Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 62869 

filed no later than September 20, 2023 

(at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36720, should be filed with the 

Surface Transportation Board via efiling on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on MIP GP’s representative, 

Terence M. Hynes, Sidley Austin LLP, 

1501 K Street NW, Washington, DC 

20005. 

According to MIP GP, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic preservation 

reporting requirements under 49 CFR 

1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: September 7, 2023. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Regena Smith-Bernard, 

Clearance Clerk. 

[FR Doc. 2023–19777 Filed 9–12–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36704] 

The Warren & Trumbull Railroad 

Company—Acquisition and Operation 

Exemption—Economic Development 

Rail II Corporation 

The Warren & Trumbull Railroad 

Company (WTRC), a Class III rail 

carrier, has filed a verified notice of 

exemption under 49 CFR 1150.41 to 

acquire from Economic Development 

Rail II Corporation (EDR–II), and to 

operate approximately 8.97 miles of rail 

line and associated right-of-way 

including: (1) the property known as 

North Warren Railroad located along the 

2.78 miles of track between milepost 

91.60 near the North Warren Station in 

Warren, Ohio and milepost 94.38 at 

North Warren in North Trumbull, Ohio; 

(2) the property known as a portion of 

Conrail’s Freedom Secondary Railroad 

between milepost 164.52 and milepost 

160.60 in Warren, Ohio, and the K-Mart 

Lead extending from its connection with 

the Freedom Secondary at milepost 

81.00 up to and including milepost 

81.70; (3) the K-Mart Lead from 

milepost 81.70 up to and including 

milepost 82.90; and (4) the section of 

track beginning at milepost 82.90 up to 

and including track to the east R.O.W. 

of Park Avenue being 1435.61 feet ± (the 

Lines). 

According to the verified notice, 

WTRC has operated over the Lines 

pursuant to an agreement between 

WTRC and EDR–II, and now WTRC 

seeks authority to acquire ownership of 

the Lines from EDR II. 

The verified notice states that the 

parties entered into a Purchase and Sale 

Agreement for WTRC to acquire and 

operate the Lines. WTRC states that the 

transaction will proceed as of the 

effective date of this notice of 

exemption. 

WTRC certifies that the proposed 

acquisition of the Lines does not involve 

any interchange commitments. WTRC 

further certifies that its projected 

revenues as a result of this transaction 

will not exceed those that would qualify 

it as a Class III carrier and will not 

exceed $5 million. 

The transaction may be consummated 

on or after September 27, 2023, 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 for stay must 

be filed no later than September 20, 

2023. 

All pleadings, referring to Docket No. 

FD 36704, must be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on WTRC’s 

representative, Eric M. Hocky, Clark Hill 

PLC, Two Commerce Square, 2001 

Market Street, Suite 2620, Philadelphia, 

PA 19103. 

According to WTRC, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: September 8, 2023. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2023–19788 Filed 9–12–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36705] 

Youngstown & Austintown Railroad, 

Inc.—Acquisition and Operation 

Exemption—Economic Development 

Rail Corporation 

Youngstown & Austintown Railroad, 

Inc. (YARR), a Class III rail carrier, has 

filed a verified notice of exemption 

under 49 CFR 1150.41 to acquire from 

Economic Development Rail 

Corporation (EDRC) and to operate 

approximately 2.74 miles of rail line 

known as the Y and A Branch (Line 

Code 6556) (Austintown Industrial 

Track) from approximately milepost 

0.76 (at a point south of the clearance 

point of the switch connection with 

CSX Transportation, Inc.) to 

approximately milepost 3.50 (at the 

northerly right-of-way line of Oakwood 

Avenue) in Youngstown, Mahoning 

County, Ohio (the Line). According to 

the verified notice, YARR is the current 

operator of the Line, having operated 

over the Line pursuant to an operating 

agreement between YARR and EDRC for 

over 30 years. 

The verified notice states that YARR 

has entered into a Purchase and Sale 

Agreement to acquire the Line from 

EDRC so that YARR can become the 

owner of the Line, as well as the 

operator. 

YARR certifies that the proposed 

acquisition of the Line does not involve 

any interchange commitments. YARR 

further certifies that its projected 

revenues as a result of this transaction 

will not exceed those that would qualify 

it as a Class III carrier and that its 

projected annual revenue will not 

exceed $5 million. 

The transaction may be consummated 

on or after September 27, 2023, 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 for stay must 

be filed no later than September 20, 

2023. 

All pleadings referring to Docket No. 

FD 36705, should be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on YARR’s 

representative, Eric M Hocky, Clark Hill 

PLC, Two Commerce Square, 2001 


ddrumheller on DSK120RN23PROD with NOTICES1
62870 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 

Market St., Suite 2620, Philadelphia, PA 

19103. 

According to YARR, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: September 7, 2023. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Eden Besera, 

Clearance Clerk. 

[FR Doc. 2023–19752 Filed 9–12–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2021–0010] 

Surface Transportation Project 

Delivery Program; Utah Department of 

Transportation Audit Report 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21) established the Surface 

Transportation Project Delivery Program 

that allows a State to assume FHWA’s 

responsibilities for environmental 

review, consultation, and compliance 

under the National Environmental 

Policy Act (NEPA) for Federal highway 

projects. When a State assumes these 

Federal responsibilities, the State 

becomes solely responsible and liable 

for carrying out the responsibilities it 

has assumed in lieu of FHWA. The 

program mandates annual audits during 

each of the first 4 years of State 

participation to ensure compliance with 

program requirements. This notice 

finalizes the findings of the fourth and 

final audit report for the Utah 

Department of Transportation (UDOT). 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Cohen, Office of Project 

Development and Environmental 

Review, (202) 366–8531, David.Cohen@

dot.gov, or Ms. Diane Mobley, Office of 

the Chief Counsel, (202) 366–1366, 

Diane.Mobley@dot.gov, Federal 

Highway Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Office hours are from 8:00 a.m. 

to 4:30 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded from the specific docket 

page at www.regulations.gov. 

Background 

The Surface Transportation Project 

Delivery Program, codified at 23 United 

States Code (U.S.C.) 327, commonly 

known as the NEPA Assignment 

Program, allows a State to assume 

FHWA’s environmental responsibilities 

for review, consultation, and 

compliance for Federal highway 

projects. When a State assumes these 

Federal responsibilities, the State 

becomes solely liable for carrying out 

the responsibilities in lieu of FHWA. 

The UDOT published its application for 

NEPA assumption on October 9, 2015, 

and made it available for public 

comment for 30 days. After considering 

public comments, UDOT submitted its 

application to FHWA on December 1, 

2015. The application served as the 

basis for developing a memorandum of 

understanding (MOU) that identifies the 

responsibilities and obligations that 

UDOT would assume. The FHWA 

published a notice of the draft MOU in 

the Federal Register on November 16, 

2016 (81 FR 80710), with a 30-day 

comment period to solicit the views of 

the public and Federal agencies. After 

the end of the comment period, FHWA 

and UDOT considered comments and 

proceeded to execute the MOU. 

Effective January 17, 2017, UDOT 

assumed FHWA’s responsibilities under 

NEPA, and the responsibilities for other 

Federal environmental laws described 

in the MOU. On May 26, 2022, FHWA 

and UDOT renewed the MOU for 

another 5-year term. 

Section 327(g) of Title 23, U.S.C., 

requires the Secretary to conduct annual 

audits during each of the first 4 years of 

State participation. After the fourth 

year, the Secretary shall monitor the 

State’s compliance with the written 

agreement. The FHWA must make the 

results of each audit available for public 

comment. This notice finalizes the 

findings of the fourth audit report for 

UDOT participation in the NEPA 

Assignment Program. The FHWA 

published a draft version of this report 

in the Federal Register on June 23, 2022 

(87 FR 37547), and made it available for 

public review and comment for 30 days 

in accordance with 23 U.S.C. 327(g). 

The FHWA received three responses to 

the Federal Register notice during the 

public comment period for the draft 

report, and FHWA responds to these 

comments in the final report, pursuant 

to 23 U.S.C. 327(g)(2). The FHWA also 

determined that the comments required 

no changes to the draft audit report. 

This notice finalizes the fourth and final 

NEPA Assignment audit report in Utah. 

Authority: Section 1313 of Public Law 

112–141; Section 6005 of Public Law 

109–59; 23 U.S.C. 327; 23 CFR 773. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

Surface Transportation Project Delivery 

Program, FHWA Audit of the Utah 

Department of Transportation—Final 

Report, July 1, 2019–June 30, 2020 

Executive Summary 

This report summarizes the results of 

the Federal Highway Administration’s 

(FHWA) fourth and final audit of the 

Utah Department of Transportation’s 

(UDOT) National Environmental Policy 

Act (NEPA) review responsibilities and 

obligations that FHWA assigned and 

UDOT assumed pursuant to 23 United 

State Code (U.S.C.) 327. Throughout this 

report, FHWA uses the term ‘‘NEPA 

Assignment Program’’ to refer to the 

program codified at 23 U.S.C. 327. 

Pursuant to 23 U.S.C. 327, UDOT and 

FHWA executed a memorandum of 

understanding (MOU) on January 17, 

2017, to memorialize UDOT’s NEPA 

responsibilities and obligations for 

Federal-aid highway projects and 

certain other FHWA actions in Utah. 

The FHWA and UDOT recently renewed 

the MOU on May 26, 2022, for another 

5-year term. The section 327 MOU 

covers environmental review 

responsibilities for projects that require 

the preparation of environmental 

assessments (EA), environmental impact 

statements (EIS), and non-designated 

documented categorical exclusions 

(DCE). A separate MOU, pursuant to 23 

U.S.C. 326, authorizes UDOT’s 

environmental review responsibilities 

for other categorical exclusions (CE), 

commonly known as CE Program 

Assignment. The scope of this audit did 

not include the CE Program Assignment 

responsibilities and projects. 

As part of FHWA’s review 

responsibilities under 23 U.S.C. 327, 

FHWA formed a team (the ‘‘Audit 

Team’’) in August 2020 to plan and 

conduct an audit of NEPA 

responsibilities UDOT assumed. Due to 

COVID–19-related travel restrictions, 

the Audit Team conducted a virtual 

audit during the period from November 

9, 2020, to December 2, 2020. Prior to 

the virtual audit, the Audit Team 

reviewed UDOT’s NEPA project files, 

UDOT’s response to FHWA’s pre-audit 

information request (PAIR), UDOT’s 

NEPA Assignment Self-Assessment 

Report, UDOT’s NEPA Quality 

Assurance/Quality Control (QA/QC) 


ddrumheller on DSK120RN23PROD with NOTICES1