Penn Eastern Holdings, Inc.-Control Exemption-East Penn Railways, Inc. and Penn Eastern Rail Lines, Inc., 24163-24164 [05-8955]

Download as PDF Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices the Build Alternatives such as station rehabilitation elements or roadway grade crossing elements are functionally independent of the other elements of the Proposed Action. Although the current plan is to evaluate all of the elements in the EIS, as the project elements are developed and as schedules and construction phasing plans develop, it is possible that some of the independent elements may be advanced via separate environmental evaluations under NEPA. VI. Potential Effects Upon completion, the proposed Main Line Corridor improvements are anticipated to eliminate existing deficiencies in LIRR service noted above and generate positive impacts for Long Island residents, businesses, workers, and visitors. Impacts that may occur as a result of the improvements will be evaluated in the EIS. The LIRR has identified several areas of concern, including: Property acquisition, historic and archaeological resources, parks and Section 4(f) properties, traffic and grade-crossings, noise and vibration, water quality, wetlands, and threatened and endangered species. Potential construction-related impacts associated with the construction phase include noise, vibration, business disruption, impacts on pedestrian and vehicle traffic, and air quality. The EIS will describe the methodology used to assess impacts; identify the affected environment; and identify opportunities and measures for mitigating adverse impacts. Principles of environmental construction management, resource protection and mitigation measures, and the LIRR Sustainable Design/Design for Environment—Generic Guidelines (March 2003), developed pursuant to New York State Executive Order No. 111 ‘‘Green and Clean,’’ will be considered for incorporation into the Build Alternatives. VII. FTA Procedures During the NEPA process, FTA will also comply with the requirements of Section 106, National Historic Preservation Act, Section 4(f) of the Department of Transportation Act (49 U.S.C. 303), the Clean Air Act, and other applicable Federal and State environmental statutes, rules, and regulations, in accordance with FTA procedures. Through the NEPA scoping process and as project development advances, it will be determined whether certain elements of the Full Build Alternative should be advanced independently or in combination with other elements, or be VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 deferred for evaluation at a future time, in order to meet the transportation needs of Long Island with minimal impact and in a timely manner. A Draft EIS will be prepared and made available for public and agency review and comment. One or more public hearings will be held on the Draft EIS. On the basis of the Draft EIS and the public and agency comments thereon, a preferred alternative will be selected and will be fully described and further developed in the Final EIS. Issued on: April 29, 2005. Letitia Thompson, Regional Administrator, Region II. [FR Doc. 05–9034 Filed 5–5–05; 8:45 am] BILLING CODE 4910–57–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on June 16, 2004 at Vol. 69, No. 115, p. 33693–94. DATES: Comments must be submitted on or before June 6, 2005. FOR FURTHER INFORMATION CONTACT: Larry Long at the National Highway Traffic Safety Administration, Recall Management Division, NVS–215, 400 Seventh Street, SW., Washington, DC 20590, phone (202) 366–6281. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration Title: Dealer Notification of Defects and Noncompliances. OMB Number: 2127–0004. Type of Request: Revision of a currently approved information collection adding new requirements. Abstract: These are new amendments to regulations that require manufacturers of motor vehicles and items of vehicle equipment conducting recalls to (1) add information about the PO 00000 Frm 00203 Fmt 4703 Sfmt 4703 24163 manufacturer’s intended schedule for dealer notification to the manufacturer’s notifications to NHTSA of defects and noncompliances that are already provided pursuant to 49 CFR 573, and (2) include certain specified language in the notifications that they send to their dealers and distributors pursuant to 49 CFR 577. In addition, vehicle manufacturers will now be required to maintain for a period of 5 years a list of its dealers and distributors that they have notified (69 FR 33693–33694). Affected Public: All manufacturers of motor vehicles and items of motor vehicle equipment that conduct safety recalls. Estimated Total Annual Burden: 19,974 hours for manufacturers of motor vehicles and items of motor vehicle equipment. ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725–17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Departments estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is most effective if OMB receives it within 30 days of publication. Kathleen C. DeMeter, Director, Office of Defects Investigation. [FR Doc. 05–9122 Filed 5–5–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34676] Penn Eastern Holdings, Inc.—Control Exemption—East Penn Railways, Inc. and Penn Eastern Rail Lines, Inc. Penn Eastern Holdings, Inc. (PEH), a newly established noncarrier holding company, has filed a verified notice of exemption to acquire control through stock ownership of East Penn Railways, Inc. (East Penn) and Penn Eastern Rail Lines, Inc. (Penn Eastern), both Class III rail carriers. East Penn and Penn Eastern E:\FR\FM\06MYN1.SGM 06MYN1 24164 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices are currently controlled by John C. Nolan, a noncarrier individual.1 As a result of this transaction, John C. Nolan and Mark Rosner will control East Penn and Penn Eastern through PEH.2 PEH states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently, East Penn has filed verified notices of exemption: (1) In STB Finance Docket No. 34677, East Penn Railways, Inc. Acquisition Exemption— Southeastern Pennsylvania Transportation Authority, wherein East Penn seeks to acquire a segment of track, currently owned by the Southeastern Pennsylvania Transportation Authority and operated by East Penn pursuant to a modified rail certificate, known as the Octoraro Branch (or Line 142), extended approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the Pennsylvania/Maryland state line near Sylmar, MD; 3 (2) in STB Finance Docket No. 34678, East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc., wherein East Penn seeks to acquire from ISG Railways, Inc. and operate a line of railroad known as Line 907, extending between approximately milepost 12.66 ± at the Delaware/Pennsylvania state line and milepost 29.72 at Modena, PA, a distance of 17.02 miles; and (3) in STB Finance Docket No. 34679, East Penn Railways, Inc.—Acquisition and Operation Exemption—Reading Company, wherein East Penn seeks to acquire from the Reading Company and operate a line of railroad known as Line 939, extending from the Pennsylvania/ Delaware state line at approximately milepost 12.66 ± to milepost 1.89, near Elsmere Junction, DE, a distance of approximately 10.77 miles.4 According to PEH and East Penn, these lines connect with each other but not with the lines of Penn Eastern. PEH states that: (1) The railroads will not connect with each other or any railroad in their corporate family; (2) the control transaction is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; 1 See John C. Nolan—Control Exemption-Penn Eastern Rail Lines, Inc., STB Finance Docket No. 34223 (STB served July 22, 2002). 2 By facsimile filed on April 15, 2005, PEH informed the Board that John C. Nolan will own 80% of the stock of PEH and Mark Rosner will own the remaining 20% of PEH’s stock. 3 See East Penn Railways, Inc.—Modified Rail Certificate, STB Finance Docket No. 34618 (STB served Dec. 21, 2004). 4 See Certificate of Designated Operator, Delaware Valley Railway Co., D–OP 59 (USRA Line No. 907/ 939) (ICC served Oct. 14, 1994). VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval of requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c)), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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 transaction. An original and 10 copies of all pleadings referring to STB Finance Docket No. 34676, 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 John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 26, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8955 Filed 5–5–05; 8:45 am] beyond Canadian National Railway Company/Illinois Central Gulf Railroad Company’s milepost 104. MSD certifies that its projected revenues as a result of the transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million annually. The transaction was scheduled to be consummated on or after April 14, 2005, the effective date of the exemption (7 days after the exemption 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34673, 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 Reggie Howell, C&J Railroad Company, 1710–L East Tenth Street, Jeffersonville, IN 47130. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 27, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8840 Filed 5–5–05; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORATION Surface Transportation Board Surface Transportation Board [STB Finance Docket No. 34673] [STB Finance Docket No. 34677] C&J Railroad Company, d/b/a Mississippi Delta Railroad— Acquisition and Operation Exemption—in Tallahatchie County, MS East Penn Railways, Inc.—Acquisition Exemption—Southeastern Pennsylvania Transportation Authority C&J Railroad Company, d/b/a Mississippi Delta Railroad (MSD), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease 1 and operate 1,320 feet, or 0.25 miles, of track, including yard, lead and switching tracks (without assigned mileposts) that extends north 1 MSD states that it has leased the rail line since July 1, 2001, but that it will not commence operations until the effective date of this exemption. PO 00000 Frm 00204 Fmt 4703 Sfmt 4703 East Penn Railways, Inc. (East Penn), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire a segment of track that is currently owned by the Southeastern Pennsylvania Transportation Authority (SEPTA) and operated by East Penn pursuant to a modified rail certificate. The subject line, known as the Octoraro Branch (also referred to as Line 142), extends approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24163-24164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8955]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34676]


Penn Eastern Holdings, Inc.--Control Exemption--East Penn 
Railways, Inc. and Penn Eastern Rail Lines, Inc.

    Penn Eastern Holdings, Inc. (PEH), a newly established noncarrier 
holding company, has filed a verified notice of exemption to acquire 
control through stock ownership of East Penn Railways, Inc. (East Penn) 
and Penn Eastern Rail Lines, Inc. (Penn Eastern), both Class III rail 
carriers. East Penn and Penn Eastern

[[Page 24164]]

are currently controlled by John C. Nolan, a noncarrier individual.\1\ 
As a result of this transaction, John C. Nolan and Mark Rosner will 
control East Penn and Penn Eastern through PEH.\2\
---------------------------------------------------------------------------

    \1\ See John C. Nolan--Control Exemption-Penn Eastern Rail 
Lines, Inc., STB Finance Docket No. 34223 (STB served July 22, 
2002).
    \2\ By facsimile filed on April 15, 2005, PEH informed the Board 
that John C. Nolan will own 80% of the stock of PEH and Mark Rosner 
will own the remaining 20% of PEH's stock.
---------------------------------------------------------------------------

    PEH states that it proposes to consummate the transaction on or 
after April 20, 2005.
    Concurrently, East Penn has filed verified notices of exemption: 
(1) In STB Finance Docket No. 34677, East Penn Railways, Inc. 
Acquisition Exemption--Southeastern Pennsylvania Transportation 
Authority, wherein East Penn seeks to acquire a segment of track, 
currently owned by the Southeastern Pennsylvania Transportation 
Authority and operated by East Penn pursuant to a modified rail 
certificate, known as the Octoraro Branch (or Line 142), extended 
approximately 27.51 miles between milepost 26.98 at Chadds Ford 
Junction, PA, and milepost 54.49 at the Pennsylvania/Maryland state 
line near Sylmar, MD; \3\ (2) in STB Finance Docket No. 34678, East 
Penn Railways, Inc.--Acquisition and Operation Exemption--ISG Railways, 
Inc., wherein East Penn seeks to acquire from ISG Railways, Inc. and 
operate a line of railroad known as Line 907, extending between 
approximately milepost 12.66  at the Delaware/Pennsylvania 
state line and milepost 29.72 at Modena, PA, a distance of 17.02 miles; 
and (3) in STB Finance Docket No. 34679, East Penn Railways, Inc.--
Acquisition and Operation Exemption--Reading Company, wherein East Penn 
seeks to acquire from the Reading Company and operate a line of 
railroad known as Line 939, extending from the Pennsylvania/Delaware 
state line at approximately milepost 12.66  to milepost 
1.89, near Elsmere Junction, DE, a distance of approximately 10.77 
miles.\4\ According to PEH and East Penn, these lines connect with each 
other but not with the lines of Penn Eastern.
---------------------------------------------------------------------------

    \3\ See East Penn Railways, Inc.--Modified Rail Certificate, STB 
Finance Docket No. 34618 (STB served Dec. 21, 2004).
    \4\ See Certificate of Designated Operator, Delaware Valley 
Railway Co., D-OP 59 (USRA Line No. 907/939) (ICC served Oct. 14, 
1994).
---------------------------------------------------------------------------

    PEH states that: (1) The railroads will not connect with each other 
or any railroad in their corporate family; (2) the control transaction 
is not part of a series of anticipated transactions that would connect 
the railroads with each other or any railroad in their corporate 
family; and (3) the transaction does not involve a Class I carrier. 
Therefore, the transaction is exempt from the prior approval of 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c)), however, 
does not provide for labor protection for transactions under section 
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
of the carriers involved are Class III carriers.
    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 transaction.
    An original and 10 copies of all pleadings referring to STB Finance 
Docket No. 34676, 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 John D. Heffner, 1920 N Street, NW., 
Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 26, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8955 Filed 5-5-05; 8:45 am]
BILLING CODE 4915-01-P