83_FR_51957 83 FR 51759 - The Indiana Rail Road Company and CSX Transportation Inc.-Joint Relocation Project Exemption-Terre Haute, Ind.

83 FR 51759 - The Indiana Rail Road Company and CSX Transportation Inc.-Joint Relocation Project Exemption-Terre Haute, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 198 (October 12, 2018)

Page Range51759-51760
FR Document2018-22246

Federal Register, Volume 83 Issue 198 (Friday, October 12, 2018) 
[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51759-51760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22246]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36203]


The Indiana Rail Road Company and CSX Transportation Inc.--Joint 
Relocation Project Exemption--Terre Haute, Ind.

    On September 27, 2018, the Indiana Rail Road Company (INRD) filed a 
verified notice of exemption under 49 CFR 1180.2(d)(5) to enter into a 
joint project with CSX Transportation, Inc. (CSXT), involving the 
relocation of a segment of INRD's rail line in Terre Haute, Ind.
    The purpose of the joint relocation project is to allow for the 
removal of the existing crossing diamond at Spring Hill Interlocking on 
the southeast side of Terre Haute, reduce maintenance expenses, and 
simplify track configuration and train operations at the crossing. The 
joint relocation project notice covers the following actions:
    (1) INRD will acquire overhead trackage rights on CSXT's CE&D 
subdivision extending from the connection with INRD's Hulman Lead at 
approximately CSXT milepost 0ZA 182.09 to the newly constructed INRD 
Connection at CSXT milepost 0ZA 182.13 at Spring Hill, a distance of 
approximately 0.04 miles in Terre Haute.
    (2) INRD will relocate and reconfigure approximately 800 feet of 
track southeast of Spring Hill crossing to create the new INRD 
Connection.
    (3) The diamond at Spring Hill and approximately 1000 feet of INRD 
track northwest of Spring Hill crossing will be removed.
    INRD states that there are no shippers on the involved trackage, 
and existing INRD service and operations will be preserved. Thus, INRD 
states no shippers will be adversely affected by the proposed joint 
relocation project or lose access to any rail service currently 
provided by INRD.
    The Board will exercise jurisdiction over the abandonment, 
construction, or sale components of a joint relocation project, and 
require separate approval or exemption, only where the removal of track 
affects service to shippers or the construction of new track or 
transfer of existing track involves expansion into new territory, or a 
change in existing competitive situations. See City of Detroit v. 
Canadian Nat'l Ry., 9 I.C.C.2d 1208 (1993), aff'd sub nom. Detroit/
Wayne Cty. Port Auth. v. ICC, 59 F.3d 1314 (D.C. Cir. 1995); Flats 
Indus. R.R. & Norfolk S. Ry.--Joint Relocation Project Exemption--in 
Cleveland, Ohio, FD 34108 (STB served Nov. 15, 2001). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See Detroit, Toledo & Ironton R.R.--Trackage Rights--
Between Wash. Court House & Greggs, Ohio--Exemption, 363 I.C.C. 878 
(1981).
    Under these standards, the incidental trackage rights and 
construction components require no separate approval or exemption when 
the relocation project, as here, will not disrupt service to shippers 
and thus qualifies for the class exemption at 49 CFR 1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
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, 360 I.C.C. 653 (1980).
    The transaction may be consummated on or after October 27, 2018, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    If the 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 transaction. Petitions to stay 
must be filed by October 19, 2018 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36203, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: October 9, 2018.


[[Page 51760]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-22246 Filed 10-11-18; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51759 to the President, the Congress, and the March 27, 1978, the Foreign Affairs The Board will exercise jurisdiction Administrator to the U.S. Small Reform and Restructuring Act of 1998 over the abandonment, construction, or Business Administration (SBA), on (112 Stat. 2681, et seq.; 22 U.S.C. 6501 sale components of a joint relocation issues of importance to women business note, et seq.), Delegation of Authority project, and require separate approval or owners and entrepreneurs. No. 234 of October 1, 1999, Delegation exemption, only where the removal of This meeting will celebrate the 30th of Authority No. 236–3 of August 28, track affects service to shippers or the anniversary of the establishment of 2000, and Delegation of Authority No. construction of new track or transfer of NWBC and the SBA’s Office of Women’s 236–15 of September 28, 2018. existing track involves expansion into Business Ownership. It will focus on the new territory, or a change in existing Jennifer Z. Galt, past 30 years of growth and competitive situations. See City of accomplishments of women business Principal Deputy Assistant Secretary for Detroit v. Canadian Nat’l Ry., 9 I.C.C.2d Educational and Cultural Affairs, Department owners, made possible by the passage of of State. 1208 (1993), aff’d sub nom. Detroit/ H.R. 5050. This meeting will also look Wayne Cty. Port Auth. v. ICC, 59 F.3d [FR Doc. 2018–22228 Filed 10–11–18; 8:45 am] ahead to the future of women’s business 1314 (D.C. Cir. 1995); Flats Indus. R.R. BILLING CODE 4710–05–P enterprise. SBA Administrator Linda & Norfolk S. Ry.—Joint Relocation McMahon will be participating as a Project Exemption—in Cleveland, Ohio, speaker. FD 34108 (STB served Nov. 15, 2001). Dated: October 2, 2018. SURFACE TRANSPORTATION BOARD Line relocation projects may embrace Nicole Nelson, trackage rights transactions such as the [Docket No. FD 36203] one involved here. See Detroit, Toledo Committee Management Officer (Acting). & Ironton R.R.—Trackage Rights— [FR Doc. 2018–22037 Filed 10–11–18; 8:45 am] The Indiana Rail Road Company and Between Wash. Court House & Greggs, BILLING CODE 8025–01–P CSX Transportation Inc.—Joint Ohio—Exemption, 363 I.C.C. 878 (1981). Relocation Project Exemption—Terre Under these standards, the incidental Haute, Ind. trackage rights and construction DEPARTMENT OF STATE On September 27, 2018, the Indiana components require no separate [Public Notice: 10584] Rail Road Company (INRD) filed a approval or exemption when the verified notice of exemption under 49 relocation project, as here, will not Notice of Determinations; Culturally CFR 1180.2(d)(5) to enter into a joint disrupt service to shippers and thus Significant Objects Imported for project with CSX Transportation, Inc. qualifies for the class exemption at 49 Exhibition—Determinations: ‘‘Luigi (CSXT), involving the relocation of a CFR 1180.2(d)(5). Valadier: Splendor in 18th Century segment of INRD’s rail line in Terre As a condition to this exemption, any Rome’’ Exhibition Haute, Ind. employees affected by the trackage The purpose of the joint relocation rights will be protected by the SUMMARY: Notice is hereby given of the project is to allow for the removal of the conditions imposed in Norfolk & following determinations: I hereby existing crossing diamond at Spring Hill Western Railway—Trackage Rights— determine that certain objects to be Interlocking on the southeast side of Burlington Northern, Inc., 354 I.C.C. 605 included in the exhibition ‘‘Luigi Terre Haute, reduce maintenance (1978), as modified in Mendocino Coast Valadier: Splendor in 18th Century expenses, and simplify track Railway—Lease & Operate—California Rome,’’ imported from abroad for configuration and train operations at the Western Railroad, 360 I.C.C. 653 (1980). temporary exhibition within the United crossing. The joint relocation project The transaction may be consummated States, are of cultural significance. The notice covers the following actions: on or after October 27, 2018, the objects are imported pursuant to a loan (1) INRD will acquire overhead effective date of the exemption (30 days agreement with the foreign owner or trackage rights on CSXT’s CE&D after the verified notice was filed). custodian. I also determine that the subdivision extending from the If the notice contains false or exhibition or display of the exhibit connection with INRD’s Hulman Lead at misleading information, the exemption objects at The Frick Collection, New approximately CSXT milepost 0ZA is void ab initio. Petitions to revoke the York, New York, from on or about 182.09 to the newly constructed INRD exemption under 49 U.S.C. 10502(d) October 31, 2018, until on or about Connection at CSXT milepost 0ZA may be filed at any time. The filing of January 20, 2019, and at possible 182.13 at Spring Hill, a distance of a petition to revoke will not additional exhibitions or venues yet to approximately 0.04 miles in Terre automatically stay the transaction. be determined, is in the national Haute. Petitions to stay must be filed by interest. I have ordered that Public (2) INRD will relocate and reconfigure October 19, 2018 (at least seven days Notice of these determinations be approximately 800 feet of track before the exemption becomes published in the Federal Register. southeast of Spring Hill crossing to effective). FOR FURTHER INFORMATION CONTACT: Julie create the new INRD Connection. An original and 10 copies of all Simpson, Attorney-Adviser, Office of (3) The diamond at Spring Hill and pleadings, referring to Docket No. FD the Legal Adviser, U.S. Department of approximately 1000 feet of INRD track 36203, must be filed with the Surface State (telephone: 202–632–6471; email: northwest of Spring Hill crossing will be Transportation Board, 395 E Street SW, section2459@state.gov). The mailing removed. Washington, DC 20423–0001. In address is U.S. Department of State, L/ INRD states that there are no shippers addition, a copy of each pleading must khammond on DSK30JT082PROD with NOTICES PD, SA–5, Suite 5H03, Washington, DC on the involved trackage, and existing be served on Thomas J. Litwiler, 20522–0505. INRD service and operations will be Fletcher & Sippel LLC, 29 North Wacker SUPPLEMENTARY INFORMATION: The preserved. Thus, INRD states no Drive, Suite 800, Chicago, IL 60606– foregoing determinations were made shippers will be adversely affected by 3208. pursuant to the authority vested in me the proposed joint relocation project or Board decisions and notices are by the Act of October 19, 1965 (79 Stat. lose access to any rail service currently available on our website at www.stb.gov. 985; 22 U.S.C. 2459), E.O. 12047 of provided by INRD. Decided: October 9, 2018. VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1

51760 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices By the Board, Scott M. Zimmerman, Acting ACTION: Notice of limitation on claims issuance date of this notice and all laws Director, Office of Proceedings. for judicial review of actions by TxDOT under which such actions were taken, Jeffrey Herzig, and Federal agencies. including but not limited to: Clearance Clerk. 1. General: National Environmental [FR Doc. 2018–22246 Filed 10–11–18; 8:45 am] SUMMARY: Notice is hereby given that Policy Act (NEPA) [42 U.S.C. 4321– TxDOT and Federal agencies have taken 4351]; Federal-Aid Highway Act [23 BILLING CODE 4915–01–P final agency actions by issuing licenses, U.S.C. 109]. permits, and approvals for the highway 2. Air: Clean Air Act, 42 U.S.C. 7401– projects in the State of Texas that are 7671(q). OFFICE OF THE UNITED STATES listed below. The environmental review, 3. Land: Section 4(f) of the TRADE REPRESENTATIVE consultation, and other actions required Department of Transportation Act of by applicable Federal environmental 1966 [49 U.S.C. 303]; Landscaping and [Docket Number USTR–2018–0001] laws for these projects are being, or have Scenic Enhancement (Wildflowers), 23 Exclusion of Particular Products From been, carried-out by TxDOT pursuant to U.S.C. 319. the Solar Products Safeguard statute and a Memorandum of 4. Wildlife: Endangered Species Act Measure; Correction Understanding dated December 16, [16 U.S.C. 1531–1544 and Section 2014, and executed by FHWA and 1536], Marine Mammal Protection Act AGENCY: Office of the United States TxDOT. The actions relate to various [16 U.S.C. 1361], Fish and Wildlife Trade Representative. proposed highway projects in the State Coordination Act [16 U.S.C. 661– ACTION: Notice; correction. of Texas. Those actions grant licenses, 667(d)], Migratory Bird Treaty Act [16 permits, and approvals for the projects. U.S.C. 703–712]. SUMMARY: The Office of the United DATES: By this notice, TxDOT is 5. Historic and Cultural Resources: States Trade Representative published a advising the public of final agency Section 106 of the National Historic document in the Federal Register of actions subject to 23 U.S.C. 139(l)(1). A Preservation Act of 1966, as amended September 19, 2018, concerning a claim seeking judicial review of TxDOT [54 U.S.C. 300101 et seq.]; Archeological determination to exclude certain and Federal agency actions on the Resources Protection Act of 1977 [16 products from the safeguard measure on highway project will be barred unless U.S.C. 470(aa)–11]; Archeological and solar products. This notice corrects an the claim is filed on or before March 11, Historic Preservation Act [54 U.S.C. error in that document—the time the 2019. If the Federal law that authorizes 312501 et seq.]; Native American Grave modifications became applicable should judicial review of a claim provides a Protection and Repatriation Act have referenced Eastern Daylight Time time period of less than 150 days for (NAGPRA) [25 U.S.C. 3001–3013]. (EDT). 6. Social and Economic: Civil Rights filing such a claim, then that shorter Act of 1964 [42 U.S.C. 2000(d)– FOR FURTHER INFORMATION CONTACT: time period still applies. 2000(d)(1)]; American Indian Religious Victor Mroczka, Office of WTO and FOR FURTHER INFORMATION CONTACT: Freedom Act [42 U.S.C. 1996]; Farmland Multilateral Affairs, at vmroczka@ Carlos Swonke, Environmental Affairs Protection Policy Act (FPPA) [7 U.S.C. ustr.eop.gov or (202) 395–9450, or Dax Division, Texas Department of 4201–4209]. Terrill, Office of General Counsel, at Transportation, 125 East 11th Street, 7. Wetlands and Water Resources: Dax.Terrill@ustr.eop.gov or (202) 395– Austin, Texas 78701; telephone: (512) Clean Water Act, 33 U.S.C. 1251–1377 4739. 416–2734; email: carlos.swonke@ (Section 404, Section 401, Section 319); Correction: In the Federal Register of txdot.gov. TxDOT’s normal business Land and Water Conservation Fund September 19, 2018, in FR Doc. 2018– hours are 8:00 a.m.–5:00 p.m. (central (LWCF), 16 U.S.C. 4601–4604; Safe 20342, 83 FR 47393–94, on page 47393, time), Monday through Friday. Drinking Water Act (SDWA), 42 U.S.C. under the heading DATES in the first SUPPLEMENTARY INFORMATION: This 300(f)–300(j)(6); Rivers and Harbors Act column, and on page 47394, under the notice announces actions taken by of 1899, 33 U.S.C. 401–406; Wild and heading ‘V. Annex’ in the second TxDOT and Federal agencies that are Scenic Rivers Act, 16 U.S.C. 1271–1287; column, correct the date and time with final within the meaning of 23 U.S.C. Emergency Wetlands Resources Act, 16 respect to articles entered, or withdrawn 139(l)(1). The environmental review, U.S.C. 3921, 3931; TEA–21 Wetlands from a warehouse for consumption, to consultation, and other actions required Mitigation, 23 U.S.C. 103(b)(6)(m), read: On or after 12:01 a.m. EDT, on by applicable Federal environmental 133(b)(11); Flood Disaster Protection September 19, 2018. laws for these projects are being, or have Act, 42 U.S.C. 4001–4128. Jeffrey Gerrish, been, carried-out by TxDOT pursuant to 8. Executive Orders: E.O. 11990 Deputy U.S. Trade Representative. 23 U.S.C. 327 and a Memorandum of Protection of Wetlands; E.O. 11988 [FR Doc. 2018–22213 Filed 10–11–18; 8:45 am] Understanding dated December 16, Floodplain Management; E.O. 12898, 2014, and executed by FHWA and Federal Actions to Address BILLING CODE 3290–F9–P TxDOT. Environmental Justice in Minority The actions by TxDOT and Federal Populations and Low Income agencies and the laws under which such Populations; E.O. 11593 Protection and DEPARTMENT OF TRANSPORTATION actions were taken are described in the Enhancement of Cultural Resources; Categorical Exclusion (CE) or E.O. 13007 Indian Sacred Sites; E.O. Federal Highway Administration Environmental Assessment (EA) issued 13287 Preserve America; E.O. 13175 in connection with the projects and in Consultation and Coordination with khammond on DSK30JT082PROD with NOTICES Notice of Final Federal Agency Actions on Proposed Highway Projects in other key project documents. The CE or Indian Tribal Governments; E.O. 11514 Texas EA, and other key documents for the Protection and Enhancement of listed projects are available by Environmental Quality; E.O. 13112 AGENCY: Texas Department of contacting TxDOT at the address Invasive Species. (Catalog of Federal Transportation (TxDOT), Federal provided above. Domestic Assistance Program Number Highway Administration (FHWA), U.S. This notice applies to all TxDOT and 20.205, Highway Planning and Department of Transportation. Federal agency decisions as of the Construction.) VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1


Document Created: 2018-10-13 10:07:49
Document Modified: 2018-10-13 10:07:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 51759 
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