CWW LLC dba Columbia Rail-Lease and Operation Exemption-Port of Benton County, Wash., 10960-10961 [2023-03664]

Download as PDF 10960 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices Board decisions and notices are available at www.stb.gov. It is ordered: 1. The proposed transaction is approved and authorized, subject to the filing of opposing comments. 2. If opposing comments are timely filed, the findings made in this notice will be deemed vacated. 3. This notice will be effective April 11, 2023, unless opposing comments are filed by April 10, 2023. If any comments are filed, Avalon may file a reply by April 23, 2023. 4. A copy of this notice will be served on: (1) the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust Division, 10th Street & Pennsylvania Avenue NW, Washington, DC 20530; and (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. Decided: February 16, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2023–03666 Filed 2–21–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36666] lotter on DSK11XQN23PROD with NOTICES1 New Jersey Department of Environmental Protection—Acquisition Exemption—Norfolk Southern Railway Company The New Jersey Department of Environmental Protection (NJDEP), a non-carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire the right to reactivate rail service from Norfolk Southern Railway Company (NSR) on approximately 8.6 miles of rail-banked railroad line extending between milepost WD 2.9 in Jersey City, Hudson County, N.J., and milepost WD 11.5 in the Township of Montclair, Essex County, N.J. (the Line). In Norfolk Southern Railway— Abandonment Exemption—in Hudson & Essex Counties, N.J., AB 290 (Sub–No. 408X) (STB served Sept. 29, 2020), the Board authorized abandonment of the Line.1 NJDEP states that the Line is 1 In the same decision, the Board issued a notice of interim trail use or abandonment (NITU) to allow the Open Space Institute Land Trust, Inc. (OSI), as the proposed trail sponsor, to negotiate with NSR for interim trail use/rail banking of the Line’s rightof-way under the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act). The NITU later was VerDate Sep<11>2014 19:42 Feb 21, 2023 Jkt 259001 currently subject to interim trail use under a trail use agreement between NJDEP and NSR under the Trails Act. (Notice of Trail Use Agreement, Aug. 19, 2022, AB 290 (Sub–No. 408X).) NJDEP states that NSR agreed to convey to NJDEP the property comprising the Line, including the rails, track materials, and bridges, as well as NSR’s residual rights to terminate trail use and reactivate rail service. According to NJDEP, NSR does not wish to retain any residual rights related to the Line, and NJDEP is willing to acquire such residual rights. NJDEP states that it would obtain a contract operator to operate the Line if rail service were to be reactivated and acknowledges that any such operator would require operating authority from the Board. NJDEP certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. NJDEP further certifies that the proposed transaction 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 March 8, 2023, 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 March 1, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36666, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on NJDEP’s representative, Paul Stofa, State of New Jersey Department of Environmental Protection, 401 East State Street, Trenton, NJ 08625–0420. According to NJDEP, this action is categorically excluded from extended until September 29, 2022. Norfolk S. Ry.— Aban. Exemption—in Hudson & Essex Cntys., N.J., AB 290 (Sub–No. 408X) (STB served Sept. 3, 2021). Thereafter, pursuant to a request from OSI, the Board issued a replacement NITU substituting NJDEP as the proposed trail sponsor. Norfolk S. Ry.—Aban. Exemption—in Hudson & Essex Cntys., N.J., AB 290 (Sub–No. 408X) (STB served June 30, 2022). PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 environmental reporting requirements under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: February 15, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2023–03634 Filed 2–21–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36668] CWW LLC dba Columbia Rail—Lease and Operation Exemption—Port of Benton County, Wash. CWW LLC dba Columbia Rail (CWW), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to lease and operate 10.89 miles of railroad line between milepost 18.84 at Richland Junction and milepost 29.73 at Richland, Wash. (the Line), owned by the Port of Benton County, Wash. (the Port).1 According to the verified notice, the Port acquired the Line from the U.S. Department of Energy in 1998. CWW states that the Line is also operated by BNSF Railway Company (BNSF) and Union Pacific Railroad Company (UP). The verified notice further states that the operating rights of Tri-City Railroad Company, LLC (Tri-City), which had also operated over the Line since 2002, were discontinued in 2019. See Port of Benton County—Adverse Discontinuance of Rail Service—Tri-City Railroad, AB 1270 (STB served Oct. 31, 2019).2 According to the verified notice, the Port and CWW have entered into a non-exclusive lease agreement for CWW to operate on the Line. CWW certifies that the transaction involves no provision or agreement that would limit interchange with a third party connecting carrier and that no interchange commitments are contemplated. CWW certifies that its projected annual revenues would not exceed $5 million and will not result in 1 CWW also will lease and operate various sidings and connected spur tracks, such that the rail property leased and operated will total approximately 16 track miles. 2 CWW styled its verified notice as a change in operator exemption. However, the proposed transaction is more akin to a lease and operation exemption, because CWW is seeking authority to become an additional carrier on the Line but is not contemporaneously replacing another common carrier. E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices the creation of a Class II or Class I rail carrier. The transaction may be consummated on or after March 8, 2023, 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 March 1, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36668, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on CWW’s representative, James H. M. Savage, 22 Rockingham Court, Germantown, MD 20874. According to CWW, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: February 16, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–03664 Filed 2–21–23; 8:45 am] BILLING CODE 4915–01–P Rebecca L. Coffey, Agency Records Officer. TENNESSEE VALLEY AUTHORITY [FR Doc. 2023–03460 Filed 2–21–23; 8:45 am] BILLING CODE 8120–08–P Agency Information Collection Activities: Information Collection Renewal; Comment Request AGENCY: TENNESSEE VALLEY AUTHORITY Tennessee Valley Authority (TVA). ACTION: 60-Day notice of submission of information collection renewal approval and request for comments. The proposed information collection renewal described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. The Tennessee Valley Authority is soliciting public comments on this proposed collection renewal. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: Comments should be sent to the Public Information Collection Clearance Officer no later than April 24, 2023. DATES: VerDate Sep<11>2014 19:42 Feb 21, 2023 Jkt 259001 Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Public Information Collection Clearance Officer: Jennifer A. Wilds, Specialist, Records Compliance, Tennessee Valley Authority, 400 W Summit Hill Dr., CLK–320, Knoxville, Tennessee 37902–1401. FOR FURTHER INFORMATION CONTACT: Jennifer A. Wilds, Telephone (865) 632– 6580 or by email at pra@tva.gov. SUPPLEMENTARY INFORMATION: Type of Request: Renewal with minor modification. Title of Information Collection: Employment Application. OMB Control Number: 3316–0063. Current Expiration Date: 04–30–2023. Frequency of Use: On occasion. Type of Affected Public: Individuals. Small Businesses or Organizations Affected: No. Federal Budget Functional Category Code: 455. Estimated Number of Annual Responses: 14,475. Estimated Total Annual Burden Hours: 3,185. Estimated Average Burden Hours per Response: 0.2. Need for and Use of Information: Applications for employment are needed to collect information on qualifications, suitability for employment, and eligibility for veteran’s preference. The information is used to make comparative appraisals and to assist in selections. The affected public consists of individuals who apply for TVA employment. ADDRESSES: Agency Information Collection Activities: Information Collection Reinstatement of a Previously Approved Information Collection; Comment Request Tennessee Valley Authority (TVA). ACTION: 60-Day notice of submission of information collection reinstatement approval and request for comments. AGENCY: The proposed information collection reinstatement of a previously approved, but expired, information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as SUMMARY: PO 00000 Frm 00093 Fmt 4703 Sfmt 9990 10961 required by the Paperwork Reduction Act of 1995. The Tennessee Valley Authority is soliciting public comments on this proposed collection renewal. Comments should be sent to the Public Information Collection Clearance Officer no later than April 24, 2023. DATES: Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Public Information Collection Clearance Officer: Jennifer A. Wilds, Specialist, Records Compliance, Tennessee Valley Authority, 400 W Summit Hill Dr., CLK–320, Knoxville, Tennessee 37902–1401. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jennifer A. Wilds, Telephone (865) 632– 6580 or by email at pra@tva.gov. Type of Request: Approval of Reinstatement without modification of a previously approved, but expired, information collection. Title of Information Collection: Land Use Survey Questionnaire—Vicinity of Nuclear Power Plants. OMB Control Number: 3316–0016. Current Expiration Date: 01/30/2023. Frequency of Use: Annually. Type of Affected Public: Individuals or households, farms and business and other for-profit. Small Businesses or Organizations Affected: Yes. Federal Budget Functional Category Code: 455. Estimated Number of Annual Responses: 150. Estimated Total Annual Burden Hours: 75. Estimated Average Burden Hours per Response: .5. Need for and Use of Information: This survey is used to locate, for monitoring purposes, rural residents, home gardens, and milk animals within a five-mile radius of a nuclear power plant. The monitoring program is a mandatory requirement of the Nuclear Regulatory Commission set out in the technical specifications when the plants were licensed. The ICR previously approved by OMB expired on January 31, 2023. SUPPLEMENTARY INFORMATION: Rebecca L. Coffey, Agency Records Officer. [FR Doc. 2023–03463 Filed 2–21–23; 8:45 am] BILLING CODE 8120–08–P E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10960-10961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03664]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36668]


CWW LLC dba Columbia Rail--Lease and Operation Exemption--Port of 
Benton County, Wash.

    CWW LLC dba Columbia Rail (CWW), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1150.41 to 
lease and operate 10.89 miles of railroad line between milepost 18.84 
at Richland Junction and milepost 29.73 at Richland, Wash. (the Line), 
owned by the Port of Benton County, Wash. (the Port).\1\
---------------------------------------------------------------------------

    \1\ CWW also will lease and operate various sidings and 
connected spur tracks, such that the rail property leased and 
operated will total approximately 16 track miles.
---------------------------------------------------------------------------

    According to the verified notice, the Port acquired the Line from 
the U.S. Department of Energy in 1998. CWW states that the Line is also 
operated by BNSF Railway Company (BNSF) and Union Pacific Railroad 
Company (UP). The verified notice further states that the operating 
rights of Tri-City Railroad Company, LLC (Tri-City), which had also 
operated over the Line since 2002, were discontinued in 2019. See Port 
of Benton County--Adverse Discontinuance of Rail Service--Tri-City 
Railroad, AB 1270 (STB served Oct. 31, 2019).\2\ According to the 
verified notice, the Port and CWW have entered into a non-exclusive 
lease agreement for CWW to operate on the Line.
---------------------------------------------------------------------------

    \2\ CWW styled its verified notice as a change in operator 
exemption. However, the proposed transaction is more akin to a lease 
and operation exemption, because CWW is seeking authority to become 
an additional carrier on the Line but is not contemporaneously 
replacing another common carrier.
---------------------------------------------------------------------------

    CWW certifies that the transaction involves no provision or 
agreement that would limit interchange with a third party connecting 
carrier and that no interchange commitments are contemplated. CWW 
certifies that its projected annual revenues would not exceed $5 
million and will not result in

[[Page 10961]]

the creation of a Class II or Class I rail carrier.
    The transaction may be consummated on or after March 8, 2023, 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 March 1, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36668, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
CWW's representative, James H. M. Savage, 22 Rockingham Court, 
Germantown, MD 20874.
    According to CWW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 16, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-03664 Filed 2-21-23; 8:45 am]
BILLING CODE 4915-01-P
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