81 FR 69897 - Cedar Rapids and Iowa City Railway Company-Change in Operator Exemption-Iowa Interstate Railroad, Ltd.
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 195 (October 7, 2016)
Federal Register Volume 81, Issue 195 (October 7, 2016)
| Page Range | 69897-69898 | |
| FR Document | 2016-24322 |
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)] [Notices] [Pages 69897-69898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24322] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36057] Cedar Rapids and Iowa City Railway Company--Change in Operator Exemption--Iowa Interstate Railroad, Ltd. Cedar Rapids and Iowa City Railway Company (CRANDIC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to assume operations over a line of railroad known as the Hills Line extending from milepost 25.0 near Burlington Street in Iowa City, Iowa, to the end of the track at milepost 33.4 in Hills, Iowa, a distance of approximately 8.4 miles. CRANDIC states that it owns the Hills Line, which is currently leased to and operated by Iowa Interstate Railroad, Ltd. (IAIS).\1\ --------------------------------------------------------------------------- \1\ See Iowa Interstate R.R.--Lease Exemption--Line of Cedar Rapids & Iowa City Ry., FD 35562 (STB served Jan. 25, 2012). --------------------------------------------------------------------------- CRANDIC notes that CRANDIC and IAIS have agreed that the lease of the Hills Line by IAIS will terminate on October 26, 2016, under the terms of the governing lease agreement and that, as of that date, IAIS will relinquish to CRANDIC (and CRANDIC alone will assume) the legal obligation to provide common carrier rail service over the Hills Line. CRANDIC states that the proposed change in operator does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. CRANDIC certifies that its projected annual revenues as a result of this transaction will not result in CRANDIC's becoming a Class II or Class I rail carrier. However, because its projected annual revenues exceed $5 million, CRANDIC certifies that, pursuant to 49 CFR 1150.42(e), it provided notice on August 18, 2016, to employees on the Hills Line and on the national offices of the labor unions for those employees' unions. Additionally, under 49 CFR 1150.42(b), a change in operator requires that notice be given to shippers. CRANDIC certifies that it has provided notice of the proposed change in operator to shippers on the Hills Line. The earliest this transaction can be consummated is October 23, 2016, the effective date of the exemption. 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 October 14, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36057, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: October 4, 2016. [[Page 69898]] By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2016-24322 Filed 10-6-16; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices 69897
traffic has operated; and, therefore, none Street, Suite 2300, Minneapolis, MN CRANDIC states that it owns the Hills
needs to be rerouted over other lines; (3) 55402. Line, which is currently leased to and
no formal complaint filed by a user of If the verified notice contains false or operated by Iowa Interstate Railroad,
rail service on the Line (or by a state or misleading information, the exemption Ltd. (IAIS).1
local government entity acting on behalf is void ab initio. CRANDIC notes that CRANDIC and
of such user) regarding cessation of DM&E has filed environmental and IAIS have agreed that the lease of the
service over the Line is either pending historic reports that address the effects, Hills Line by IAIS will terminate on
with the Surface Transportation Board if any, of the abandonment on the October 26, 2016, under the terms of the
(Board) or with any U.S. District Court environment and historic resources. governing lease agreement and that, as
or has been decided in favor of OEA will issue an environmental of that date, IAIS will relinquish to
complainant within the two-year period; assessment (EA) by October 14, 2016. CRANDIC (and CRANDIC alone will
and (4) the requirements at 49 CFR Interested persons may obtain a copy of assume) the legal obligation to provide
1105.7(c) (environmental report), 49 the EA by writing to OEA (Room 1100, common carrier rail service over the
CFR 1105.11 (transmittal letter), 49 CFR Surface Transportation Board, Hills Line.
1105.12 (newspaper publication), and Washington, DC 20423–0001) or by CRANDIC states that the proposed
49 CFR 1152.50(d)(1) (notice to calling OEA at (202) 245–0305. change in operator does not involve any
governmental agencies) have been met. Assistance for the hearing impaired is provision or agreement that would limit
As a condition to this exemption, any available through the Federal future interchange with a third-party
employee adversely affected by the Information Relay Service at (800) 877– connecting carrier. CRANDIC certifies
abandonment shall be protected under 8339. Comments on environmental and that its projected annual revenues as a
Oregon Short Line Railroad— historic preservation matters must be result of this transaction will not result
Abandonment Portion Goshen Branch filed within 15 days after the EA in CRANDIC’s becoming a Class II or
Between Firth & Ammon, in Bingham & becomes available to the public. Class I rail carrier. However, because its
Bonneville Counties, Idaho, 360 I.C.C. Environmental, historic preservation, projected annual revenues exceed $5
91 (1979). To address whether this public use, or trail use/rail banking million, CRANDIC certifies that,
condition adequately protects affected conditions will be imposed, where pursuant to 49 CFR 1150.42(e), it
employees, a petition for partial appropriate, in a subsequent decision. provided notice on August 18, 2016, to
revocation under 49 U.S.C. 10502(d) Pursuant to the provisions of 49 CFR employees on the Hills Line and on the
must be filed. 1152.29(e)(2), CSXT shall file a notice of national offices of the labor unions for
consummation with the Board to signify those employees’ unions. Additionally,
Provided no formal expression of
that it has exercised the authority under 49 CFR 1150.42(b), a change in
intent to file an offer of financial
granted and fully abandoned the Line. If operator requires that notice be given to
assistance (OFA) has been received, this
consummation has not been effected by shippers. CRANDIC certifies that it has
exemption will be effective on
DM&E’s filing of a notice of provided notice of the proposed change
November 10, 2016, unless stayed
consummation by October 7, 2017, and in operator to shippers on the Hills
pending reconsideration. Petitions to
there are no legal or regulatory barriers Line.
stay that do not involve environmental
to consummation, the authority to The earliest this transaction can be
issues,1 formal expressions of intent to
abandon will automatically expire. consummated is October 23, 2016, the
file an OFA under 49 CFR
Board decisions and notices are effective date of the exemption.
1152.27(c)(2),2 and trail use/rail banking
available on our Web site at If the verified notice contains false or
requests under 49 CFR 1152.29 must be
‘‘WWW.STB.GOV.’’ misleading information, the exemption
filed by October 17, 2016. Petitions to
reopen or requests for public use Decided: October 4, 2016. is void ab initio. Petitions to revoke the
conditions under 49 CFR 1152.28 must By the Board, Rachel D. Campbell, exemption under 49 U.S.C. 10502(d)
be filed by October 27, 2016, with the Director, Office of Proceedings. may be filed at any time. The filing of
Surface Transportation Board, 395 E Rena Laws-Byrum, a petition to revoke will not
Street SW., Washington, DC 20423– Clearance Clerk. automatically stay the effectiveness of
0001.3 [FR Doc. 2016–24330 Filed 10–6–16; 8:45 am] the exemption. Petitions for stay must
A copy of any petition filed with the BILLING CODE 4915–01–P
be filed no later than October 14, 2016
Board should be sent to DM&E’s (at least seven days before the
representative: W. Karl Hansen, Stinson exemption becomes effective).
Leonard Street LLP, 150 South Fifth SURFACE TRANSPORTATION BOARD An original and 10 copies of all
pleadings, referring to Docket No. FD
[Docket No. FD 36057] 36057, must be filed with the Surface
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised Transportation Board, 395 E Street SW.,
Cedar Rapids and Iowa City Railway
by a party or by the Board’s Office of Environmental Washington, DC 20423–0001. In
Analysis (OEA) in its independent investigation)
Company—Change in Operator
addition, one copy of each pleading
cannot be made before the exemption’s effective Exemption—Iowa Interstate Railroad,
must be served on Robert A. Wimbish,
date. See Exemption of Out-of-Serv. Rail Lines, 5 Ltd.
I.C.C. 2d 377 (1989). Any request for a stay should Fletcher & Sippel LLC, 29 North Wacker
be filed as soon as possible so that the Board may Cedar Rapids and Iowa City Railway Drive, Suite 920, Chicago, IL 60606–
take appropriate action before the exemption’s Company (CRANDIC), a Class III rail 2832.
effective date.
carrier, has filed a verified notice of Board decisions and notices are
mstockstill on DSK3G9T082PROD with NOTICES
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR exemption under 49 CFR 1150.41 to available on our Web site at
1002.2(f)(25). assume operations over a line of railroad WWW.STB.GOV.
3 DM&E states that the Line may be suitable for known as the Hills Line extending from Decided: October 4, 2016.
other public purposes or trail use, and is not aware milepost 25.0 near Burlington Street in
of any restriction on title to the property, including
any reversionary interest which would affect the
Iowa City, Iowa, to the end of the track 1 See Iowa Interstate R.R.—Lease Exemption—
transfer of title or the use of the property for non- at milepost 33.4 in Hills, Iowa, a Line of Cedar Rapids & Iowa City Ry., FD 35562
rail purposes. distance of approximately 8.4 miles. (STB served Jan. 25, 2012).
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![69898 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices
By the Board, Rachel D. Campbell, design, existing and future traffic 6. Social and Economic: Civil Rights
Director, Office of Proceedings. demand, and high crash rates along Act of 1964 [42 U.S.C. 2000(d) et. seq.];
Tammy Lowery, approximately 3.5 miles of I–94. The Americans with Disabilities Act [42
Clearance Clerk. project includes reconstructing and U.S.C. 12101]; Uniform Relocation
[FR Doc. 2016–24322 Filed 10–6–16; 8:45 am] adding a through lane along I–94 in Assistance and Real Property
each direction along its existing Acquisition Act of 1970 [42 U.S.C. 4601
BILLING CODE 4915–01–P
alignment; reconstructing the 68th/70th et seq. as amended by the Uniform
Street interchange; reconstructing the Relocation Act Amendments of 1987
Hawley Road interchange as a partial [Pub. L. 100–17].
DEPARTMENT OF TRANSPORTATION interchange; closure of the Mitchell 7. Wetlands and Water Resources:
Federal Highway Administration Boulevard interchange; reconfiguring Clean Water Act (Section 404, Section
the system interchange at I–94/WIS 175/ 401, Section 319) [33 U.S.C. 1251–
Notice of Final Federal Agency Actions Miller Park Way (Stadium Interchange) 1377]; Safe Drinking Water Act [42
on Proposed Highway Project in as a hybrid between a service U.S.C. 300(f)–300(j)(6)].
Wisconsin interchange and a system interchange 8. Hazardous Materials:
(including a local road connection to Comprehensive Environmental
AGENCY: Federal Highway Mitchell Boulevard and modifying the Response, Compensation, and Liability
Administration (FHWA), DOT. WIS 175 interchange ramps at Act of 1980 (CERCLA) as amended [42
ACTION: Notice of limitation on claims Wisconsin Avenue); reconstructing the U.S.C. 9601–9675]; Superfund
for judicial review of actions by FHWA. 35th Street and 27th Street interchanges; Amendments and Reauthorization Act
and local roadway improvements to of 1986 [Pub. L. 99–499]; Resource
SUMMARY: This notice announces actions offset impacts to local traffic from Conservation and Recovery Act [42
taken by FHWA that are final within the interchange modifications. U.S.C. 6901 et. seq.].
meaning of 23 U.S.C. 139(l)(1). The The actions taken by FHWA on this 9. Executive Orders: E.O. 11990
actions relate to a proposed highway project, and laws under which such Protection of Wetlands; E.O. 11988
project, Interstate 94 (I–94) East-West actions were taken, are described in the Floodplain Management as amended by
Corridor, 70th Street to 16th Street, in Final Environmental Impact Statement E.O. 12148 and E.O. 13690; E.O. 12898,
Milwaukee County, Wisconsin. Those (FEIS), approved on January 29, 2016, in Federal Actions to Address
actions grant approvals for the project. the Record of Decision (ROD) issued on Environmental Justice in Minority
DATES: By this notice, FHWA is advising September 9, 2016, and in other Populations and Low Income
the public of final agency actions documents in the FHWA or WisDOT Populations; E.O. 13175 Consultation
subject to 23 U.S.C. 139(l)(1). A claim project records. The FEIS, ROD, and and Coordination with Indian Tribal
seeking judicial review of the Federal other project records are available by Governments; E.O. 11514 Protection and
agency actions on the highway project contacting FHWA or WisDOT at the Enhancement of Environmental Quality;
will be barred unless the claim is filed addresses provided above. The FEIS and E.O. 13112 Invasive Species.
on or before March 6, 2017. If the ROD can also be viewed on the project (Catalog of Federal Domestic Assistance
Federal law that authorizes judicial Web site: http://wisconsindot.gov/ Program Number 20.205, Highway Planning
review of a claim provides a time period Pages/projects/by-region/se/ and Construction. The regulations
of less than 150 days for filing such 94stadiumint/default.aspx. implementing Executive Order 12372
claim, then that shorter time period still This notice applies to all Federal regarding intergovernmental consultation on
applies. agency decisions as of the issuance date Federal programs and activities apply to this
of this notice and all laws under which program.)
FOR FURTHER INFORMATION CONTACT:
Michael Davies, Division Administrator, such actions were taken, including but Authority: 23 U.S.C. 139(l)(1).
FHWA Wisconsin Division Office, 525 not limited to: Issued on: September 23, 2016.
1. General: National Environmental
Junction Road Suite 8000, Madison, Michael Davies,
Policy Act (NEPA) [42 U.S.C. 4321–
Wisconsin 53717; telephone: (608) 829– Division Administrator, FHWA Wisconsin
4351]; Federal-Aid Highway Act
7500; email: Wisconsin.FHWA@dot.gov. Division, Madison, Wisconsin.
(FAHA) [23 U.S.C. 109, 23 U.S.C. 128,
The FHWA Wisconsin Division’s [FR Doc. 2016–23785 Filed 10–6–16; 8:45 am]
and 23 U.S.C 139].
normal office hours are 7 a.m. to 4 p.m. 2. Air: Clean Air Act [42 U.S.C. 7401– BILLING CODE 4910–22–P
central time. For the Wisconsin 7671(q)].
Department of Transportation 3. Land: Section 4(f) of the
(WisDOT): Jason Lynch, PE, Wisconsin Department of Transportation Act of DEPARTMENT OF TRANSPORTATION
Department of Transportation, 1966 [23 U.S.C. 138 and 49 U.S.C. 303].
Southeast Region, 141 NW Barstow Maritime Administration
4. Wildlife: Endangered Species Act of
Street, Waukesha, Wisconsin 53187; 1973 [16 U.S.C. 1531–1544 and Section [Docket No. MARAD–2016 0095]
telephone: (414) 750–1803; email: 1536]; Fish and Wildlife Coordination
jason.lynch@dot.wi.gov. Act [16 U.S.C. 661–667(d)]; Migratory Requested Administrative Waiver of
SUPPLEMENTARY INFORMATION: Notice is Bird Treaty Act [16 U.S.C. 703–712]. the Coastwise Trade Laws: Vessel
hereby given that FHWA has taken final 5. Historic and Cultural Resources: Southern Cross; Invitation for Public
agency actions subject to 23 U.S.C. Section 106 of the National Historic Comments
139(l)(1) by issuing approval for the Preservation Act of 1966, as amended
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY: Maritime Administration,
following highway project: Interstate 94 [16 U.S.C. 470(f) et seq.]; Archeological Department of Transportation.
(I–94) East-West Corridor, 70th Street to Resources Protection Act of 1977 [16 ACTION: Notice.
16th Street, in Milwaukee County, U.S.C. 470(aa)–470(ll)]; Archeological
Wisconsin, Wisconsin DOT Project I.D. and Historic Preservation Act [16 U.S.C. SUMMARY: As authorized by 46 U.S.C.
1060–27–00. The purpose of the project 469–469(c)]; Native American Grave 12121, the Secretary of Transportation,
is to address the deteriorated condition Protection and Repatriation Act [25 as represented by the Maritime
of I–94, obsolete roadway and bridge U.S.C. 3001 et seq.]. Administration (MARAD), is authorized
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Document Created: 2018-02-13 16:31:28
Document Modified: 2018-02-13 16:31:28
| 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 69897 |
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