Norfolk Southern Railway Company-Abandonment Exemption-in Blackford County, IN, 3102-3103 [05-1004]
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Notices
1180.2(d)(7). 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 does not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34646 (Sub-No. 1), must be
filed with the Surface Transportation
Board, 1925 K Street, NW., Washington,
DC 20423–0001. In addition, a copy of
each pleading must be served on D&I’s
President: Jack Parliament, D&I Railroad
Company, P.O. Box 5829, Sioux Falls,
SD 57117.
The notice of exemption filed with
respect to the D&I–SVRRA transaction
in this docket is related to a notice of
exemption concurrently filed in a
related docket: STB Finance Docket No.
34646, Sioux Valley Regional Railroad
Authority—Trackage Rights
Exemption—Lines of the State of South
Dakota. The notice of exemption filed in
the related docket contemplates
SVRRA’s acquisition from the State of
the trackage rights that SVRRA intends
to grant to D&I.
SVRRA and D&I have advised that the
Elk Point-Sioux City line, which is
owned by the State, is now operated on
behalf of the State by BNSF, pursuant to
a 1986 Operating Agreement. SVRRA
and D&I have also advised: That, under
the Operating Agreement, the State has
the right to grant trackage rights on the
Elk Point-Sioux City line subject to
certain BNSF consent; that, although the
State has the right to grant trackage
rights to SVRRA for operations by
SVRRA’s third-party operator (D&I),
BNSF has not consented to the grant of
those rights; and that the failure to
provide this consent is now the subject
of litigation between the State and BNSF
in The Burlington Northern and Santa
Fe Railway Company v. State of South
Dakota, Case No. 04–470 (S.D. 6th
Circuit). SVRRA and D&I have further
advised that they recognize that BNSF
consent may have to be obtained, either
voluntarily or through litigation, before
D&I can commence trackage rights
operations on the Elk Point-Sioux City
line. SVRRA and D&I have suggested,
however, that, inasmuch as the Board’s
authority respecting the notices filed in
this docket and in the related docket is
‘‘permissive’’ in nature, the filing of the
notices in the two dockets is appropriate
as a ‘‘prelude’’ to obtaining any
necessary consent.
By letter filed December 30, 2004,
BNSF has advised that it has not given
its consent to the third-party trackage
rights operation contemplated by
SVRRA and D&I, which (BNSF adds)
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15:11 Jan 18, 2005
Jkt 205001
would violate the 1986 Operating
Agreement. BNSF has further advised
that, in its view, the filings by SVRRA
and D&I in this docket and in the related
docket are intended to improperly
influence the pending state court
litigation. BNSF has asked that the
Board stress that issuance by the Board
of the notices filed in this docket and in
the related docket does not represent a
determination, by the Board, concerning
either the right of the State to grant the
Elk Point-Sioux City trackage rights
without BNSF’s consent or the right of
D&I to operate over the Elk Point-Sioux
City line without BNSF’s consent.
In view of the ongoing litigation
concerning the right of the State to grant
the trackage rights contemplated in this
docket and in the related docket, it
seems best to note that the Board has
made no determination, one way or the
other, concerning either the right of the
State to grant the Elk Point-Sioux City
trackage rights without BNSF’s consent
or the right of D&I to operate over the
Elk Point-Sioux City line without
BNSF’s consent. The contractual
dispute respecting the scope of the
rights retained by or granted to the State
and/or BNSF under the 1986 Operating
Agreement must be resolved in a court
of competent jurisdiction.
Board decisions and notices are
available on its Web site at https://
www.stb.dot.gov.
Decided: January 12, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–1010 Filed 1–18–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 257X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in
Blackford County, IN
Norfolk Southern Railway Company
(NSR) has filed a notice of exemption 1
under 49 CFR 1152 subpart F—Exempt
Abandonments to abandon an 8.60-mile
line of railroad between milepost RK–
1 The notice of exemption was received by the
Board on December 29, 2004. In a letter
accompanying NSR’s notice of exemption, NSR
indicates that it intended to file the notice of
exemption on December 30, 2004, and, if the Board
received the filing before that date, NSR requests
that the filing date be postponed to December 30,
2004. Accordingly, December 30, 2004 is used as
the filed date and the date for computation of due
dates in this proceeding.
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Frm 00108
Fmt 4703
Sfmt 4703
130.00 at Converse, and milepost RK–
138.60 at Hartford City, in Blackford
County, IN. The line traverses United
States Postal Service Zip Codes 46919
and 47348.
NSR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) no overhead traffic has
moved over the line for at least 2 years
and overhead traffic, if there were any,
could be rerouted over other lines; (3)
no formal complaint filed by a user of
rail service on the line (or by a state or
local government entity acting on behalf
of such user) regarding cessation of
service over the line either is pending
with the Surface Transportation Board
or with any U.S. District Court or has
been decided in favor of complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on February
18, 2005, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,2
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),3 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by January
31, 2005. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by February 8,
2005, with: Surface Transportation
Board, 1925 K Street, NW., Washington,
DC 20423–0001.
2 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
3 Effective October 31, 2004, the filing fee for an
OFA increased to $1,200. See Regulations
Governing Fees for Services Performed in
Connection with Licensing and Related Services—
2004 Update, STB Ex Parte No. 542 (Sub-No. 11)
(STB served Oct. 1, 2004).
E:\FR\FM\19JAN1.SGM
19JAN1
Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Notices
A copy of any petition filed with the
Board should be sent to NSR’s
representative: James R. Paschall,
General Attorney, Norfolk Southern
Railway Company, Three Commercial
Place, Norfolk, VA 23510–2191.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NSR has filed environmental and
historic reports which address the
effects, if any, of the abandonment on
the environment and historic resources.
SEA will issue an environmental
assessment (EA) by January 24, 2005.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 500,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 565–1539.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.] Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), NSR shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
NSR’s filing of a notice of
consummation by January 19, 2006, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: January 12, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–1004 Filed 1–18–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 259X)]
Tennessee Railway Company—
Abandonment Exemption—in
Anderson and Campbell Counties, TN
Tennessee Railway Company (TNR) 1
has filed a notice of exemption under 49
1 TNR
is a wholly owned subsidiary of Norfolk
Southern Railway Company (NSR).
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15:11 Jan 18, 2005
Jkt 205001
CFR 1152 Subpart F-Exempt
Abandonments to abandon a 14.04-mile
line of railroad between milepost TE–
27.96 at Nick’s Creek and milepost TE–
42.00 at Devonia, in Anderson and
Campbell Counties, TN. The line
traverses United States Postal Service
Zip Code 37710.
TNR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) no overhead traffic has
moved over the line for at least 2 years
and overhead traffic, if there were any,
could be rerouted over other lines; (3)
no formal complaint filed by a user of
rail service on the line (or by a state or
local government entity acting on behalf
of such user) regarding cessation of
service over the line either is pending
with the Surface Transportation Board
or with any U.S. District Court or has
been decided in favor of complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to government
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by this
abandonment shall be protected under
Oregon Short Line R. Co.-AbandonmentGoshen, 360 I.C.C. 91 (1979). To address
whether this condition adequately
protects affected employees, a petition
for partial revocation under 49 U.S.C.
10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on February
18, 2005,2 unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,3
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),4 and
trail use/rail banking requests under 49
2 TNR has requested that the Board treat the
notice of exemption as being filed on December 30,
2004, rather than the actual date the applicant filed
it, December 29, 2004. The Board will set December
30, 2004 as the filing date and use this date to
compute the due dates in this proceeding.
3 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
4 Effective October 31, 2004, the filing fee for an
OFA increased to $1,200. See Regulations
Governing Fees for Services Performed in
Connection with Licensing and Related Services—
2004 Update, STB Ex Parte No. 542 (Sub-No. 11)
(STB served Oct. 1, 2004).
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
3103
CFR 1152.29 must be filed by January
31, 2005.
Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by February 8,
2005, with: the Surface Transportation
Board, 1925 K Street, NW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to NSR’s
representative: James R. Paschall,
Norfolk Southern Railway Company,
Three Commercial Place, Norfolk, VA
23510.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
TNR has filed an environmental
report which addresses the effects, if
any, of the abandonment on the
environment and historic resources.
SEA will issue an environmental
assessment (EA) by January 24, 2005.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 500,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 565–1539.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.] Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), TNR shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
TNR’s filing of a notice of
consummation by January 19, 2006, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at
‘‘www.stb.dot.gov.’’
Decided: January 11, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–908 Filed 1–18–05; 8:45 am]
BILLING CODE 4910–15–P
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3102-3103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1004]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 257X)]
Norfolk Southern Railway Company--Abandonment Exemption--in
Blackford County, IN
Norfolk Southern Railway Company (NSR) has filed a notice of
exemption \1\ under 49 CFR 1152 subpart F--Exempt Abandonments to
abandon an 8.60-mile line of railroad between milepost RK-130.00 at
Converse, and milepost RK-138.60 at Hartford City, in Blackford County,
IN. The line traverses United States Postal Service Zip Codes 46919 and
47348.
---------------------------------------------------------------------------
\1\ The notice of exemption was received by the Board on
December 29, 2004. In a letter accompanying NSR's notice of
exemption, NSR indicates that it intended to file the notice of
exemption on December 30, 2004, and, if the Board received the
filing before that date, NSR requests that the filing date be
postponed to December 30, 2004. Accordingly, December 30, 2004 is
used as the filed date and the date for computation of due dates in
this proceeding.
---------------------------------------------------------------------------
NSR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has moved over the
line for at least 2 years and overhead traffic, if there were any,
could be rerouted over other lines; (3) no formal complaint filed by a
user of rail service on the line (or by a state or local government
entity acting on behalf of such user) regarding cessation of service
over the line either is pending with the Surface Transportation Board
or with any U.S. District Court or has been decided in favor of
complainant within the 2-year period; and (4) the requirements at 49
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports),
49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this
condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on February 18, 2005, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
January 31, 2005. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by February 8, 2005,
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC
20423-0001.
---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis (SEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989).
Any request for a stay should be filed as soon as possible so that
the Board may take appropriate action before the exemption's
effective date.
\3\ Effective October 31, 2004, the filing fee for an OFA
increased to $1,200. See Regulations Governing Fees for Services
Performed in Connection with Licensing and Related Services--2004
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
---------------------------------------------------------------------------
[[Page 3103]]
A copy of any petition filed with the Board should be sent to NSR's
representative: James R. Paschall, General Attorney, Norfolk Southern
Railway Company, Three Commercial Place, Norfolk, VA 23510-2191.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NSR has filed environmental and historic reports which address the
effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by January
24, 2005. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001)
or by calling SEA, at (202) 565-1539. [Assistance for the hearing
impaired is available through the Federal Information Relay Service
(FIRS) at 1-800-877-8339.] Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by NSR's filing of a notice of
consummation by January 19, 2006, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: January 12, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-1004 Filed 1-18-05; 8:45 am]
BILLING CODE 4915-01-P
