83 FR 54162 - Iowa & Middletown Railway LLC-Lease and Operation Exemption-American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 208 (October 26, 2018)
Federal Register Volume 83, Issue 208 (October 26, 2018)
| Page Range | 54162-54162 | |
| FR Document | 2018-23472 |
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)] [Notices] [Page 54162] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23472] [[Page 54162]] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36231] Iowa & Middletown Railway LLC--Lease and Operation Exemption-- American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command Iowa & Middletown Railway LLC (I&M), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from American Ordnance LLC (AO), as owner's representative for the U.S. Army Joint Munitions Command (JMC), and to operate, within the Iowa Army Ammunition Plant (Plant),\1\ approximately four miles of track (Line).\2\ According to I&M, there are no mileposts assigned to the Line. The Line is located in Des Moines County, Iowa, on a portion of the Plant that JMC no longer needs and will be repurposed as a business park. --------------------------------------------------------------------------- \1\ The Plant is owned by JMC. According to I&M, AO and JMC are parties to an Operations and Maintenance Agreement that permits AO to grant rights to use certain property within the Plant, including the railroad tracks. \2\ I&M states that the lease also includes a number of other tracks that will be operated by I&M under as yard and industrial tracks for which no Board authority is required. --------------------------------------------------------------------------- I&M states that upon consummation of the transaction and the commencement of operations, I&M will be a Class III carrier. I&M states that it is leasing the Line in order to provide common carrier rail service to transload customers and other rail customers that may locate in the planned business park. I&M states it will originate and terminate freight traffic and conduct loading and unloading operations and that it will also offer rail car storage and car repair services within the Plant. The Line connects with BNSF Railway Company (BNSF) at Middletown, Iowa, and I&M is working with BNSF to establish interchange there. According to I&M, it intends to commence common carrier operations on or about January 1, 2019. I&M states, however, that Eyal Shapira, President of I&M, would file a related notice of exemption for common control of I&M and other railroads under his control. Mr. Shapira filed that notice in Eyal Shapira--Continuance in Control Exemption--Iowa & Middletown Railway, Docket No. FD 36232, on October 23, 2018.\3\ Therefore, the effective date of this lease and operation exemption will be held in abeyance pending review of Mr. Shapira's notice of exemption. --------------------------------------------------------------------------- \3\ The notice of exemption in Docket No. FD 36232 also relates to a concurrently filed notice of exemption in Wolf Creek Railroad LLC--Lease & Operation Exemption--American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command, Docket No. FD 36236. --------------------------------------------------------------------------- I&M certifies that its projected annual revenues as a result of this transaction will not exceed $5 million or result in the creation of a Class II or Class I rail carrier. I&M also certifies that the lease does not impose or include an interchange commitment. 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 seven days before the exemption becomes effective; a deadline for filing petitions for stay will be established in a future decision that establishes an effective date for this exemption. An original and 10 copies of all pleadings, referring to Docket No. FD 36231, 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 Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. According to I&M, this action is exempt from environmental review under 49 CFR 1105.6(c) and exempt from historic review under 49 CFR 1105.8(b). Board decisions and notices are available on our website at www.stb.gov. Decided: October 23, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018-23472 Filed 10-25-18; 8:45 am] BILLING CODE 4915-01-P
![54162 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
SURFACE TRANSPORTATION BOARD exemption will be held in abeyance Impoundment 2 and construct a new
pending review of Mr. Shapira’s notice process water basin (PWB). A notice of
[Docket No. FD 36231]
of exemption. availability (NOA) of the Final
Iowa & Middletown Railway LLC— I&M certifies that its projected annual Supplemental Environmental Impact
Lease and Operation Exemption— revenues as a result of this transaction Statement (SEIS) for Shawnee Fossil
American Ordnance LLC, Owner’s will not exceed $5 million or result in Plant Coal Combustion Residual (CCR)
Representative for U.S. Army Joint the creation of a Class II or Class I rail Management was published in the
Munitions Command carrier. Federal Register on August 31, 2018.
I&M also certifies that the lease does The Final SEIS identified TVA’s
Iowa & Middletown Railway LLC not impose or include an interchange preferred alternative as Alternative C—
(I&M), a noncarrier, has filed a verified commitment. Closure-in-Place and Regrading of the
notice of exemption under 49 CFR If the verified notice contains false or SWL and Ash Impoundment 2 and
1150.31 to lease from American misleading information, the exemption Construction of a New PWB. TVA’s
Ordnance LLC (AO), as owner’s is void ab initio. Petitions to revoke the decision would achieve the purpose and
representative for the U.S. Army Joint exemption under 49 U.S.C. 10502(d) need to manage the disposal of CCR
Munitions Command (JMC), and to may be filed at any time. The filing of materials on a dry basis and to meet the
operate, within the Iowa Army a petition to revoke will not U.S. Environmental Protection Agency’s
Ammunition Plant (Plant),1 automatically stay the effectiveness of 2015 CCR regulations, as well as the
approximately four miles of track the exemption. Petitions for stay must Commonwealth of Kentucky’s
(Line).2 According to I&M, there are no be filed no later than seven days before regulations.
mileposts assigned to the Line. The Line the exemption becomes effective; a FOR FURTHER INFORMATION CONTACT:
is located in Des Moines County, Iowa, deadline for filing petitions for stay will Ashley Pilakowski, Project
on a portion of the Plant that JMC no be established in a future decision that Environmental Planning, NEPA
longer needs and will be repurposed as establishes an effective date for this Specialist, Tennessee Valley Authority,
a business park. exemption. 400 W. Summit Hill Drive Knoxville,
I&M states that upon consummation An original and 10 copies of all TN 37902; telephone 865–632–2256, or
of the transaction and the pleadings, referring to Docket No. FD by email aapilakowski@tva.gov. The
commencement of operations, I&M will 36231, must be filed with the Surface Final SEIS, this Record of Decision and
be a Class III carrier. I&M states that it Transportation Board, 395 E Street SW, other project documents are available on
is leasing the Line in order to provide Washington, DC 20423–0001. In TVA’s website https://www.tva.gov/
common carrier rail service to transload addition, one copy of each pleading nepa.
customers and other rail customers that must be served on Eric M. Hocky, Clark SUPPLEMENTARY INFORMATION: In
may locate in the planned business Hill PLC, One Commerce Square, 2005 December 2017, TVA issued the
park. I&M states it will originate and Market Street, Suite 1000, Philadelphia, Shawnee Fossil Plant Coal Combustion
terminate freight traffic and conduct PA 19103. Residual Management Final
loading and unloading operations and According to I&M, this action is Environmental Impact Statement (Final
that it will also offer rail car storage and exempt from environmental review EIS). The year-long assessment called
car repair services within the Plant. The under 49 CFR 1105.6(c) and exempt for closing both the SWL and Ash
Line connects with BNSF Railway from historic review under 49 CFR Impoundment 2, as well as building and
Company (BNSF) at Middletown, Iowa, 1105.8(b). operating a new lined landfill to store
and I&M is working with BNSF to Board decisions and notices are
dry CCR waste produced by SHF in the
establish interchange there. available on our website at www.stb.gov.
future. In the Final EIS, TVA identified
According to I&M, it intends to Decided: October 23, 2018. its preferred alternative as Alternative
commence common carrier operations
By the Board, Scott M. Zimmerman, Acting B—Construction of an Onsite CCR
on or about January 1, 2019. I&M states, Director, Office of Proceedings. Landfill, Closure-in-Place of Ash
however, that Eyal Shapira, President of
Jeffrey Herzig, Impoundment 2 with a Reduced
I&M, would file a related notice of
Clearance Clerk. Footprint, and Closure-in-Place of the
exemption for common control of I&M
SWL. On January 16, 2018, TVA issued
and other railroads under his control. [FR Doc. 2018–23472 Filed 10–25–18; 8:45 am]
a record of decision (ROD) to implement
Mr. Shapira filed that notice in Eyal BILLING CODE 4915–01–P
construction of the new dry CCR
Shapira—Continuance in Control
landfill, and elected to further consider
Exemption—Iowa & Middletown
the alternatives regarding the closure of
Railway, Docket No. FD 36232, on TENNESSEE VALLEY AUTHORITY
the SWL and Ash Impoundment 2
October 23, 2018.3 Therefore, the
Shawnee Fossil Plant Coal before making a decision. The Final EIS
effective date of this lease and operation
Combustion Residual Management and ROD can be viewed here: https://
1 The Plant is owned by JMC. According to I&M,
www.tva.gov/nepa.
AO and JMC are parties to an Operations and AGENCY: Tennessee Valley Authority. TVA prepared the SEIS to further
Maintenance Agreement that permits AO to grant ACTION: Issuance of Record of Decision. analyze the alternatives for closure of
rights to use certain property within the Plant, the SWL and Ash Impoundment 2.
including the railroad tracks. SUMMARY: This notice is provided in Additionally, while a preliminary
2 I&M states that the lease also includes a number
accordance with the Council on
khammond on DSK30JT082PROD with NOTICES
of other tracks that will be operated by I&M under
location for the PWB was considered in
as yard and industrial tracks for which no Board Environmental Quality’s regulations and the 2017 Final EIS, upon further
authority is required. Tennessee Valley Authority’s (TVA) investigation TVA chose to consider
3 The notice of exemption in Docket No. FD procedures for implementing the additional alternative locations for the
36232 also relates to a concurrently filed notice of National Environmental Policy Act PWB in the SEIS.
exemption in Wolf Creek Railroad LLC—Lease &
Operation Exemption—American Ordnance LLC,
(NEPA). TVA has decided to close the The purpose and need of ceasing CCR
Owner’s Representative for U.S. Army Joint Shawnee Fossil Plant (SHF) Special management operations at both the SWL
Munitions Command, Docket No. FD 36236. Waste Landfill (SWL) and Ash and Ash Impoundment 2 and closing
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Document Created: 2018-10-26 02:29:47
Document Modified: 2018-10-26 02:29:47
| 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 54162 |
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