83 FR 17585 - Hennepin County Regional Railroad Authority-Acquisition Exemption-in Hennepin County, Minn

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range		17585-17586
FR Document		2018-08337
Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17585-17586]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08337]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36177]


Hennepin County Regional Railroad Authority--Acquisition 
Exemption--in Hennepin County, Minn

    The Hennepin County Regional Railroad Authority (HCRRA), a Class 
III carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from Soo Line Railroad Company d/b/a Canadian 
Pacific (CP) a permanent, irrevocable, exclusive rail freight operating 
easement over the Bass Lake Spur, which extends from Milepost 435.06 in 
Hopkins, Hennepin County, Minn., to Milepost 428.38 in St. Louis Park, 
Hennepin County, Minn., a distance of approximately 6.7 miles (the 
Line).
    HCRRA states that the Line includes a portion of the connecting 
track between the Bass Lake Spur and CP's Minneapolis, Northfield and 
Southern Spur in St. Louis Park. According to HCRRA, together with the 
Kenilworth Corridor,\1\ the Line connects a line of Twin Cities & 
Western Railroad Company (TCWR) to the west with a line of BNSF Railway 
Company to the east.
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    \1\ HCRRA states that the Kenilworth Corridor is a 2.6-mile 
segment of rail line and right-of-way west of the Line, presently 
owned by HCRRA, and over which Twin Cities & Western Railroad 
Company and CP have trackage rights. HCRRA further states that these 
tracks, and this Notice of Exemption, are directly related to a 
petition for declaratory order that was contemporaneously filed in 
Docket No. FD 36178 by the Metropolitan Council, a non-railroad, 
political subdivision of the State of Minnesota. According to HCRRA, 
the proposed transaction is intended to facilitate the planning and 
future construction of the Southwest Light Rail Transit Project--
managed by the Metropolitan Council--which, when complete, will 
provide transit light rail service from downtown Minneapolis through 
the communities of St. Louis Park, Hopkins, Minnetonka, and Eden 
Prairie.
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    HCRRA further states that, through the proposed transaction, HCRRA 
intends to acquire CP's common carrier rights and obligations with 
respect to the Line. Immediately following HCRRA's acquisition, 
according to HCRRA, CP intends to transfer the trackage and underlying 
real estate to the Metropolitan Council, subject to HCRRA's permanent 
and exclusive rail freight operating easement. HCRRA states that TCWR 
operates over the Line pursuant to overhead trackage rights granted by 
CP, which maintains the Line but does not operate on it. Upon 
consummation of the transaction, HCRRA states, CP will execute an 
agreement assigning to HCRRA its rights and responsibilities under the 
TCWR trackage rights agreement that pertain to the Line. HCRRA asserts 
that it will have permanent and adequate rights to ensure the provision 
of any required common carrier service on the Line, and neither HCRRA 
nor the Metropolitan Council will unreasonably interfere with or 
restrict TCWR's continued overhead operations.
    According to HCRRA, it has negotiated an Easement Agreement with CP 
and the Metropolitan Council setting forth the parties' respective 
rights and obligations in connection with HCRRA's acquisition of the 
easement that will allow HCRRA to acquire and fulfill CP's common 
carrier rights and obligations

[[Page 17586]]

with respect to the Line, and the transfer of the associated trackage 
and underlying real estate to the Metropolitan Council.
    HCRRA certifies that its revenues from freight operations will not 
result in the creation of a Class I or Class II carrier. HCRRA also 
certifies that the proposed acquisition does not involve an interchange 
commitment or other limitation of future interchange with a third-party 
connecting carrier.
    HCRRA states that the parties expect the transactions to be 
consummated in the second quarter of 2018. The earliest this 
transaction may be consummated is May 5, 2018 (30 days after the 
verified notice of exemption was filed).
    According to HCRRA, its proposed acquisition of the Line is exempt 
from environmental reporting requirements under 49 CFR 1105.6(c)(1)(i) 
and from historic preservation reporting under 49 CFR 1105.8(b)(1).
    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 April 27, 
2018 (at least seven days before the exemption becomes effective).\2\
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    \2\ In letters filed on April 16, 2018, the City of Stewart, 
Minn., and Farmward Cooperative ask the Board to stay the 
effectiveness of the notice ``in order to solicit the views of 
others affected by this transaction,'' including shippers. This 
request will be addressed in a separate decision.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36177, 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 Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Avenue NW, Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: April 17, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-08337 Filed 4-19-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices 17585

Delegation of Authority No. 236–3 of DEPARTMENT OF STATE Lake Spur, which extends from
August 28, 2000. Milepost 435.06 in Hopkins, Hennepin
[Public Notice 10392]
County, Minn., to Milepost 428.38 in St.
Marie Therese Porter Royce, Louis Park, Hennepin County, Minn., a
Assistant Secretary for Educational and
Notice of Change of Ownership of
Permit Holder of Presidential Permit distance of approximately 6.7 miles (the
Cultural Affairs, Department of State. Line).
for Detroit River Crossing Pipeline
[FR Doc. 2018–08294 Filed 4–19–18; 8:45 am] HCRRA states that the Line includes
Facilities on the Border of the United
BILLING CODE 4710–05–P a portion of the connecting track
States and Canada
between the Bass Lake Spur and CP’s
AGENCY: Department of State. Minneapolis, Northfield and Southern
DEPARTMENT OF STATE ACTION: Notice. Spur in St. Louis Park. According to
HCRRA, together with the Kenilworth
SUMMARY: Notice is hereby given of a Corridor,1 the Line connects a line of
[Public Notice: 10390]
change in ownership of cross-border Twin Cities & Western Railroad
Notice of Determinations: Culturally liquid hydrocarbon pipeline facilities at Company (TCWR) to the west with a
Significant Objects Imported for the U.S.-Canada border near Detroit, line of BNSF Railway Company to the
Exhibition Determinations: ‘‘Renoir: Michigan (‘‘Detroit River Crossing east.
Father and Son/Painting and Cinema’’ Facilities’’) authorized under a HCRRA further states that, through
Exhibition Presidential permit issued to Kinder the proposed transaction, HCRRA
Morgan Cochin LLC (‘‘KM Cochin’’) on intends to acquire CP’s common carrier
SUMMARY: Notice is hereby given of the November 3, 2015. KM Cochin rights and obligations with respect to
following determinations: I hereby transferred the Detroit River Crossing the Line. Immediately following
determine that certain objects to be Facilities to Kinder Morgan Utopia LLC HCRRA’s acquisition, according to
included in the exhibition ‘‘Renoir: (‘‘KM Utopia’’) on May 7, 2017 and HCRRA, CP intends to transfer the
Father and Son/Painting and Cinema,’’ notified the Department of this transfer trackage and underlying real estate to
imported from abroad for temporary on October 29, 2017. Consistent with the Metropolitan Council, subject to
exhibition within the United States, are the procedures set forth in Public Notice HCRRA’s permanent and exclusive rail
of cultural significance. The objects are 10111, dated Sept. 7, 2017, the freight operating easement. HCRRA
imported pursuant to loan agreements Department has reviewed that states that TCWR operates over the Line
with the foreign owners or custodians. notification and has determined that the pursuant to overhead trackage rights
change in ownership does not affect the granted by CP, which maintains the
I also determine that the exhibition or
prior national interest determination Line but does not operate on it. Upon
display of the exhibit objects at the
that resulted in issuance of the consummation of the transaction,
Barnes Foundation, Philadelphia,
Presidential permit issued to KM HCRRA states, CP will execute an
Pennsylvania, from on or about May 6,
Cochin on November 3, 2015. That agreement assigning to HCRRA its rights
2018, until on or about September 3,
permit, therefore, remains valid and the and responsibilities under the TCWR
2018, and at possible additional
Department recognizes KM Utopia as trackage rights agreement that pertain to
exhibitions or venues yet to be
holder of that permit, subject to its the Line. HCRRA asserts that it will
determined, is in the national interest.
terms and conditions. have permanent and adequate rights to
I have ordered that Public Notice of
these determinations be published in FOR FURTHER INFORMATION CONTACT: ensure the provision of any required
the Federal Register. Presidential Permit Coordinator, Energy common carrier service on the Line, and
Resources Bureau, Office of Policy neither HCRRA nor the Metropolitan
FOR FURTHER INFORMATION CONTACT: Analysis and Public Diplomacy, United Council will unreasonably interfere
Elliot Chiu, Attorney-Adviser, Office of States Department of State, 2201 C St. with or restrict TCWR’s continued
the Legal Adviser, U.S. Department of NW, Suite 4422, Washington, DC 20520. overhead operations.
State (telephone: 202–632–6471; email: Tel: 202–485–1522. According to HCRRA, it has
section2459@state.gov). The mailing negotiated an Easement Agreement with
Richard W. Westerdale II,
address is U.S. Department of State, L/ CP and the Metropolitan Council setting
Senior Advisor, Bureau of Energy Resources, forth the parties’ respective rights and
PD, SA–5, Suite 5H03, Washington, DC
Department of State.
20522–0505. obligations in connection with HCRRA’s
[FR Doc. 2018–08297 Filed 4–19–18; 8:45 am]
acquisition of the easement that will
SUPPLEMENTARY INFORMATION: The BILLING CODE 4710–AE–P allow HCRRA to acquire and fulfill CP’s
foregoing determinations were made common carrier rights and obligations
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat. SURFACE TRANSPORTATION BOARD 1 HCRRA states that the Kenilworth Corridor is a
985; 22 U.S.C. 2459), E.O. 12047 of 2.6-mile segment of rail line and right-of-way west
March 27, 1978, the Foreign Affairs [Docket No. FD 36177] of the Line, presently owned by HCRRA, and over
Reform and Restructuring Act of 1998 which Twin Cities & Western Railroad Company
Hennepin County Regional Railroad and CP have trackage rights. HCRRA further states
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 Authority—Acquisition Exemption—in that these tracks, and this Notice of Exemption, are
note, et seq.), Delegation of Authority Hennepin County, Minn directly related to a petition for declaratory order
No. 234 of October 1, 1999, and that was contemporaneously filed in Docket No. FD
The Hennepin County Regional 36178 by the Metropolitan Council, a non-railroad,
sradovich on DSK3GMQ082PROD with NOTICES

Delegation of Authority No. 236–3 of
political subdivision of the State of Minnesota.
August 28, 2000. Railroad Authority (HCRRA), a Class III According to HCRRA, the proposed transaction is
carrier, has filed a verified notice of intended to facilitate the planning and future
Marie Therese Porter Royce, exemption under 49 CFR 1150.41 to construction of the Southwest Light Rail Transit
Assistant Secretary for Educational and acquire from Soo Line Railroad Project—managed by the Metropolitan Council—
Cultural Affairs, Department of State. which, when complete, will provide transit light
Company d/b/a Canadian Pacific (CP) a rail service from downtown Minneapolis through
[FR Doc. 2018–08295 Filed 4–19–18; 8:45 am] permanent, irrevocable, exclusive rail the communities of St. Louis Park, Hopkins,
BILLING CODE 4710–05–P freight operating easement over the Bass Minnetonka, and Eden Prairie.

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17586 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices

with respect to the Line, and the transfer DEPARTMENT OF TRANSPORTATION Please submit comments or questions
of the associated trackage and regarding the Draft PEA to Stacey Zee,
underlying real estate to the Federal Aviation Administration Environmental Specialist, Federal
Metropolitan Council. Aviation Administration, c/o ICF, 9300
Office of Commercial Space Lee Hwy, Fairfax, VA 22031. Comments
HCRRA certifies that its revenues Transportation: Notice of Availability, may also be submitted by email to
from freight operations will not result in Notice of Public Comment Period, Spaceport_Colorado_PEA@icf.com.
the creation of a Class I or Class II Notice of Public Meeting, and Request
FOR FURTHER INFORMATION CONTACT: Ms.
carrier. HCRRA also certifies that the for Comment on the Draft
proposed acquisition does not involve Stacey M. Zee, Environmental
Programmatic Environmental
Specialist, Federal Aviation
an interchange commitment or other Assessment for Front Range Airport
Administration, 800 Independence Ave.
limitation of future interchange with a Launch Site Operator License,
SW, Suite 325, Washington, DC 20591;
third-party connecting carrier. Spaceport Colorado
telephone (202) 267–9305; email
HCRRA states that the parties expect AGENCY: Federal Aviation Spaceport_Colorado_PEA@icf.com.
the transactions to be consummated in Administration, DOT. SUPPLEMENTARY INFORMATION: The FAA
the second quarter of 2018. The earliest ACTION: Notice of availability, notice of has prepared the Draft PEA in
this transaction may be consummated is public comment period, notice of public accordance with the National
May 5, 2018 (30 days after the verified meeting, and request for comment. Environmental Policy Act of 1969
notice of exemption was filed). (NEPA; 42 United States Code 4321 et
SUMMARY: The FAA is announcing the seq.), the Council on Environmental
According to HCRRA, its proposed
availability of and requesting comments Quality (CEQ) Regulations for
acquisition of the Line is exempt from on the Draft Programmatic
environmental reporting requirements Implementing the Procedural Provisions
Environmental Assessment (PEA) for of NEPA (40 Code of Federal
under 49 CFR 1105.6(c)(1)(i) and from the Front Range Airport Launch Site
historic preservation reporting under 49 Regulations [CFR] parts 1500–1508),
Operator License, Spaceport Colorado. and FAA Order 1050.1F, Environmental
CFR 1105.8(b)(1). The FAA has prepared the Draft PEA to Impacts: Policies and Procedures, as
If the verified notice contains false or evaluate the potential environmental part of its licensing process. Concurrent
misleading information, the exemption impacts of issuing a Launch Site with the NEPA process, the FAA has
is void ab initio. Petitions to revoke the Operator License to the Board of County initiated National Historic Preservation
exemption under 49 U.S.C. 10502(d) Commissioners (the BOCC) of Adams Act Section 106 Consultation to
may be filed at any time. The filing of County, Colorado to operate a determine the potential effects of the
a petition to revoke will not commercial space launch site, called Proposed Action on historic properties.
automatically stay the effectiveness of ‘‘Spaceport Colorado,’’ at the Front The FAA has also consulted with the
the exemption. Petitions for stay must Range Airport (FTG), in Watkins, U.S. Fish and Wildlife Service under
be filed no later than April 27, 2018 (at Colorado. The Launch Site Operator Section 7 of the Endangered Species Act
least seven days before the exemption License would allow the BOCC to offer regarding potential impacts on federally
Spaceport Colorado to commercial listed threatened and endangered
becomes effective).2
launch providers to conduct launch species. Pursuant to the U.S.
An original and 10 copies of all operations of horizontal take-off and Department of Transportation Act of
pleadings, referring to Docket No. FD horizontal landing reusable launch 1966, this Draft PEA will comply with
36177, must be filed with the Surface vehicles (RLVs). the requirements of section 4(f) of the
Transportation Board, 395 E Street SW, DATES: Comments must be received on Act.
Washington, DC 20423–0001. In or before May 25, 2018. An electronic version of the Draft PEA
addition, a copy of each pleading must The FAA will hold a public meeting is available on the FAA Office of
be served on Charles A. Spitulnik, to solicit comments from the public Commercial Space Transportation
Kaplan Kirsch & Rockwell LLP, 1001 concerning the content and analysis in website at: https://www.faa.gov/about/
Connecticut Avenue NW, Suite 800, the Draft PEA. The public meeting will office_org/headquarters_offices/ast/
Washington, DC 20036. be held on May 17, 2018 from 5:00 p.m. environmental/nepa_docs/review/
Board decisions and notices are to 8:00 p.m. The public meeting will documents_progress/front_range/.
include an open house workshop from The FAA encourages all interested
available on our website at
5:00 p.m. to 6:00 p.m., an FAA agencies, organizations, Native
WWW.STB.GOV.
presentation from 6:00 p.m. to 6:15 American tribes, and members of the
Decided: April 17, 2018. p.m., followed by a public comment public to submit comments concerning
By the Board, Scott M. Zimmerman, Acting period from 6:15 p.m. to 8:00 p.m., the analysis presented in the Draft PEA
Director, Office of Proceedings. during which members of the public by May 25, 2018. Comments should be
Jeffrey Herzig, may provide up to a 3-minute statement. as specific as possible and address the
Clearance Clerk. The FAA will transcribe oral comments. analysis of potential environmental
All comments received during the impacts. Reviewers should organize
[FR Doc. 2018–08337 Filed 4–19–18; 8:45 am]
meeting and comment period, whether their participation so that it is
BILLING CODE 4915–01–P
provided in writing or verbally, will be meaningful and makes the agency aware
given equal weight and will be taken of the viewer’s interests and concerns
sradovich on DSK3GMQ082PROD with NOTICES

into consideration in the preparation of using quotations and other specific
the Final PEA. references to the text of the Draft PEA
2 In letters filed on April 16, 2018, the City of
ADDRESSES: The FAA will hold the and related documents. Matters that
Stewart, Minn., and Farmward Cooperative ask the
Board to stay the effectiveness of the notice ‘‘in public meeting at the following location: could have been raised with specificity
order to solicit the views of others affected by this Front Range Airport, Cafeteria, 5200 during the comment period on the Draft
transaction,’’ including shippers. This request will Front Range Parkway, Watkins, CO PEA may not be considered if they are
be addressed in a separate decision. 80137. raised for the first time later in the

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Document Created: 2018-04-20 00:02:42
Document Modified: 2018-04-20 00:02:42
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		83 FR 17585