65784 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices 

1FGA filed a confidential version of the freight 

operating agreement 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). 

Baldwin, Fla., at or near CSXT milepost 

SP 653.3, and Chattahoochee, Fla., at or 

near CSXT milepost SP 842.5; (2) the 

P&A Subdivision between 

Chattahoochee, at or near CSXT 

milepost 00K810.7, and Pensacola, Fla., 

at or near CSXT milepost 00K651.0; and 

(3) portions of the Bainbridge 

Subdivision between Tallahassee, Fla., 

at or near CSXT milepost SLC 52.0, and 

Attapulgus, Ga., at or near CSXT 

milepost SLC 79.0 (collectively, the 

‘‘Lines’’). 

As part of this transaction, CSXT will 

retain limited overhead trackage rights 

only for the movement of certain CSXT 

freight traffic, in CSXT’s trains, 

locomotives, cars, and equipment with 

CSXT’s own crews over the following 

segments of the Lines: (1) The 

Tallahassee Subdivision between the 

connection with CSXT at Baldwin, at or 

near CSXT milepost SP 653.3 and 

Chattahoochee, at or near CSXT 

milepost SP 842.5; and (2) the P&A 

Subdivision between Chattahoochee, at 

or near CSXT milepost 00K810.7, and 

the connection with CSXT at Pensacola, 

at or near CSXT milepost 00K 651.0. In 

addition, FGA will acquire trackage 

rights to operate its trains, locomotives, 

cars and equipment with its own crews, 

solely for the purposes of conducting 

interchange with CSXT, on the 

following segments of CSXT rail lines: 

(1) CSXT milepost 00K651.0 to milepost 

00K 649.0, near Pensacola; and (2) 

CSXT milepost SP 653.3 to milepost S 

653.0, near Baldwin. 

This transaction is related to a 

concurrently filed verified notice of 

exemption under 49 CFR 1180.2(d)(2) in 

RailUSA, LLC & American Rail Partners, 

LLC—Continuance in Control 

Exemption—Florida Gulf & Atlantic 

Railroad, LLC, Docket No. FD 36248, in 

which RailUSA, LLC, and American 

Rail Partners, LLC, the direct owner and 

indirect owner of FGA, respectively, 

seek Board approval to continue in 

control of FGA upon FGA’s becoming a 

Class III rail carrier. 

As required under 49 CFR 

1150.33(h)(1), FGA has disclosed in its 

verified notice that the freight operating 

agreement between FGA and CSXT1

contains an interchange commitment 

that affects the interchange with carriers 

other than CSXT at the interchange 

points of Chattahoochee and Cottondale, 

Fla. In addition, FGA has provided the 

additional information regarding the 

interchange commitment required by 

section 1150.33(h)(1). 

FGA certifies that its projected annual 

revenues do not exceed those that 

would qualify it as a Class III rail 

carrier. FGA notes, however, that its 

annual operating revenues will exceed 

$5 million. Accordingly, in compliance 

with 49 CFR 1150.32(e), FGA certified 

on November 6, 2018, that, on that day, 

the required 60-day notice of this 

transaction was posted at the 

workplaces of CSXT employees on the 

Lines and served on the national offices 

of those employees’ unions. 

The earliest this transaction may be 

consummated is January 6, 2019, the 

effective date of the exemption (30 days 

after the verified notice 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 no later than December 28, 2018 (at 

least seven days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

36247, 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 Peter W. Denton, Steptoe 

& Johnson LLP, 1330 Connecticut Ave. 

NW, Washington, DC 20036. 

According to FGA, this action is 

excluded from environmental review 

under 49 CFR 1105.6(c) and from 

historic reporting under 49 CFR 

1105.8(b)(1). 

Board decisions and notices are 

available on our website at www.stb.gov. 

Decided: December 14, 2018. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2018–27524 Filed 12–20–18; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 290 (Sub-No. 5) (2019–1)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

first quarter 2019 Rail Cost Adjustment 

Factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The first quarter 2019 RCAF 

(Unadjusted) is 1.058. The first quarter 

2019 RCAF (Adjusted) is 0.448. The first 

quarter 2019 RCAF–5 is 0.419. 

DATES: Applicability Date: January 1, 

2019. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our website at www.stb.gov. Copies 

of the decision may be purchased by 

contacting the Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238. 

Assistance for the hearing impaired is 

available through FIRS at (800) 877– 

8339. 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

By the Board, Board Members Begeman 

and Miller. 

Decided: December 17, 2018. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2018–27750 Filed 12–20–18; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36248] 

RailUSA, LLC and American Rail 

Partners, LLC—Continuance in Control 

Exemption—Florida Gulf & Atlantic 

Railroad, LLC 

RailUSA, LLC (RailUSA) and 

American Rail Partners, LLC (ARP), 

each a noncarrier, have filed a verified 

notice of exemption pursuant to 49 CFR 

1180.2(d)(2) to continue in control of 

Florida Gulf & Atlantic Railroad, LLC 

(FGA), upon FGA’s becoming a Class III 

rail carrier. FGA is a newly formed 

noncarrier entity that is wholly owned 

by RailUSA. RailUSA, in turn, is wholly 

owned by ARP. Thus, RailUSA directly 

controls FGA, and ARP indirectly 

controls FGA. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Florida Gulf & Atlantic 

Railroad—Acquisition & Operation 

Exemption With Interchange 

Commitment—CSX Transportation, 

Inc., Docket No. FD 36247. In that 

proceeding, FGA seeks an exemption 

under 49 CFR 1150.31 to acquire and 

operate approximately 373 miles of rail 

line in Florida and Georgia currently 

owned and operated by CSX 

Transportation, Inc., consisting of the 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices 65785 

following: (1) The Tallahassee 

Subdivision between Baldwin, Fla., at 

or near CSXT milepost SP 653.3, and 

Chattahoochee, Fla., at or near CSXT 

milepost SP 842.5; (2) the P&A 

Subdivision between Chattahoochee, at 

or near CSXT milepost 00K810.7, and 

Pensacola, Fla., at or near CSXT 

milepost 00K651.0; and (3) portions of 

the Bainbridge Subdivision between 

Tallahassee, Fla., at or near CSXT 

milepost SLC 52.0, and Attapulgus, Ga., 

at or near CSXT milepost SLC 79.0. 

The earliest this transaction may be 

consummated is January 6, 2019, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

RailUSA and ARP currently control 

one rail carrier, Grenada Railroad, LLC 

(GRR), a Class III carrier that leases and 

operates on lines in Mississippi and 

Tennessee. RailUSA and ARP represent 

that: (1) The lines to be acquired and 

operated by FGA do not connect with 

the GRR lines; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect any rail line to be operated by 

FGA with any GRR rail line; and (3) the 

transaction does not involve a Class I 

rail carrier. Therefore, the proposed 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because only Class III carriers are 

involved. 

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 effectiveness of 

the exemption. Petitions to stay must be 

filed no later than December 28, 2018 (at 

least seven days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

36248, 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 Peter W. Denton, Steptoe 

& Johnson LLP, 1330 Connecticut Ave. 

NW, Washington, DC 20036. 

Board decisions and notices are 

available on our website at www.stb.gov. 

Decided: December 14, 2018. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2018–27522 Filed 12–20–18; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on State Route 303 Loop, State Route 

30 to Interstate 10 (Papago Freeway) in 

Goodyear, AZ 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by FHWA and other Federal 

agencies that are final. The actions 

relate to the Environmental Assessment 

(EA) and Finding of No Significant 

Impact (FONSI) for the State Route (SR) 

303 Loop (L), SR 30 to Interstate 10 (I– 

10) project in Goodyear, AZ. The actions 

grant licenses, permits, and approvals 

for the project. 

DATES: By this notice, FHWA is advising 

the public of final agency actions 

subject to 23 U.S.C. 139(l)(1). A claim 

seeking judicial review of the Federal 

agency actions on the highway project 

will be barred unless the claim is filed 

on or before May 20, 2019. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Hansen, Team Leader Planning, 

Environment, Air Quality, Realty, and 

Civil Rights Team, Federal Highway 

Administration, 4000 N Central Avenue, 

Suite 1500, Phoenix, Arizona 85012– 

3500; telephone: (602) 379–3646, fax: 

(602)382–8998, email: Alan.Hansen@

dot.gov. The FHWA Arizona Division 

Office’s normal business hours are 7:30 

a.m. to 4 p.m. (Mountain Standard 

Time). 

You may also contact: Ms. Rebecca 

Yedlin, Environmental Coordinator, 

Federal Highway Administration, 4000 

N Central Ave., Suite 1500, Phoenix, 

Arizona 85012–3500; telephone: (602) 

379–3646, fax: (602) 382–8998, email: 

Rebecca.Yedlin@dot.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following project in 

the State of Arizona: SR 303L, SR 30 to 

I–10. The actions by the Federal 

agencies and the laws under which such 

actions were taken, are described in the 

Draft EA approved on June 12, 2018, 

Final EA approved on November 6, 

2018, in the FHWA Finding of No 

Significant Impact issued on November 

6, 2018, and in other documents in the 

FHWA administrative record. Project 

decision documents are also available 

online at: https://www.azdot.gov/ 

planning/transportation-studies/loop303-from-i-10-to-sr-30/documents. This 

notice applies to all Federal agency 

decisions as of the issuance date of this 

notice and all laws under which such 

actions were taken, including but not 

limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the US 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]; Rivers and Harbors Act 

of 1899 [33 U.S.C. 401–406]; Wild and 

Scenic Rivers Act [16 U.S.C. 1271– 

1287]; Emergency Wetlands Resources 

Act [16 U.S.C. 3921, 3931]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Water: Clean Water Act 33 U.S.C. 

1251–1387. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 


amozie on DSK3GDR082PROD with NOTICES1