Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 41157 

42The Board will decide whether to conduct a 

public hearing, which would be held between the 

filing of rebuttals and final briefs, in a later decision 

after the record has been more fully developed. See 

49 U.S.C. 11324(a) (‘‘The Board shall hold a public 

hearing unless the Board determines that a public 

hearing is not necessary in the public interest.’’). 

43The Board will also determine the page limits 

for final briefs in a later decision after the record 

has been more fully developed. 

1SPOR filed a copy of the Agreement, see 

Macrie—Continuance in Control Exemption—N.J. 

Seashore Lines, Inc., FD 35296, slip op. at 3–4 (STB 

served Aug. 31, 2010), in both redacted, public form 

and under seal in unredacted form, along with a 

motion for protective order pursuant to 49 CFR 

1104.14. That motion was granted in a decision 

served on July 20, 2021. 

Safety Integration Plan. Even if an 

environmental and historic review is 

not required, Applicants are required to 

prepare a SIP. 49 CFR 1106.2 and 1106.3 

(requiring applicants to prepare a SIP in 

consultation with FRA when a Class I 

railroad proposes to consolidate with, 

merge with, or acquire control of under 

49 U.S.C. 11323(a) a Class II railroad 

where there is a proposed amalgamation 

of operations as defined by FRA’s 

regulations); see also 49 CFR 244.9. A 

SIP is a comprehensive written plan, 

prepared in accordance with FRA 

guidelines or regulations, explaining the 

process by which Applicants intend to 

integrate the operation of the properties 

involved in a manner that would 

maintain safety at every step of the 

integration process, in the event the 

Board approves the Merger Transaction. 

49 CFR 1106.2; 49 CFR 244.9. The 

proposed SIP is normally included as 

part of the environmental record, 

reviewed by OEA, and put out for 

public review and comment during the 

environmental review process. 49 CFR 

1106.4(b); 49 CFR 244.17. However, in 

cases where no formal environmental 

review is required under NEPA, the 

Board will develop appropriate casespecific SIP procedures based on the 

facts and circumstances presented. 49 

CFR 1106.4(c). If the Board authorizes 

the proposed transaction and adopts the 

SIP, the Board requires compliance with 

the SIP as a condition to its 

authorization. 49 CFR 1106.4(b)(4). 

In its original petition for a procedural 

schedule, Applicants proposed that the 

SIP be filed with OEA and FRA on what 

would have been 15 days after the 

decision accepting the ‘‘significant’’ 

transaction application. However, the 

Board and FRA’s regulations allow for 

Applicants to submit the proposed SIP 

up to 60 days after the application is 

filed, which would be August 30, 2021. 

Accordingly, the Board will also allow 

Applicants the full 60 days to submit 

the SIP. Comments in response to the 

proposed SIP will be due on October 4, 

2021. Applicants’ response to comments 

on the SIP will be due on October 18, 

2021. 

Service of Decisions, Orders, and 

Notices. The Board will serve copies of 

its decisions, orders, and notices on 

those persons who are designated on the 

official service list as a Party of Record 

or Non-Party. All other interested 

persons are encouraged to secure copies 

of decisions, orders, and notices via the 

Board’s website at www.stb.gov. 

Access to Filings. Under the Board’s 

rules, any document filed with the 

Board (including applications, 

pleadings, etc.) shall be promptly 

furnished to interested persons on 

request, unless subject to a protective 

order. 49 CFR 1180.4(a)(3). The Revised 

Application and other filings in this 

proceeding will be furnished to 

interested persons upon request and 

will also be available on the Board’s 

website at www.stb.gov. In addition, the 

Revised Application may be obtained 

from Messrs. LaRocca and Culliford at 

the addresses indicated above. 

It is ordered: 

1. The Revised Application in Docket 

No. FD 36472 is accepted for 

consideration. 

2. The parties to this proceeding must 

comply with the procedural schedule 

adopted by the Board in this proceeding 

as shown in the Appendix to this 

decision. The parties to this proceeding 

must comply with the procedural 

requirements described in this decision. 

3. CSXT shall provide updated traffic 

forecasts through 2027, as discussed 

above. 

4. This decision is effective on July 

30, 2021. 

By the Board, Board Members Begeman, 

Fuchs, Oberman, Primus, and Schultz. 

Eden Besera, 

Clearance Clerk. 

Appendix 

Procedural Schedule 

July 1, 2021—Revised Application filed. 

July 30, 2021—Board notice of acceptance 

of Revised Application to be published in the 

Federal Register. 

Aug. 19, 2021—CSXT supplement 

containing 2025, 2026, and 2027 traffic 

forecasts due (unless extended based on a 

CSXT request for additional time). 

Aug. 20, 2021—Notices of intent to 

participate in this proceeding due. 

Aug. 27, 2021—Descriptions of anticipated 

responsive, including inconsistent, 

applications due. Petitions for waiver or 

clarification with respect to such 

applications due. 

Comments, protests, requests for 

conditions, and any other evidence and 

argument in opposition to the Revised 

Application or Related Transactions due. 

This includes any comments from the U.S. 

Department of Justice (DOJ) and U.S. 

Department of Transportation (USDOT). 

Aug. 30, 2021—Proposed SIP to be filed 

with OEA and FRA. 

Sept. 17, 2021—Environmental comments 

due, addressed to the attention of OEA 

(unless extended based on a CSXT request for 

additional time). 

Sept. 28, 2021—Responsive, including 

inconsistent, applications due. 

October 4, 2021—Comments in response to 

the Proposed SIP due. 

October 18, 2021—Responses to comments, 

protests, requests for conditions, and other 

opposition due, including to DOJ and 

USDOT filings. 

Responses to responsive, including 

inconsistent, applications due. 

Rebuttal in support of the Revised 

Application and Related Transactions due. 

Applicants’ response to comments 

regarding the SIP due. 

Nov. 17, 2021—Rebuttal in support of 

responsive, including inconsistent, 

applications due. 

TBD—Public hearing (if necessary).42

Jan. 3, 2022—Final briefs due.43 (Close of 

the record.) 

April 1, 2022—Service date of final 

decision. 

May 1, 2022—Effective date of final 

decision. 

[FR Doc. 2021–16328 Filed 7–29–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36528] 

South Point & Ohio Railroad, LLC— 

Operation Exemption—Lawrence 

Economic Development Corporation 

South Point & Ohio Railroad, LLC 

(SPOR), a noncarrier, has filed a verified 

notice of exemption pursuant to 49 CFR 

1150.31 to operate approximately 1,277 

feet of track in South Point, Ohio (the 

Line), owned by Lawrence Economic 

Development Corporation (LEDC), also a 

noncarrier. The Line extends from a 

point of connection with the Kenova 

District main line of Norfolk Southern 

Railway Company northward to an 

industrial park owned by LEDC. The 

Line has no mileposts. According to 

SPOR, no common carrier service has 

previously been offered on the Line. 

Pursuant to a Lease, Development and 

Marketing Services Agreement 

(Agreement) between SPOR and LEDC,1

SPOR will lease the Line, provide 

common carrier rail service on the Line, 

and operate as needed over connecting 

ancillary track located within the LEDCowned industrial park. SPOR states that 

the Agreement would be effectuated 

upon the effective date of the 

exemption, and upon the satisfaction of 

several other conditions precedent as set 

forth in the Agreement. According to 

SPOR, its obligation to provide common 


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41158 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 

carrier rail service is anticipated to 

commence on or after August 15, 2021. 

SPOR states that the proposed 

transaction does not involve, and the 

Agreement does not contain, any 

provision or agreement that would limit 

future interchange on the Line with a 

third-party connecting carrier. 

Further, SPOR certifies that its 

projected annual revenue will not 

exceed $5 million and that the proposed 

transaction will not result in SPOR’s 

becoming a Class I or II rail carrier. 

The earliest this transaction may be 

consummated is August 15, 2021, 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 August 6, 2021. 

All pleadings, referring to Docket No. 

FD 36528, should be filed with the 

Surface Transportation Board via 

e-filing on the Board’s website. In 

addition, a copy of each pleading must 

be served on SPOR’s representative, 

Thomas J. Healey, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606. 

According to SPOR, 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: July 26, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Brendetta Jones, 

Clearance Clerk. 

[FR Doc. 2021–16243 Filed 7–29–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent 

AGENCY: Federal Aviation 

Administration (FAA), Transportation 

(DOT). 

ACTION: Request for public comment. 

SUMMARY: The FAA hereby provides 

notice of intent to release 14.03 acres at 

the Melbourne International Airport, 

Melbourne, FL from the conditions, 

reservations, and restrictions as 

contained in a Quitclaim Deed 

agreement between the FAA and the 

City of Melbourne, dated August 6, 

1947. The release of property will allow 

the City of Melbourne to use the 

property for other than aeronautical 

purposes. The property is located 

located on the Northeast Corner of 

Martin Luther King Jr. Boulevard and 

NASA Boulevard at the Melbourne 

International Airport in Brevard County. 

The parcel is currently designated as 

surplus property. The property will be 

released of its federal obligations for the 

purpose of building a consolidated City 

of Melbourne Police Headquarters. The 

fair market value lease of this parcel has 

been determined to be $3,367,000. 

Documents reflecting the Sponsor’s 

request are available, by appointment 

only, for inspection at the Melbourne 

International Airport and the FAA 

Airports District Office. 

DATES: Comments are due on or before 

August 30, 2021. 

ADDRESSES: Documents are available for 

review at Melbourne International 

Airport, and the FAA Airports District 

Office, 8427 SouthPark Circle, Suite 

524, Orlando, FL 32819. Written 

comments on the Sponsor’s request 

must be delivered or mailed to: Marisol 

Elliott, Community Planner, Orlando 

Airports District Office, 8427 SouthPark 

Circle, Suite 524, Orlando, FL 32819. 

FOR FURTHER INFORMATION CONTACT: 

Marisol Elliott, (407) 487–7231, 

Community Planner, Orlando Airports 

District Office, 8427 SouthPark Circle, 

Suite 524, Orlando, FL 32819. 

SUPPLEMENTARY INFORMATION: Section 

125 of The Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (AIR–21) requires the FAA to 

provide an opportunity for public notice 

and comment prior to the ‘‘waiver’’ or 

‘‘modification’’ of a sponsor’s Federal 

obligation to use certain airport land for 

non-aeronautical purposes. 

Bartholomew Vernace, 

Manager, Orlando Airports District Office, 

Southern Region. 

[FR Doc. 2021–16256 Filed 7–29–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California Department of Transportation 

(Caltrans). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to a 

proposed highway project, the State 

Route 29 (SR 29) Ritchie Creek Bridge 

Replacement Project for Fish Passage 

Improvement at post mile 33.13 in Napa 

County, State of California. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, FHWA, on behalf 

of Caltrans, 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 

December 27, 2021. 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: For 

Caltrans: Maxwell Lammert, 

Environmental Branch Chief, 111 Grand 

Avenue MS 8B, Oakland, CA 94612, 

510–506–9862 (Voice) and email 

Maxwell.Lammert@dot.ca.gov. For 

FHWA, contact David Tedrick at (916) 

498–5024 or email David.tedrick@

dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Notice is hereby given 

that the Caltrans has taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California: Caltrans proposes to 

replace the existing Ritchie Creek Bridge 

(Bridge No. 21–0057) with a new bridge 

at post mile (PM) 33.13, located on State 

Route 29 (SR 29) southeast of the city 

of Calistoga and to the north of the city 

of St. Helena in Napa County. The 

existing bridge on SR 29 is classified as 

a depth and jump barrier to adult and 

juvenile salmonids. The purpose of the 

proposed project is to address fish 

passage barriers at the SR 29 crossing 

over Ritchie Creek to obtain Total 

Maximum Daily Load compliance unit 

credits from State Water Resources 

Control Board under the Caltrans 

Statewide National Pollutant Discharge 

Elimination System permit. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the 

Environmental Assessment (EA) and 

Finding of No Significant Impact 


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