Pan Am Southern LLC-Temporary Overhead Trackage Rights-Boston and Maine Corporation and Springfield Terminal Railway Corporation, 66928-66929 [2023-21268]

Download as PDF 66928 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices Incident: Severe Storms, Flooding, Landslides, and Mudslides. Incident Period: 07/07/2023 through 07/21/2023. DATES: Issued on 09/19/2023. Physical Loan Application Deadline Date: 10/12/2023. Economic Injury (EIDL) Loan Application Deadline Date: 04/15/2024. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the State of Vermont, dated 07/14/2023, is hereby amended to re-establish the incident period for this disaster as beginning 07/07/2023 through 07/21/2023. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Number 59008) Francisco Sa´nchez, Jr., Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2023–21189 Filed 9–27–23; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #18191 and #18192; California Disaster Number CA–00388] U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of California dated 09/22/ 2023. Incident: Tropical Storm Hilary. Incident Period: 08/19/2023 through 08/21/2023. DATES: Issued on 09/22/2023. Physical Loan Application Deadline Date: 11/21/2023. Economic Injury (EIDL) Loan Application Deadline Date: 06/24/2024. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Recovery & ddrumheller on DSK120RN23PROD with NOTICES1 VerDate Sep<11>2014 18:09 Sep 27, 2023 Jkt 259001 Percent For Physical Damage: Homeowners with Credit Available Elsewhere .................... Homeowners without Credit Available Elsewhere ............ Businesses with Credit Available Elsewhere .................... Businesses without Credit Available Elsewhere ............ Non-Profit Organizations with Credit Available Elsewhere Non-Profit Organizations without Credit Available Elsewhere ................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere Non-Profit Organizations without Credit Available Elsewhere ................................... 5.000 2.500 8.000 4.000 2.375 2.375 4.000 2.375 The number assigned to this disaster for physical damage is 18191 8 and for economic injury is 18192 0. The States which received an EIDL Declaration # is Arizona, California. Administrative Declaration of a Disaster for the State of California SUMMARY: Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Riverside Contiguous Counties: California Imperial, Orange, San Bernardino, San Diego Arizona: La Paz The Interest Rates are: (Catalog of Federal Domestic Assistance Number 59008) Isabella Guzman, Administrator. [FR Doc. 2023–21187 Filed 9–27–23; 8:45 am] BILLING CODE 8026–09–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36726] Pan Am Southern LLC—Temporary Overhead Trackage Rights—Boston and Maine Corporation and Springfield Terminal Railway Corporation Pan Am Southern LLC (PAS) has filed a verified notice of exemption under 49 CFR 1180.2(d)(8) to acquire temporary overhead trackage rights over a line PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 owned by the Boston and Maine Corporation (B&M) and leased and operated by Springfield Terminal Railway Company (ST). That line generally extends between PAS’s existing connection to B&M/ST’s tracks at Engineering Station 215+89 at CPF 312 outside Ayer, Mass., and Engineering Station 225+00 outside Ayer, for a total distance of approximately 1,000 feet (the Line).1 According to PAS, its use of the Line would be limited to repositioning locomotives. PAS states that Pittsburg & Shawmut Railroad, LLC d/b/a Berkshire & Eastern Railroad (B&E) currently serves as the contract operator of PAS and that PAS/B&E serve a facility located on PAS’s line, just west of its connection to the Line. PAS explains that due to a lack of space on PAS’s line between the facility and CPF 312, PAS/ B&E do not have sufficient headroom to reposition PAS/B&E locomotives serving the facility, resulting in inefficiency and congestion on PAS’s network. PAS notes an urgent need to reduce congestion on the PAS network and states that the limited overhead temporary trackage rights sought in this docket would provide PAS/B&E with the necessary head and tail room to reposition locomotives while PAS pursues a long-term solution to the issue, namely installation of a ‘‘crossover’’ on PAS’s line. PAS states that procurement and installation of the cross-over will take approximately 75 days, and that, based on that schedule, the parties have agreed that the temporary overhead trackage rights will expire on December 5, 2023. On September 22, 2023, PAS filed a petition to waive the requirement under 49 CFR 1180.4(g) that a verified notice be filed at least 30 days before the transaction is consummated and to allow the exemption to take effect immediately, or no later than September 28, 2023. The effective date of the exemption will be addressed in a separate decision on the waiver request. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 1 PAS filed a redacted copy of the draft written temporary trackage rights agreement as an exhibit to its verified notice, along with a separate motion for protective order pursuant to 49 CFR 1104.14. On September 22, 2023, PAS filed redacted and unredacted copies of the fully executed agreement. PAS’s motion for protective order is addressed in a separate decision. E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices North Miller Street and North Wenatchee Avenue. The corridor would have one vehicle travel lane and bicycle lane in each direction. Two-way left turn lanes would be included between Wenatchee Confluence State Park and the U.S. 2/Euclid Avenue interchange as well as south of the junction of Hawley Street and North Miller Street. DATES: A claim seeking judicial review of the Federal agency actions on the listed highway project will be barred unless the claim is filed on or before February 26, 2024. 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: William Witucki, Area Engineer, Federal Highway Administration (FHWA), 711 S Capitol Way, Suite 501, Olympia, WA 98501–1284, 360–753– 9480, william.wituck@dot.gov or hdawa@dot.gov; or Laura Gloria, Executive Services Director, City of Wenatchee, 301 Yakima Street, Wenatchee, WA 98801, 509–888–3616, LGloria@WenatcheeWA.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing a NEPA Finding of No Significant Impact (FONSI) for the Confluence Parkway Project in Wenatchee, Washington. The Decided: September 25, 2023. action(s) by FHWA and the laws under By the Board, Scott M. Zimmerman, Acting which such actions were taken, are Director, Office of Proceedings. described in the FONSI and the Brendetta Jones, associated agency records. That Clearance Clerk. information is available by contacting [FR Doc. 2023–21268 Filed 9–27–23; 8:45 am] FHWA at the addresses provided above. BILLING CODE 4915–01–P The project proposed to support economic vitality by reducing congestion that is expected to worsen DEPARTMENT OF TRANSPORTATION without improvement due to high growth in the area. The intersection Federal Highway Administration improvements will further reduce crashes in the corridor. The project Notice of Final Federal Agency Actions applies a variety of environmental on Transportation Project in justice evaluation tools, supporting zero Washington State emission vehicle infrastructure, and increasing wildfire evacuation capacity. AGENCY: Federal Highway Administration (FHWA), Department of The project is partially locating within an Opportunity Zone. FONSI for the Transportation (DOT). project was published in September ACTION: Notice of limitation on claims for judicial review of actions by FHWA. 2023. Information about the FONSI and SUMMARY: This notice announces actions associated records are available from taken under the National Environmental FHWA and City of Wenatchee at the Policy Act by the FHWA that are final. addresses provided above and can be The action relates to the Confluence found at: https:// Parkway Project proposed by the City of www.wenatcheewa.gov/home/ Wenatchee, a new two-lane arterial showpublisheddocument/28981/ street that would begin at the existing 638296697168200000. This notice applies to all Federal U.S. 2/Euclid Avenue interchange, cross agency decisions related to the FONSI the Wenatchee River on a new bridge, as of the issuance date of this notice and and extend south to the intersection of ddrumheller on DSK120RN23PROD with NOTICES1 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). 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. All pleadings, referring to Docket No. FD 36726, must 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, one copy of each pleading must be served on PAS’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to PAS, this action is categorically excluded from environmental review under 49 CFR 1105.6(c)(3) and from historic reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. VerDate Sep<11>2014 18:09 Sep 27, 2023 Jkt 259001 PO 00000 Frm 00134 Fmt 4703 Sfmt 9990 66929 all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4347]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401–7671(q)]. 3. Land: Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 4. Wildlife: Anadromous Fish Conservation Act [16 U.S.C. 757(a– 757(g)); Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; MagnusonStevens Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (25 U.S.C. 3001–3013). 6. Wetlands and Water Resources: Clean Water Act, (ection 319 [33 U.S.C. 329]); Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]. 7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; General Bridge Act of 1946 [33 U.S.C. 9 and 11]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (Pub. L. 112– 141, 126 Stat. 405). Ralph J. Rizzo, FHWA Division Administrator, Olympia, WA. [FR Doc. 2023–21236 Filed 9–27–23; 8:45 am] BILLING CODE 4910–RY–P E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66928-66929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21268]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36726]


Pan Am Southern LLC--Temporary Overhead Trackage Rights--Boston 
and Maine Corporation and Springfield Terminal Railway Corporation

    Pan Am Southern LLC (PAS) has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(8) to acquire temporary overhead trackage rights 
over a line owned by the Boston and Maine Corporation (B&M) and leased 
and operated by Springfield Terminal Railway Company (ST). That line 
generally extends between PAS's existing connection to B&M/ST's tracks 
at Engineering Station 215+89 at CPF 312 outside Ayer, Mass., and 
Engineering Station 225+00 outside Ayer, for a total distance of 
approximately 1,000 feet (the Line).\1\
---------------------------------------------------------------------------

    \1\ PAS filed a redacted copy of the draft written temporary 
trackage rights agreement as an exhibit to its verified notice, 
along with a separate motion for protective order pursuant to 49 CFR 
1104.14. On September 22, 2023, PAS filed redacted and unredacted 
copies of the fully executed agreement. PAS's motion for protective 
order is addressed in a separate decision.
---------------------------------------------------------------------------

    According to PAS, its use of the Line would be limited to 
repositioning locomotives. PAS states that Pittsburg & Shawmut 
Railroad, LLC d/b/a Berkshire & Eastern Railroad (B&E) currently serves 
as the contract operator of PAS and that PAS/B&E serve a facility 
located on PAS's line, just west of its connection to the Line. PAS 
explains that due to a lack of space on PAS's line between the facility 
and CPF 312, PAS/B&E do not have sufficient headroom to reposition PAS/
B&E locomotives serving the facility, resulting in inefficiency and 
congestion on PAS's network. PAS notes an urgent need to reduce 
congestion on the PAS network and states that the limited overhead 
temporary trackage rights sought in this docket would provide PAS/B&E 
with the necessary head and tail room to reposition locomotives while 
PAS pursues a long-term solution to the issue, namely installation of a 
``cross-over'' on PAS's line. PAS states that procurement and 
installation of the cross-over will take approximately 75 days, and 
that, based on that schedule, the parties have agreed that the 
temporary overhead trackage rights will expire on December 5, 2023.
    On September 22, 2023, PAS filed a petition to waive the 
requirement under 49 CFR 1180.4(g) that a verified notice be filed at 
least 30 days before the transaction is consummated and to allow the 
exemption to take effect immediately, or no later than September 28, 
2023. The effective date of the exemption will be addressed in a 
separate decision on the waiver request.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad,

[[Page 66929]]

360 I.C.C. 653 (1980), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    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.
    All pleadings, referring to Docket No. FD 36726, must be filed with 
the Surface Transportation Board 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 PAS's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to PAS, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(3) and from historic 
reporting requirements under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 25, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-21268 Filed 9-27-23; 8:45 am]
BILLING CODE 4915-01-P
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