 0.51 miles of rail line owned by Martin Marietta 
Materials, Inc. (MMM), located within MMM's existing industry facility 
in Weld County, CO, between milepost 14.97 and milepost 15.48, which 
includes existing yard, switching, and industry tracks (the Lines).
    R&R states that it has reached an agreement, pursuant to which MMM 
would transfer its interests in the Lines and other related facilities 
to R&R, including a concrete ready-mix plant, a

[[Page 45176]]

6,412-foot loop track, and 1,315 feet of loading and unloading 
tracks.\1\ R&R states that, pursuant to 49 U.S.C. 10906, it currently 
has the right to operate and perform switching and other types of 
operations on the Lines. MMM is currently the only company located at 
the facility. R&R seeks to acquire the MMM Lines and to operate them as 
common carrier track, as well to continue its Sec.  10906 services. R&R 
states that the proposed acquisition and operation of the Lines do not 
involve a provision or agreement that would limit future interchange 
with a third-party connecting carrier.
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    \1\ MMM leases the underlying real property from Gerrard 
Investments, LLC, but owns the Lines and the ready-mix plant. R&R 
will obtain from MMM an assignment or sublease of the underlying 
lease and ownership of the Lines, the ready-mix plant, and any 
improvements on the site.
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    R&R certifies that the proposed transaction will not result in R&R 
becoming a Class II or Class I rail carrier and that the projected 
annual revenues of R&R will not exceed $5 million.
    The transaction may be consummated on or after September 19, 2018, 
the effective date of the exemption (30 days after the verified notice 
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 for stay must be filed no later than September 12, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36124, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    According to R&R, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: August 30, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2018-19200 Filed 9-4-18; 8:45 am]
BILLING CODE 4915-01-P