Youngstown & Austintown Railroad, Inc.-Acquisition and Operation Exemption-Economic Development Rail Corporation, 62869-62870 [2023-19752]
Download as PDF
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices
filed no later than September 20, 2023
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36720, should be filed with the
Surface Transportation Board via efiling 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 MIP GP’s representative,
Terence M. Hynes, Sidley Austin LLP,
1501 K Street NW, Washington, DC
20005.
According to MIP GP, 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: September 7, 2023.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023–19777 Filed 9–12–23; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36704]
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The Warren & Trumbull Railroad
Company—Acquisition and Operation
Exemption—Economic Development
Rail II Corporation
The Warren & Trumbull Railroad
Company (WTRC), a Class III rail
carrier, has filed a verified notice of
exemption under 49 CFR 1150.41 to
acquire from Economic Development
Rail II Corporation (EDR–II), and to
operate approximately 8.97 miles of rail
line and associated right-of-way
including: (1) the property known as
North Warren Railroad located along the
2.78 miles of track between milepost
91.60 near the North Warren Station in
Warren, Ohio and milepost 94.38 at
North Warren in North Trumbull, Ohio;
(2) the property known as a portion of
Conrail’s Freedom Secondary Railroad
between milepost 164.52 and milepost
160.60 in Warren, Ohio, and the K-Mart
Lead extending from its connection with
the Freedom Secondary at milepost
81.00 up to and including milepost
81.70; (3) the K-Mart Lead from
milepost 81.70 up to and including
milepost 82.90; and (4) the section of
track beginning at milepost 82.90 up to
and including track to the east R.O.W.
of Park Avenue being 1435.61 feet ± (the
Lines).
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According to the verified notice,
WTRC has operated over the Lines
pursuant to an agreement between
WTRC and EDR–II, and now WTRC
seeks authority to acquire ownership of
the Lines from EDR II.
The verified notice states that the
parties entered into a Purchase and Sale
Agreement for WTRC to acquire and
operate the Lines. WTRC states that the
transaction will proceed as of the
effective date of this notice of
exemption.
WTRC certifies that the proposed
acquisition of the Lines does not involve
any interchange commitments. WTRC
further certifies that its projected
revenues as a result of this transaction
will not exceed those that would qualify
it as a Class III carrier and will not
exceed $5 million.
The transaction may be consummated
on or after September 27, 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 September 20,
2023.
All pleadings, referring to Docket No.
FD 36704, 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, one copy of each pleading
must be served on WTRC’s
representative, Eric M. Hocky, Clark Hill
PLC, Two Commerce Square, 2001
Market Street, Suite 2620, Philadelphia,
PA 19103.
According to WTRC, 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 at www.stb.gov.
Decided: September 8, 2023.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023–19788 Filed 9–12–23; 8:45 am]
BILLING CODE 4915–01–P
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62869
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36705]
Youngstown & Austintown Railroad,
Inc.—Acquisition and Operation
Exemption—Economic Development
Rail Corporation
Youngstown & Austintown Railroad,
Inc. (YARR), a Class III rail carrier, has
filed a verified notice of exemption
under 49 CFR 1150.41 to acquire from
Economic Development Rail
Corporation (EDRC) and to operate
approximately 2.74 miles of rail line
known as the Y and A Branch (Line
Code 6556) (Austintown Industrial
Track) from approximately milepost
0.76 (at a point south of the clearance
point of the switch connection with
CSX Transportation, Inc.) to
approximately milepost 3.50 (at the
northerly right-of-way line of Oakwood
Avenue) in Youngstown, Mahoning
County, Ohio (the Line). According to
the verified notice, YARR is the current
operator of the Line, having operated
over the Line pursuant to an operating
agreement between YARR and EDRC for
over 30 years.
The verified notice states that YARR
has entered into a Purchase and Sale
Agreement to acquire the Line from
EDRC so that YARR can become the
owner of the Line, as well as the
operator.
YARR certifies that the proposed
acquisition of the Line does not involve
any interchange commitments. YARR
further certifies that its projected
revenues as a result of this transaction
will not exceed those that would qualify
it as a Class III carrier and that its
projected annual revenue will not
exceed $5 million.
The transaction may be consummated
on or after September 27, 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 September 20,
2023.
All pleadings referring to Docket No.
FD 36705, should 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, one copy of each pleading
must be served on YARR’s
representative, Eric M Hocky, Clark Hill
PLC, Two Commerce Square, 2001
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62870
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices
Market St., Suite 2620, Philadelphia, PA
19103.
According to YARR, 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 at www.stb.gov.
Decided: September 7, 2023.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023–19752 Filed 9–12–23; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA–2021–0010]
Surface Transportation Project
Delivery Program; Utah Department of
Transportation Audit Report
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
The Moving Ahead for
Progress in the 21st Century Act (MAP–
21) established the Surface
Transportation Project Delivery Program
that allows a State to assume FHWA’s
responsibilities for environmental
review, consultation, and compliance
under the National Environmental
Policy Act (NEPA) 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. The
program mandates annual audits during
each of the first 4 years of State
participation to ensure compliance with
program requirements. This notice
finalizes the findings of the fourth and
final audit report for the Utah
Department of Transportation (UDOT).
FOR FURTHER INFORMATION CONTACT: Mr.
David Cohen, Office of Project
Development and Environmental
Review, (202) 366–8531, David.Cohen@
dot.gov, or Ms. Diane Mobley, Office of
the Chief Counsel, (202) 366–1366,
Diane.Mobley@dot.gov, Federal
Highway Administration, U.S.
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:
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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17:37 Sep 12, 2023
Jkt 259001
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, codified at 23 United
States Code (U.S.C.) 327, commonly
known as the NEPA Assignment
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 liable for carrying out
the responsibilities in lieu of FHWA.
The UDOT published its application for
NEPA assumption on October 9, 2015,
and made it available for public
comment for 30 days. After considering
public comments, UDOT submitted its
application to FHWA on December 1,
2015. The application served as the
basis for developing a memorandum of
understanding (MOU) that identifies the
responsibilities and obligations that
UDOT would assume. The FHWA
published a notice of the draft MOU in
the Federal Register on November 16,
2016 (81 FR 80710), with a 30-day
comment period to solicit the views of
the public and Federal agencies. After
the end of the comment period, FHWA
and UDOT considered comments and
proceeded to execute the MOU.
Effective January 17, 2017, UDOT
assumed FHWA’s responsibilities under
NEPA, and the responsibilities for other
Federal environmental laws described
in the MOU. On May 26, 2022, FHWA
and UDOT renewed the MOU for
another 5-year term.
Section 327(g) of Title 23, U.S.C.,
requires the Secretary to conduct annual
audits during each of the first 4 years of
State participation. After the fourth
year, the Secretary shall monitor the
State’s compliance with the written
agreement. The FHWA must make the
results of each audit available for public
comment. This notice finalizes the
findings of the fourth audit report for
UDOT participation in the NEPA
Assignment Program. The FHWA
published a draft version of this report
in the Federal Register on June 23, 2022
(87 FR 37547), and made it available for
public review and comment for 30 days
in accordance with 23 U.S.C. 327(g).
The FHWA received three responses to
the Federal Register notice during the
public comment period for the draft
report, and FHWA responds to these
comments in the final report, pursuant
to 23 U.S.C. 327(g)(2). The FHWA also
determined that the comments required
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no changes to the draft audit report.
This notice finalizes the fourth and final
NEPA Assignment audit report in Utah.
Authority: Section 1313 of Public Law
112–141; Section 6005 of Public Law
109–59; 23 U.S.C. 327; 23 CFR 773.
Shailen P. Bhatt,
Administrator, Federal Highway
Administration.
Surface Transportation Project Delivery
Program, FHWA Audit of the Utah
Department of Transportation—Final
Report, July 1, 2019–June 30, 2020
Executive Summary
This report summarizes the results of
the Federal Highway Administration’s
(FHWA) fourth and final audit of the
Utah Department of Transportation’s
(UDOT) National Environmental Policy
Act (NEPA) review responsibilities and
obligations that FHWA assigned and
UDOT assumed pursuant to 23 United
State Code (U.S.C.) 327. Throughout this
report, FHWA uses the term ‘‘NEPA
Assignment Program’’ to refer to the
program codified at 23 U.S.C. 327.
Pursuant to 23 U.S.C. 327, UDOT and
FHWA executed a memorandum of
understanding (MOU) on January 17,
2017, to memorialize UDOT’s NEPA
responsibilities and obligations for
Federal-aid highway projects and
certain other FHWA actions in Utah.
The FHWA and UDOT recently renewed
the MOU on May 26, 2022, for another
5-year term. The section 327 MOU
covers environmental review
responsibilities for projects that require
the preparation of environmental
assessments (EA), environmental impact
statements (EIS), and non-designated
documented categorical exclusions
(DCE). A separate MOU, pursuant to 23
U.S.C. 326, authorizes UDOT’s
environmental review responsibilities
for other categorical exclusions (CE),
commonly known as CE Program
Assignment. The scope of this audit did
not include the CE Program Assignment
responsibilities and projects.
As part of FHWA’s review
responsibilities under 23 U.S.C. 327,
FHWA formed a team (the ‘‘Audit
Team’’) in August 2020 to plan and
conduct an audit of NEPA
responsibilities UDOT assumed. Due to
COVID–19-related travel restrictions,
the Audit Team conducted a virtual
audit during the period from November
9, 2020, to December 2, 2020. Prior to
the virtual audit, the Audit Team
reviewed UDOT’s NEPA project files,
UDOT’s response to FHWA’s pre-audit
information request (PAIR), UDOT’s
NEPA Assignment Self-Assessment
Report, UDOT’s NEPA Quality
Assurance/Quality Control (QA/QC)
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Agencies
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62869-62870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19752]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36705]
Youngstown & Austintown Railroad, Inc.--Acquisition and Operation
Exemption--Economic Development Rail Corporation
Youngstown & Austintown Railroad, Inc. (YARR), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to acquire from Economic Development Rail Corporation (EDRC) and to
operate approximately 2.74 miles of rail line known as the Y and A
Branch (Line Code 6556) (Austintown Industrial Track) from
approximately milepost 0.76 (at a point south of the clearance point of
the switch connection with CSX Transportation, Inc.) to approximately
milepost 3.50 (at the northerly right-of-way line of Oakwood Avenue) in
Youngstown, Mahoning County, Ohio (the Line). According to the verified
notice, YARR is the current operator of the Line, having operated over
the Line pursuant to an operating agreement between YARR and EDRC for
over 30 years.
The verified notice states that YARR has entered into a Purchase
and Sale Agreement to acquire the Line from EDRC so that YARR can
become the owner of the Line, as well as the operator.
YARR certifies that the proposed acquisition of the Line does not
involve any interchange commitments. YARR further certifies that its
projected revenues as a result of this transaction will not exceed
those that would qualify it as a Class III carrier and that its
projected annual revenue will not exceed $5 million.
The transaction may be consummated on or after September 27, 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 September 20,
2023.
All pleadings referring to Docket No. FD 36705, should 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, one copy of each pleading must be served on
YARR's representative, Eric M Hocky, Clark Hill PLC, Two Commerce
Square, 2001
[[Page 62870]]
Market St., Suite 2620, Philadelphia, PA 19103.
According to YARR, 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 at www.stb.gov.
Decided: September 7, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-19752 Filed 9-12-23; 8:45 am]
BILLING CODE 4915-01-P