81 FR 67419 - Lehigh Railway, LLC-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67419-67420
FR Document		2016-23695

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67419-67420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23695]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36062]


Lehigh Railway, LLC--Lease Exemption Containing Interchange 
Commitment--Norfolk Southern Railway Company

    Lehigh Railway, LLC (LRWY), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to continue to lease 
from Norfolk Southern Railway Company (NSR), and to operate, 
approximately 56.0 miles of rail line between milepost IS 269.5 at 
Athens, Pa., and milepost IS 213.5 at Mehoopany, Pa., in Bradford and 
Wyoming Counties, Pa., including any sidings, sidetracks, yards, or 
facilities presently owned by NSR that are accessed via the line.
    LRWY states that LRWY and NSR have entered into an amended lease 
agreement \1\ (Amended Lease) which served to renew the original lease 
agreement (Original Lease) that the parties had previously entered into 
on

[[Page 67420]]

October 28, 2008.\2\ According to LRWY, the Amended Lease extends the 
term of the Original Lease to December 31, 2023, and includes other 
changes. As required under 49 CFR 1150.43(h)(1), LRWY has disclosed in 
its verified notice that the Amended Lease contains an interchange 
commitment in the form of lease credits. LRWY states that these credits 
were part of the Original Lease and the terms of the credits in the 
Amended Lease remain unchanged. LRWY has provided additional 
information regarding the interchange commitment, as required by 49 CFR 
1150.43(h). LRWY notes that it will continue to be the operator of the 
line.
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    \1\ LRWY filed a confidential, complete version of the Amended 
Lease with its notice of exemption to be kept confidential by the 
Board under 49 CFR 1104.14(a) without need for the filing of an 
accompanying motion for protective order under 49 CFR 1104.14(b).
    \2\ LRWY was granted authority to lease and operate the rail 
line in Lehigh Railway, LLC--Lease & Operation Exemption--Norfolk 
Southern Railway, FD 35192 (STB served Nov. 14, 2008).
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    LRWY certifies that the projected annual revenues as a result of 
the proposed transaction will not result in LRWY's becoming a Class II 
or Class I rail carrier and will not exceed $5 million.
    The transaction may be consummated on or after October 15, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption 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 by 
October 7, 2016 (at least seven days prior to the date the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36062, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on applicant's representative, Kevin M. Sheys, 
Nossaman LLP, 1666 K Street NW., Suite 500, Washington, DC 20006.
    According to LRWY, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: September 27, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-23695 Filed 9-29-16; 8:45 am]
 BILLING CODE 4915-01-P

67420 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

October 28, 2008.2 According to LRWY, DEPARTMENT OF TRANSPORTATION 65 from the I–80 separation to the
the Amended Lease extends the term of Pleasant Grove Boulevard interchange
the Original Lease to December 31, Federal Highway Administration (post miles R4.8–R7.3) in the cities of
2023, and includes other changes. As Roseville and Rocklin. The total length
required under 49 CFR 1150.43(h)(1), Notice of Final Federal Agency Actions of the project is 2.5 miles along SR 65
LRWY has disclosed in its verified on Proposed Highway in California and 4.2 miles along I–80. The actions by
notice that the Amended Lease contains AGENCY: Federal Highway the Federal agencies, and the laws
an interchange commitment in the form Administration (FHWA), DOT. under which such actions were taken,
of lease credits. LRWY states that these ACTION: Notice of limitation on claims are described in the Final
credits were part of the Original Lease for judicial review of actions by the Environmental Assessment (FEA) for
and the terms of the credits in the California Department of Transportation the project, approved on 9/8/16, in the
Amended Lease remain unchanged. (Caltrans), pursuant to 23 U.S.C. 327. FHWA Finding of No Significant Impact
LRWY has provided additional (FONSI) issued on 9/8/16, and in other
information regarding the interchange SUMMARY: The FHWA, on behalf of documents in the FHWA project
commitment, as required by 49 CFR Caltrans, is issuing this notice to records. The FEA, FONSI and other
1150.43(h). LRWY notes that it will announce actions taken by Caltrans, that project records are available by
continue to be the operator of the line. are final within the meaning of 23 contacting Caltrans at the addresses
LRWY certifies that the projected U.S.C. 139(l)(1). The actions relate to a provided above. This notice applies to
annual revenues as a result of the proposed highway project, located on all Federal agency decisions as of the
proposed transaction will not result in Interstate 80 between post miles 1.9 to issuance date of this notice and all laws
LRWY’s becoming a Class II or Class I 6.1 and on State Route 65 between post under which such actions were taken,
rail carrier and will not exceed $5 miles R4.8 to R7.3 in the County of including but not limited to:
million. Placer, State of California. Those actions 1. Council on Environmental Quality
grant licenses, permits, and approvals Regulations
The transaction may be consummated
for the project. 2. National Environmental Policy Act of
on or after October 15, 2016, the
effective date of the exemption (30 days DATES: By this notice, the FHWA, on 1969, as amended, 42 U.S.C. 4321 et
after the verified notice of exemption behalf of Caltrans, is advising the public seq.
was filed). If the verified notice contains of final agency actions subject to 23 3. Federal-Aid Highway Act of 1970, 23
false or misleading information, the U.S.C. 139(l)(1). A claim seeking U.S.C 109
exemption is void ab initio. Petitions to judicial review of the Federal agency 4. MAP–21, the Moving Ahead for
revoke the exemption under 49 U.S.C. actions on the highway project will be Progress in the 21st Century Act
10502(d) may be filed at any time. The barred unless the claim is filed on or (Pub. L. 112–141)
filing of a petition to revoke will not before February 27, 2017. If the Federal 5. Clean Air Act Amendments of 1990
automatically stay the effectiveness of law that authorizes judicial review of a (CAAA)
the exemption. Petitions to stay must be claim provides a time period of less 6. Clean Water Act of 1977 and 1987
than 150 days for filing such claim, then 7. Federal Water Pollution Control Act
filed by October 7, 2016 (at least seven
that shorter time period still applies. of 1972 (see Clean Water Act of
days prior to the date the exemption
FOR FURTHER INFORMATION CONTACT: For 1977 & 1987)
becomes effective).
Caltrans: Adele Pommerenck, Senior 8. Federal Land Policy and Management
An original and 10 copies of all Act of 1976 (Paleontological
pleadings, referring to Docket No. FD Environmental Planner, California
Department of Transportation—District Resources)
36062, must be filed with the Surface 9. Noise Control Act of 1972
Transportation Board, 395 E Street SW., 3, 703 B Street, Marysville, California,
95901, during normal business hours 10. Safe Drinking Water Act of 1944, as
Washington, DC 20423–0001. In amended
addition, a copy of each pleading must from 8:00 a.m. to 5:00 p.m., telephone
(530) 741–4215 or email 11. Endangered Species Act of 1973
be served on applicant’s representative, 12. Executive Order 11990, Protection of
Kevin M. Sheys, Nossaman LLP, 1666 K adele.pommerenck@dot.ca.gov.
Wetlands
Street NW., Suite 500, Washington, DC SUPPLEMENTARY INFORMATION: Effective 13. Executive Order 13112, Invasive
20006. July 1, 2007, the Federal Highway Species
According to LRWY, this action is Administration (FHWA) assigned, and 14. Executive Order 13186, Migratory
categorically excluded from the California Department of Birds
environmental review under 49 CFR Transportation (Caltrans) assumed, 15. Fish and Wildlife Coordination Act
1105.6(c). environmental responsibilities for this of 1934, as amended
project pursuant to 23 U.S.C. 327. 16. Migratory Bird Treaty Act
Board decisions and notices are Notice is hereby given that the Caltrans,
available on our Web site at 17. Water Bank Act Wetlands Mitigation
has taken final agency actions subject to Banks, ISTEA 1991, Sections 1006–
WWW.STB.GOV. 23 U.S.C. 139(l)(1) by issuing licenses, 1007
Decided: September 27, 2016. permits, and approvals for the following 18. Wildflowers, Surface Transportation
By the Board, Rachel D. Campbell, highway project in the State of and Uniform Relocation Act of 1987
Director, Office of Proceedings. California: improve the Interstate 80/ Section 130
Kenyatta Clay, State Route 65 (I–80/SR 65) interchange 19. Coastal Zone Management Act of
in Placer County, California, to reduce
mstockstill on DSK3G9T082PROD with NOTICES

Clearance Clerk. 1972
[FR Doc. 2016–23695 Filed 9–29–16; 8:45 am]
future traffic congestion, improve 20. Coastal Zone Management Act
operations and safety, and comply with Reauthorization Amendments Of
BILLING CODE 4915–01–P
current Caltrans and local agency design 1990
2 LRWY was granted authority to lease and
standards. The project limits consist of 21. Executive Order 11988, Floodplain
operate the rail line in Lehigh Railway, LLC—Lease
I–80 from the Douglas Boulevard Management
& Operation Exemption—Norfolk Southern interchange to the Rocklin Road 22. Department of Transportation (DOT)
Railway, FD 35192 (STB served Nov. 14, 2008). interchange (post miles 1.9–6.1) and SR Executive Order 5650.2—

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Document Created: 2018-02-09 13:33:37
Document Modified: 2018-02-09 13:33:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 67419