Northern Indiana Railroad Company, LLC-Acquisition Exemption-Town of North Judson, Ind., 17450-17451 [2021-06842]

Download as PDF 17450 Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition ‘‘The Medici: Portraits & Politics, 1512—1570’’ at The Metropolitan Museum of Art, New York, New York, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000. Matthew R. Lussenhop, Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2021–06865 Filed 4–1–21; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36492] jbell on DSKJLSW7X2PROD with NOTICES York Railway Company, Maryland and Pennsylvania Railroad, LLC, and Yorkrail, LLC—Corporate Family Transaction Exemption York Railway Company (YRC), Maryland and Pennsylvania Railroad, LLC (M&P), and Yorkrail, LLC (Yorkrail) (collectively, Applicants), have jointly filed a verified notice of exemption for a corporate family transaction under 49 CFR 1180.2(d)(3). According to the verified notice, YRC, a Delaware corporation and Class III carrier, wholly owns both M&P and Yorkrail, each of which is a Delaware limited liability company and nonoperating Class III carrier that owns common carrier rail lines in VerDate Sep<11>2014 23:04 Apr 01, 2021 Jkt 253001 Pennsylvania operated by YRC.1 Under the proposed transaction, M&P and Yorkrail will be merged with and into YRC with YRC being the surviving corporate entity, owning and operating the covered rail lines.2 Applicants state that the purpose of the transaction is to restructure their corporate family to simplify and streamline the ownership and operation of the M&P and Yorkrail rail assets. According to Applicants, the only change as a result of the proposed transaction is that YRC will have direct, instead of indirect, ownership of the rail assets currently belonging to M&P and Yorkrail. The verified notice states that the proposed transaction does not impose or involve an interchange commitment by or affecting Applicants.3 Unless stayed, the exemption will be effective on April 18, 2021 (30 days after the verified notice was filed). Applicants state that they intend to consummate the proposed transaction on or after April 30, 2021. The verified notice states that the proposed transaction is within Applicants’ corporate family and will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III rail carriers. 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 April 9, 2021 (at 1 The verified notice states that Genesee & Wyoming, Inc., gained control of all three companies in 2002. See Genesee & Wyo. Inc.— Control Exemption— ETR Acquis. Corp., FD 34148 (STB served Feb. 28, 2002). 2 As a result of this transaction, YRC also will acquire Yorkrail’s rights to reactivate service established in Yorkrail, LLC—Abandonment Exemption—in York County, Penn., AB 1308X (STB served Nov. 20, 2020). 3 Applicants filed an unexecuted draft copy of the agreement with their verified notice. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36492, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, one copy of each pleading must be served on Applicants’ representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to Applicants, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic preservation reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: March 29, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–06829 Filed 4–1–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36499] Northern Indiana Railroad Company, LLC—Acquisition Exemption—Town of North Judson, Ind. Northern Indiana Railroad Company, LLC (NIRCo), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Town of North Judson, Ind., approximately 32.97 miles of rail line extending between milepost CF 0.63, at LaCrosse, and milepost 15.23 at Wellsboro, and between milepost CI 212.55, at or near North Judson, and milepost 230.92, at Malden, in LaPorte, Porter, and Starke Counties, Ind. (collectively, the Line). The verified notice states that, following the sale, the Chesapeake and Indiana Railroad Company (CKIN), a Class III rail carrier, will continue its current operations over the Line.1 NIRCo certifies that its projected annual revenues as a result of this 1 CKIN obtained authority to operate over the Line in Chesapeake & Indiana Railroad—Operation Exemption—Town of North Judson, Ind., FD 34529 (STB served Aug. 20, 2004). In 2017, CKIN obtained amended operating authority for a 27.92-mile segment of the Line, from milepost CF 0.23 to milepost CF 15.23, and from milepost CI 218 to milepost CI 230.92, see Chesapeake & Ind. R.R.— Amended Operation Exemption—Town of N. Judson, Ind., FD 36147 (STB served Oct. 20, 2017), and authority to discontinue service over an approximately 5.45-mile segment of the Line between milepost CI 212.55 and milepost CI 218.0, see Chesapeake & Ind. R.R.—Discontinuance of Serv. Exemption—in Starke Cnty., Ind., AB 1259X (STB served Nov. 28, 2017). E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. NIRCo further certifies that the acquisition does not involve a provision or agreement that would limit future interchange with a third-party connecting carrier. The transaction may be consummated on or after April 18, 2021, 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 to stay must be filed no later than April 9, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36499, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on NIRCo’s representative: Charles H. Montange, Law Offices of Charles H. Montange, 426 NW 162nd St, Seattle, WA 98177. Board decisions and notices are available at www.stb.gov. Decided: March 30, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2021–06842 Filed 4–1–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans). AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that relate to a proposed highway project, Binney Junction Underpass (UP) and Marysville UP replacement on State Route 70, in the City of Marysville, in Yuba County, in the 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:04 Apr 01, 2021 Jkt 253001 of final agency actions. 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 August 30, 2021. 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: Cara Lambirth, Branch Chief, Caltrans Office of Environmental Management, M–3, California Department of Transportation-District 3, 703 B Street, Marysville, CA 95901. Office Hours: 8:00 a.m.–5:00 p.m., Pacific Standard Time, telephone (530) 741–4134 or email cara.lambirth@ dot.ca.gov. For FHWA, contact David Tedrick at (916) 498–5024 or email david.tedrick@dot.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and 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: Caltrans proposes to rehabilitate State Route 70 (SR 70) in Marysville, California, for approximately 0.9 miles (14.8 PM to 15.7 PM), including the replacement of Binney Junction Underpass (UP) and the Marysville UP. The project will provide complete streets elements, rehabilitate existing pavement, reduce future traffic congestion, improve operations and safety, and comply with current Caltrans, Union Pacific Railroad (UPRR), local and federal standards. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (FEA)/ Finding of No Significant Impact (FONSI) for the project, approved on December 7, 2020, and in other documents in Caltrans’ project records. The FEA, FONSI and other project records are available by contacting Caltrans at the addresses provided above, or can be viewed and downloaded from the project website at: https://dot.ca.gov/caltrans-near-me/ district-3/d3-programs/d3environmental-planning/d3environmental-docs. 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 17451 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—Floodplain Management and Protection (April 23, 1979) 23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10 24. Title VI of the Civil Rights Act of 1964, as amended 25. Executive Order 12898, Federal Actions to Address Environmental Justice and Low-Income Populations (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: March 30, 2021. Rodney Whitfield, Director, Financial Services, Federal Highway Administration, California Division. [FR Doc. 2021–06856 Filed 4–1–21; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans). AGENCY: E:\FR\FM\02APN1.SGM 02APN1

Agencies

Surface Transportation Board

[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17450-17451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06842]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36499]


Northern Indiana Railroad Company, LLC--Acquisition Exemption--
Town of North Judson, Ind.

    Northern Indiana Railroad Company, LLC (NIRCo), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from the Town of North Judson, Ind., approximately 32.97 miles of rail 
line extending between milepost CF 0.63, at LaCrosse, and milepost 
15.23 at Wellsboro, and between milepost CI 212.55, at or near North 
Judson, and milepost 230.92, at Malden, in LaPorte, Porter, and Starke 
Counties, Ind. (collectively, the Line). The verified notice states 
that, following the sale, the Chesapeake and Indiana Railroad Company 
(CKIN), a Class III rail carrier, will continue its current operations 
over the Line.\1\
---------------------------------------------------------------------------

    \1\ CKIN obtained authority to operate over the Line in 
Chesapeake & Indiana Railroad--Operation Exemption--Town of North 
Judson, Ind., FD 34529 (STB served Aug. 20, 2004). In 2017, CKIN 
obtained amended operating authority for a 27.92-mile segment of the 
Line, from milepost CF 0.23 to milepost CF 15.23, and from milepost 
CI 218 to milepost CI 230.92, see Chesapeake & Ind. R.R.--Amended 
Operation Exemption--Town of N. Judson, Ind., FD 36147 (STB served 
Oct. 20, 2017), and authority to discontinue service over an 
approximately 5.45-mile segment of the Line between milepost CI 
212.55 and milepost CI 218.0, see Chesapeake & Ind. R.R.--
Discontinuance of Serv. Exemption--in Starke Cnty., Ind., AB 1259X 
(STB served Nov. 28, 2017).
---------------------------------------------------------------------------

    NIRCo certifies that its projected annual revenues as a result of 
this

[[Page 17451]]

transaction will not exceed those that would qualify it as a Class III 
rail carrier and will not exceed $5 million. NIRCo further certifies 
that the acquisition does not involve a provision or agreement that 
would limit future interchange with a third-party connecting carrier.
    The transaction may be consummated on or after April 18, 2021, 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 to stay must be filed no later than April 9, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36499, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on NIRCo's 
representative: Charles H. Montange, Law Offices of Charles H. 
Montange, 426 NW 162nd St, Seattle, WA 98177.

    Board decisions and notices are available at www.stb.gov.

    Decided: March 30, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-06842 Filed 4-1-21; 8:45 am]
BILLING CODE 4915-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.