Rocky Mount and Western Railroad Co., Inc.-Abandonment Exemption-in Nash County, NC, 11731 [05-4418]

Download as PDF Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–883 (Sub-No. 1X)] Rocky Mount and Western Railroad Co., Inc.—Abandonment Exemption-in Nash County, NC Rocky Mount and Western Railroad Co., Inc. (RM&W) has filed a notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon an approximately 4.7 miles of railroad from approximately milepost 134.8 at or near Momeyer to the end of the rail line at approximately milepost 139.5 at or near Spring Hope, in Nash County, NC. The line traverses United States Postal Service Zip Code 27882. RM&W has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic, if any, can 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 report), 49 CFR 1105.8 (historic report), 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 April 8, 2005, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an 1 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. VerDate jul<14>2003 18:06 Mar 08, 2005 Jkt 205001 OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by March 21, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by March 29, 2005, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to RM&W’s representative: Rose-Michele Weinryb, Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036–1609. If the verified notice contains false or misleading information, the exemption is void ab initio. RM&W has filed an environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by March 14, 2005. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 565–1539. 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), RM&W shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned its line. If consummation has not been effected by RM&W’s filing of a notice of consummation by March 9, 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: March 1, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–4418 Filed 3–8–05; 8:45 am] BILLING CODE 4915–02–P 2 Each offer of financial assistance must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 11731 DEPARTMENT OF THE TREASURY Public Meeting of the President’s Advisory Panel on Federal Tax Reform Department of the Treasury. Notice of meeting. AGENCY: ACTION: SUMMARY: This notice advises all interested persons of a public meeting of the President’s Advisory Panel on Federal Tax Reform. DATES: The meeting will be held on Wednesday, March 23, 2005, in the New Orleans, Louisiana area and will begin at 9:30 a.m. ADDRESSES: The venue has not been identified to date. Venue information will be posted on the Panel’s Web site at http://www.taxreformpanel.gov as soon as it is available. FOR FURTHER INFORMATION CONTACT: The Panel staff at (202) 927–2TAX (927– 2829) (not a toll-free call) or e-mail info@taxreformpanel.gov (please do not send comments to this box). Additional information is available at http:// www.taxreformpanel.gov. SUPPLEMENTARY INFORMATION: Purpose: This meeting is the fifth meeting of the Advisory Panel, and will explore perceptions about the fairness of the tax code and focus on how our tax system affects families. Comments: Interested parties are invited to attend the meeting; however, no public comments will be heard at the meeting. Any written comments with respect to this meeting may be mailed to The President’s Advisory Panel on Federal Tax Reform, 1440 New York Avenue NW., Suite 2100, Washington, DC 20220. On February 16, 2005, the Panel requested written comments in response to four specific questions about the Federal tax system. For additional information regarding this request for comments, please see http://www.taxreformpanel.gov/contact. All written comments will be made available to the public. Records: Records are being kept of Advisory Panel proceedings and will be available at the Internal Revenue Service’s FOIA Reading Room at 1111 Constitution Avenue, NW., Room 1621, Washington, DC 20024. The Reading Room is open to the public from 9 a.m. to 4 p.m., Monday through Friday except holidays. The public entrance to the reading room is on Pennsylvania Avenue between 10th and 12th streets. The phone number is (202) 622–5164 (not a toll-free number). Advisory Panel documents, including meeting announcements, agendas, and minutes, will also be available on http:// www.taxreformpanel.gov. E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Page 11731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4418]



[[Page 11731]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-883 (Sub-No. 1X)]


Rocky Mount and Western Railroad Co., Inc.--Abandonment 
Exemption-in Nash County, NC

    Rocky Mount and Western Railroad Co., Inc. (RM&W) has filed a 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon an approximately 4.7 miles of railroad from 
approximately milepost 134.8 at or near Momeyer to the end of the rail 
line at approximately milepost 139.5 at or near Spring Hope, in Nash 
County, NC. The line traverses United States Postal Service Zip Code 
27882.
    RM&W has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic, if any, can 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 report), 49 CFR 1105.8 (historic report), 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 April 8, 2005, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
March 21, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 29, 2005, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \1\ 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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,200. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
RM&W's representative: Rose-Michele Weinryb, Weiner Brodsky Sidman 
Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036-
1609.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RM&W has filed an environmental and historic report which addresses 
the effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by March 14, 
2005. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423) or by 
calling SEA, at (202) 565-1539. 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), RM&W shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by RM&W's filing of a notice of 
consummation by March 9, 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: March 1, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-4418 Filed 3-8-05; 8:45 am]
BILLING CODE 4915-02-P