City of Peoria and Village of Peoria Heights, IL-Adverse Discontinuance-Pioneer Industrial Railway Company, 9125-9126 [05-3549]

Download as PDF Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of the NASD. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–NASD–2005–018 and should be submitted on or before March 17, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.17 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–752 Filed 2–23–05; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF STATE [Public Notice 5001] Determination Under Section 620(Q) of the Foreign Assistance Act and Section 512 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 2005 Relating To Assistance To the Dominican Republic Pursuant to the authority vested in me by section 620(q) of the Foreign Assistance Act of 1961, as amended (FAA), section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (FOAA) (Div. D, Public Law 108– 477), and by Executive Order 12163, as amended by Executive Order 13346, I hereby determine that assistance to the Dominican Republic is in the national interest of the United States and thereby waive with respect to that country, the application of section 620(q) of the FAA from the date it would otherwise have been applicable and section 512 of the FOAA, as well as any provision of law that is the same or substantially the same as such provisions, including subsequently enacted provisions. This determination shall be reported to Congress and published in the Federal Register. 17 17 CFR 200.30–3(a)(12). VerDate jul<14>2003 18:49 Feb 23, 2005 Jkt 205001 Dated: December 18, 2005. Colin L. Powell, Secretary of State, Department of State. [FR Doc. 05–3591 Filed 2–23–05; 8:45 am] BILLING CODE 4710–29–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Change to U.S. Note 2(d) to Subchapter XIX of Chapter 98 of the Harmonized Tariff Schedule of the United States Office of the United States Trade Representative. ACTION: Notice. AGENCY: SUMMARY: Section 2004(k) of the Miscellaneous Trade and Technical Corrections Act of 2004, Public Law 108–429, designated Mauritius as eligible for certain additional benefits under the African Growth and Opportunity Act (AGOA) for one year, beginning October 1, 2004. This notice modifies the Harmonized Tariff Schedule of the United States (HTS) to reflect this designation. DATES: Effective February 9, 2005. FOR FURTHER INFORMATION CONTACT: Patrick Coleman, Director for African Affairs, Office of the United States Trade Representative, (202) 395–9514. SUPPLEMENTARY INFORMATION: The AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 106– 200) provides preferential tariff treatment for imports of certain textile and apparel products of beneficiary subSaharan African countries. On December 3, 2004, the President signed the Miscellaneous Trade and Technical Corrections Act (‘‘the Act’’), which designates Mauritius as eligible for benefits under section 112(b)(3)(B) of the AGOA for one year, beginning October 1, 2004. In Proclamation 6969 (62 FR 4413), the President delegated to the United States Trade Representative (USTR) the authority to make rectifications, technical or conforming changes, or similar modifications to the HTS. Pursuant to the authority delegated to the USTR in Proclamation 6969, U.S. Note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by inserting ‘‘Mauritius’’ in alphabetical sequence in the list of countries effective for the period ending on midnight September 30, 2005, at which time ‘‘Mauritius’’ shall be deleted from the list. Importers claiming preferential tariff treatment under the AGOA for entries of textile and apparel articles should ensure that those entries meet the applicable visa PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 9125 requirements. Importers seeking retroactive duty treatment pursuant to section 2004(k)(2) of the Act should direct their inquiries to the Bureau of Customs and Border Protection. Robert B. Zoellick, United States Trade Representative. [FR Doc. 05–3473 Filed 2–23–05; 8:45 am] BILLING CODE 3190–W5–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–878] City of Peoria and Village of Peoria Heights, IL—Adverse Discontinuance—Pioneer Industrial Railway Company On November 16, 2004, the City of Peoria and the Village of Peoria Heights, IL (Cities or applicants), filed an adverse application under 49 U.S.C. 10903, requesting that the Surface Transportation Board authorize the discontinuance of service by Pioneer Industrial Railway Company (PIRY) over a line of railroad known as the Kellar Branch. The Kellar Branch is located in Peoria Heights and Peoria and runs between milepost 1.71 and milepost 10.0. The line traverses United States Postal Service ZIP Codes 61602 and 61616 and includes no stations. The Cities state that the Kellar Branch was fully abandoned by the Chicago, Rock Island & Pacific Railroad Company and that Peoria acquired the line from the Rock Island Trustee in 1984. According to the Cities, Peoria entered into an operating agreement with Peoria and Pekin Union Railway Company (P&PU) to serve shippers. P&PU obtained an exemption from 49 U.S.C. 10901 to operate the line. Peoria and Pekin Union Railway Co.—Exemption from 49 U.S.C. 10901, Finance Docket No. 30545 (ICC served Sept. 18, 1984). Peoria Heights later obtained a 25 percent ownership interest in the Kellar Branch. In 1998, PIRY became the sole operator of the line as assignee of P&PU’s rights under the operating agreement with the Cities. Pioneer Industrial Railway Co.—Lease and Operation Exemption—Peoria, Peoria Heights & Western Railroad, STB Finance Docket No. 33549 (STB served Feb. 20, 1998). Applicants assert that the operating agreement with PIRY expired on July 10, 2004, and that, prior to that date, they notified PIRY that they intended to contract with a different operator for continued rail service on the line. The Cities indicate that they have entered E:\FR\FM\24FEN1.SGM 24FEN1 9126 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices into an operating agreement with Central Illinois Railroad Company (CIRY), which has obtained an exemption from 49 U.S.C. 10901 to operate the line. Central Illinois Railroad Company—Operation Exemption—Rail Line of the City of Peoria and Village of Peoria Heights, in Peoria and Peoria Heights, Peoria County, IL, STB Finance Docket No. 34518 (STB served June 28, 2004).1 According to the Cities, PIRY has indicated that it will not voluntarily relinquish its operating authority on the Kellar Branch, thus necessitating the filing of this application. The Cities point out that the operating agreement between Peoria and CIRY is temporary until Peoria can complete construction of a connection between the Kellar Branch and a 1.9-mile rail line to the west acquired from Union Pacific Railroad Company in 2001. See City of Peoria, IL—Construction of Connecting Track Exemption—Peoria County, IL, STB Finance Docket No. 34395 (STB served Sept. 27, 2004). Applicants state that, after completion of the connecting track, CIRY will provide service from the west to the two shippers located on the western part of the Kellar Branch and the third shipper, located on the eastern part of the Branch, will be served from the east by CIRY or another rail carrier arranged for by Peoria. According to applicants, these shippers either support the discontinuance or are neutral on the matter. The Cities propose to turn the 6.29-mile segment of the line located in between the active shippers into a recreational trail. The Cities state that they seek discontinuance rather than abandonment authority here because the Kellar Branch had already been abandoned when Peoria acquired it without the need for Board acquisition authority. In a decision served in this proceeding on September 10, 2004, the Cities were granted a waiver of filing requirements in 49 CFR 1152 and were given permission to file an adverse discontinuance application containing the following information: (1) The name and address of the applicant; (2) the name and address of counsel; (3) a detailed map of the facilities involved; (4) the total carloads broken out for each of the shippers currently using the line; (5) a summary of the principal commodities handled; (6) a summary operating plan for operations of the substitute carrier; (7) certification that the City’s current or proposed 1 By a decision served on July 1, 2004, the Board denied a request by PIRY for stay of the effectiveness of the exemption. VerDate jul<14>2003 18:49 Feb 23, 2005 Jkt 205001 operations comply, or will comply, with all federal and state safety requirements; (8) an opinion of counsel that the prior lease agreement with PIRY expired in accordance with its terms; (9) documentation from the Cities that authorizes the operations of the substituted service; (10) a statement on behalf of the Cities of the reasons for the application and the benefits that will be obtained if the application is approved; and (11) supporting statements from shippers. The Cities were also granted a waiver of all notice and publication requirements, but were required to serve a copy of their application on the shippers on the line, PIRY, all connecting carriers, and the Illinois Commerce Commission. There is no indication that the line contains any federally granted rights-ofway. Any documentation in the Cities’ possession will be made available promptly to those requesting it. Applicants’ entire case for discontinuance of service was filed with the application. The interests of affected railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). Any interested person may file written comments concerning the proposed discontinuance or protests (including the protestant’s entire opposition case). Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking, and public use requests are not appropriate. Also, offers of financial assistance (OFA) will not be entertained in this proceeding.2 Persons opposing the proposed adverse discontinuance who wish to participate actively and fully in the process should file a protest by March 21, 2005. Persons who may oppose the discontinuance, but who do not wish to participate fully in the process by submitting verified statements of witnesses containing detailed evidence should also file comments by March 21, 2005. Parties seeking information concerning the filing of protests should refer to section 1152.25. The due date for applicants’ reply is April 5, 2005. 2 As noted in the waiver decision, on July 23, 2004, PIRY filed a notice of intent to file an OFA to purchase the Kellar Branch and requested certain information and data from the Cities. PIRY has characterized the Cities’ application as seeking an adverse abandonment rather than a discontinuance, in light of applicants’ trail use proposal. The Cities filed a motion to reject PIRY’s filing, arguing that, under Board precedent, OFAs to purchase are not entertained in discontinuance proceedings. PIRY replied to the Cities’ motion on August 12, 2004. This issue will be resolved in the decision on the merits in this proceeding. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 All filings in response to this notice must refer to STB Docket No. AB–878 and must be sent to: (1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001; and (2) Thomas F. McFarland, Thomas F. McFarland, P.C. 208 South LaSalle Street, Suite 1890 Chicago, IL 60604– 1112. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s ‘‘http://www.stb.dot.gov’’ Web site, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in section 1152, every document filed with the Board must be served on all parties to this proceeding. 49 CFR 1104.12(a). Persons seeking further information concerning abandonment/ discontinuance procedures may contact the Board’s Office of Public Services at (202) 565–1592 or refer to the full abandonment/discontinuance regulations at 49 CFR part 1152. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] The September 10 decision waived compliance with environmental and historic regulations because the Cities proposed their application as a request to substitute operators on the line. Accordingly, no environmental assessment will be prepared in this proceeding.3 Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Decided: February 17, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–3549 Filed 2–23–05; 8:45 am] BILLING CODE 4915–01–P 3 The Board there noted, however, that, in light of the issue raised regarding whether this filing should be for adverse abandonment or adverse discontinuance, the Cities should be aware that they run the risk of delaying a ruling on their application if the Board concludes that the application should be for abandonment, because compliance with the Board’s environmental and historic regulations might then be necessary. E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9125-9126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3549]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-878]


City of Peoria and Village of Peoria Heights, IL--Adverse 
Discontinuance--Pioneer Industrial Railway Company

    On November 16, 2004, the City of Peoria and the Village of Peoria 
Heights, IL (Cities or applicants), filed an adverse application under 
49 U.S.C. 10903, requesting that the Surface Transportation Board 
authorize the discontinuance of service by Pioneer Industrial Railway 
Company (PIRY) over a line of railroad known as the Kellar Branch. The 
Kellar Branch is located in Peoria Heights and Peoria and runs between 
milepost 1.71 and milepost 10.0. The line traverses United States 
Postal Service ZIP Codes 61602 and 61616 and includes no stations.
    The Cities state that the Kellar Branch was fully abandoned by the 
Chicago, Rock Island & Pacific Railroad Company and that Peoria 
acquired the line from the Rock Island Trustee in 1984. According to 
the Cities, Peoria entered into an operating agreement with Peoria and 
Pekin Union Railway Company (P&PU) to serve shippers. P&PU obtained an 
exemption from 49 U.S.C. 10901 to operate the line. Peoria and Pekin 
Union Railway Co.--Exemption from 49 U.S.C. 10901, Finance Docket No. 
30545 (ICC served Sept. 18, 1984). Peoria Heights later obtained a 25 
percent ownership interest in the Kellar Branch. In 1998, PIRY became 
the sole operator of the line as assignee of P&PU's rights under the 
operating agreement with the Cities. Pioneer Industrial Railway Co.--
Lease and Operation Exemption--Peoria, Peoria Heights & Western 
Railroad, STB Finance Docket No. 33549 (STB served Feb. 20, 1998).
    Applicants assert that the operating agreement with PIRY expired on 
July 10, 2004, and that, prior to that date, they notified PIRY that 
they intended to contract with a different operator for continued rail 
service on the line. The Cities indicate that they have entered

[[Page 9126]]

into an operating agreement with Central Illinois Railroad Company 
(CIRY), which has obtained an exemption from 49 U.S.C. 10901 to operate 
the line. Central Illinois Railroad Company--Operation Exemption--Rail 
Line of the City of Peoria and Village of Peoria Heights, in Peoria and 
Peoria Heights, Peoria County, IL, STB Finance Docket No. 34518 (STB 
served June 28, 2004).\1\ According to the Cities, PIRY has indicated 
that it will not voluntarily relinquish its operating authority on the 
Kellar Branch, thus necessitating the filing of this application.
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    \1\ By a decision served on July 1, 2004, the Board denied a 
request by PIRY for stay of the effectiveness of the exemption.
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    The Cities point out that the operating agreement between Peoria 
and CIRY is temporary until Peoria can complete construction of a 
connection between the Kellar Branch and a 1.9-mile rail line to the 
west acquired from Union Pacific Railroad Company in 2001. See City of 
Peoria, IL--Construction of Connecting Track Exemption--Peoria County, 
IL, STB Finance Docket No. 34395 (STB served Sept. 27, 2004). 
Applicants state that, after completion of the connecting track, CIRY 
will provide service from the west to the two shippers located on the 
western part of the Kellar Branch and the third shipper, located on the 
eastern part of the Branch, will be served from the east by CIRY or 
another rail carrier arranged for by Peoria. According to applicants, 
these shippers either support the discontinuance or are neutral on the 
matter. The Cities propose to turn the 6.29-mile segment of the line 
located in between the active shippers into a recreational trail. The 
Cities state that they seek discontinuance rather than abandonment 
authority here because the Kellar Branch had already been abandoned 
when Peoria acquired it without the need for Board acquisition 
authority.
    In a decision served in this proceeding on September 10, 2004, the 
Cities were granted a waiver of filing requirements in 49 CFR 1152 and 
were given permission to file an adverse discontinuance application 
containing the following information: (1) The name and address of the 
applicant; (2) the name and address of counsel; (3) a detailed map of 
the facilities involved; (4) the total carloads broken out for each of 
the shippers currently using the line; (5) a summary of the principal 
commodities handled; (6) a summary operating plan for operations of the 
substitute carrier; (7) certification that the City's current or 
proposed operations comply, or will comply, with all federal and state 
safety requirements; (8) an opinion of counsel that the prior lease 
agreement with PIRY expired in accordance with its terms; (9) 
documentation from the Cities that authorizes the operations of the 
substituted service; (10) a statement on behalf of the Cities of the 
reasons for the application and the benefits that will be obtained if 
the application is approved; and (11) supporting statements from 
shippers. The Cities were also granted a waiver of all notice and 
publication requirements, but were required to serve a copy of their 
application on the shippers on the line, PIRY, all connecting carriers, 
and the Illinois Commerce Commission.
    There is no indication that the line contains any federally granted 
rights-of-way. Any documentation in the Cities' possession will be made 
available promptly to those requesting it. Applicants' entire case for 
discontinuance of service was filed with the application.
    The interests of affected railroad employees will be protected by 
the conditions set forth in Oregon Short Line R. Co.--Abandonment--
Goshen, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed discontinuance or protests (including the protestant's entire 
opposition case). Because this is a discontinuance proceeding and not 
an abandonment, trail use/rail banking, and public use requests are not 
appropriate. Also, offers of financial assistance (OFA) will not be 
entertained in this proceeding.\2\
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    \2\ As noted in the waiver decision, on July 23, 2004, PIRY 
filed a notice of intent to file an OFA to purchase the Kellar 
Branch and requested certain information and data from the Cities. 
PIRY has characterized the Cities' application as seeking an adverse 
abandonment rather than a discontinuance, in light of applicants' 
trail use proposal. The Cities filed a motion to reject PIRY's 
filing, arguing that, under Board precedent, OFAs to purchase are 
not entertained in discontinuance proceedings. PIRY replied to the 
Cities' motion on August 12, 2004. This issue will be resolved in 
the decision on the merits in this proceeding.
---------------------------------------------------------------------------

    Persons opposing the proposed adverse discontinuance who wish to 
participate actively and fully in the process should file a protest by 
March 21, 2005. Persons who may oppose the discontinuance, but who do 
not wish to participate fully in the process by submitting verified 
statements of witnesses containing detailed evidence should also file 
comments by March 21, 2005. Parties seeking information concerning the 
filing of protests should refer to section 1152.25. The due date for 
applicants' reply is April 5, 2005.
    All filings in response to this notice must refer to STB Docket No. 
AB-878 and must be sent to: (1) Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001; and (2) Thomas F. McFarland, 
Thomas F. McFarland, P.C. 208 South LaSalle Street, Suite 1890 Chicago, 
IL 60604-1112. Filings may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should comply with the instructions found on the Board's ``http://
www.stb.dot.gov'' Web site, at the ``E-FILING'' link. Any person 
submitting a filing in the traditional paper format should send an 
original and 10 copies of the filing to the Board with a certificate of 
service. Except as otherwise set forth in section 1152, every document 
filed with the Board must be served on all parties to this proceeding. 
49 CFR 1104.12(a).
    Persons seeking further information concerning abandonment/
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment/
discontinuance regulations at 49 CFR part 1152. [Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.]
    The September 10 decision waived compliance with environmental and 
historic regulations because the Cities proposed their application as a 
request to substitute operators on the line. Accordingly, no 
environmental assessment will be prepared in this proceeding.\3\
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    \3\ The Board there noted, however, that, in light of the issue 
raised regarding whether this filing should be for adverse 
abandonment or adverse discontinuance, the Cities should be aware 
that they run the risk of delaying a ruling on their application if 
the Board concludes that the application should be for abandonment, 
because compliance with the Board's environmental and historic 
regulations might then be necessary.
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    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: February 17, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3549 Filed 2-23-05; 8:45 am]
BILLING CODE 4915-01-P