The Cincinnati, New Orleans and Texas Pacific Railway Company-Abandonment Exemption-in Roane County, TN, 52482-52483 [05-17236]

Download as PDF 52482 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices Finally, SEA agrees with applicants that the proposed action does not require historic review under the National Historic Preservation Act of 1966 because further approval would be required to abandon any service, and because applicants have advised the Board that there are no plans to dispose of or alter properties subject to the Board’s jurisdiction that are 50 years old or older. 49 CFR 1105.8(b)(1). Filing/Service Requirements. Persons participating in this proceeding may ‘‘file’’ with the Board and ‘‘serve’’ on other parties: A notice of intent to participate (due by September 12th); a certificate of service indicating service of prior pleadings on persons designated as PORs on the service-list notice (due by the 10th day after the service date of the service-list notice); any comments, protests, requests for conditions, and any other evidence and argument in opposition to the primary application or either of the related filings (due by October 12th); and any responses to comments, etc., and any rebuttal in support of the primary application or either of the related filings (due by October 27th). Filing Requirements. Any document filed in this proceeding must be filed either via the Board’s e-filing format or in the traditional paper format. Any person e-filing a document should comply with the instructions found on the Board’s Web site at http:// www.stb.dot.gov at the ‘‘E-FILING’’ link. Any person filing a document in the traditional paper format should send an original and 10 paper copies of the document (and also an IBM-compatible floppy disk with any textual submission in any version of either Microsoft Word or WordPerfect) to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. Service Requirements. One copy of each document filed in this proceeding must be sent to each of the following (any copy may be sent by e-mail only if service by e-mail is acceptable to the recipient): (1) Secretary of the United States Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590; (2) Attorney General of the United States, c/o Assistant Attorney General, Antitrust Division, Room 3109, Department of Justice, Washington, DC 20530; (3) William A. Mullins (representing FRTI, P&L, and EVWR), Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037; (4) Louis E. Gitomer (representing CSXT), Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005; and (5) any other person designated as a POR on the service-list notice. VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 Service of Decisions, Orders, and Notices. The Board will serve copies of its decisions, orders, and notices only on those persons who are designated on the official service list as either POR, MOC, or GOV. All other interested persons are encouraged either to secure copies of decisions, orders, and notices via the Board’s Web site at http:// www.stb.dot.gov under ‘‘E–LIBRARY/ Decisions & Notices’’ or to make advance arrangements with the Board’s copy contractor, ASAP Document Solutions (mailing address: Suite 103, 9332 Annapolis Rd., Lanham, MD 20706; e-mail address: asapdc@verizon.net; telephone number: 202–306–4004), to receive copies of decisions, orders, and notices served in this proceeding. ASAP Document Solutions will handle the collection of charges and the mailing and/or faxing of decisions, orders, and notices to persons who request this service. Access to Filings. An interested person does not need to be on the service list to obtain a copy of the primary application or any other filing made in this proceeding. 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 primary application and other filings in this proceeding will also be available on the Board’s Web site at http:// www.stb.dot.gov under ‘‘E–LIBRARY/ Filings.’’ This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. The primary application in STB Finance Docket No. 34738 and the related filings in STB Finance Docket No. 34738 (Sub-Nos. 1 and 2) are 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 Appendix A. 3. The parties to this proceeding must comply with the procedural requirements described in this decision. 4. This decision is effective on September 2, 2005. Decided: August 25, 2005. By the Board, Chairman Nober, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. Appendix A: Procedural Schedule August 3, 2005— Primary application, related filings, motion for protective order, PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 and request for issuance of procedural schedule filed. September 2, 2005—Board notice of acceptance of primary application and related filings published in the Federal Register. September 12, 2005—Notices of intent to participate in this proceeding due. October 12, 2005—All comments, protests, requests for conditions, and any other evidence and argument in opposition to the primary application and/or either or both of the related filings, including filings of DOJ and DOT, due. October 27, 2005—Responses to comments, protests, requests for conditions, and other opposition due. Rebuttal in support of the primary application and/or either or both of the related filings due. Week of November 14, 2005—A public hearing or oral argument may be held the week of November 14, 2005. December 12, 2005—Date of service of final decision. December 30, 2005—Effective date of final decision. [FR Doc. 05–17456 Filed 9–1–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub–No. 236X)] The Cincinnati, New Orleans and Texas Pacific Railway Company— Abandonment Exemption—in Roane County, TN On August 15, 2005, The Cincinnati, New Orleans and Texas Pacific Railway Company (CNOTP), a wholly owned subsidiary of Norfolk Southern Railway Company, filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon an approximately 1.1-mile line of railroad, extending from milepost 156.9-H to milepost 158.0-H in Rockwood, Roane County, TN. The line traverses United States Postal Service Zip Code 37854, and serves the station at Rockwood, where CNOTP will continue to provide rail service. In addition to an exemption from 49 U.S.C. 10903, CNOTP seeks exemption from 49 U.S.C. 10904 [offer of financial assistance (OFA) procedures] and 49 U.S.C. 10905 [public use conditions]. In support, CNOTP contends that the exemption from these provisions is necessary to permit conveyance of the line to Franklin Industries (Franklin), for continued operation as part of Franklin’s private railroad operation.1 1 Franklin previously acquired a 15.4-mile line of railroad (known as the Crab Orchard Line) from CNOTP. See The Cincinnati, New Orleans and Texas Pacific Railway Company—Abandonment E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices These requests will be addressed in the final decision. The line does not contain federally granted rights-of-way. Any documentation in CNOTP’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by December 2, 2005. Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption, unless the Board grants the requested exemption from the OFA process. Each OFA must be accompanied by a $1,200 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Unless the Board grants the requested exemption from the public use provisions, any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than September 22, 2005. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB–290 (Sub-No. 236X), and must be sent to: (1) Surface Transportation Board, 1925 K Street, N.W., Washington, DC 20423– 0001; and (2) James R. Paschall, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510– 2191. Replies to the petition are due on or before September 22, 2005. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Services at (202) 565–1592 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be Exemption–in Cumberland and Roane Counties, TN, STB Docket No. AB–290 (Sub-No. 208X) (STB served Nov. 15, 2000). VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 24, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–17236 Filed 9–1–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–103 (Sub–No. 18X)] The Kansas City Southern Railway Company—Abandonment Exemption— in Winn Parish, LA The Kansas City Southern Railway Company (KCSR) has filed a notice of exemption under 49 CFR Part 1152, Subpart F—Exempt Abandonments to abandon a 3.16-mile line of railroad extending from milepost 144.64 to milepost 147.80, located near Winnfield, in Winn Parish, LA. The line traverses United States Postal Service Zip Code 71483. KCRS has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (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 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 52483 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 October 4, 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 September 12, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 22, 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 KCSR’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. KCSR 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 September 9, 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), KCSR shall file a notice of consummation with the Board to signify that it has exercised the authority 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. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52482-52483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17236]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 236X)]


The Cincinnati, New Orleans and Texas Pacific Railway Company--
Abandonment Exemption--in Roane County, TN

    On August 15, 2005, The Cincinnati, New Orleans and Texas Pacific 
Railway Company (CNOTP), a wholly owned subsidiary of Norfolk Southern 
Railway Company, filed with the Board a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon an 
approximately 1.1-mile line of railroad, extending from milepost 156.9-
H to milepost 158.0-H in Rockwood, Roane County, TN. The line traverses 
United States Postal Service Zip Code 37854, and serves the station at 
Rockwood, where CNOTP will continue to provide rail service.
    In addition to an exemption from 49 U.S.C. 10903, CNOTP seeks 
exemption from 49 U.S.C. 10904 [offer of financial assistance (OFA) 
procedures] and 49 U.S.C. 10905 [public use conditions]. In support, 
CNOTP contends that the exemption from these provisions is necessary to 
permit conveyance of the line to Franklin Industries (Franklin), for 
continued operation as part of Franklin's private railroad 
operation.\1\

[[Page 52483]]

These requests will be addressed in the final decision.
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    \1\ Franklin previously acquired a 15.4-mile line of railroad 
(known as the Crab Orchard Line) from CNOTP. See The Cincinnati, New 
Orleans and Texas Pacific Railway Company--Abandonment Exemption-in 
Cumberland and Roane Counties, TN, STB Docket No. AB-290 (Sub-No. 
208X) (STB served Nov. 15, 2000).
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    The line does not contain federally granted rights-of-way. Any 
documentation in CNOTP's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by December 2, 2005.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption, 
unless the Board grants the requested exemption from the OFA process. 
Each OFA must be accompanied by a $1,200 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than September 22, 
2005. Each trail use request must be accompanied by a $200 filing fee. 
See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 236X), and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, N.W., Washington, DC 20423-0001; and (2) James R. 
Paschall, Norfolk Southern Railway Company, Three Commercial Place, 
Norfolk, VA 23510-2191. Replies to the petition are due on or before 
September 22, 2005.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1539. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 24, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17236 Filed 9-1-05; 8:45 am]
BILLING CODE 4915-01-P