Minnesota Commercial Railway Company-Discontinuance of Trackage Rights Exemption-in Washington County, MN, 73817-73818 [05-23931]

Download as PDF Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices Total Estimated Annual Burden: 252 hours. Dated: December 7, 2005. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E5–7242 Filed 12–12–05; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Cargo Restraint Strap Assemblies Federal Aviation Administration (FAA), DOT. ACTION: Notice of availability and request for public comment. AGENCY: SUMMARY: This notice announces the availability of, and requests comment on draft Technical Standard Order (TSO) C–172, Cargo Restraint Strap Assemblies. This draft TSO tells persons seeking a TSO authorization or letter of design approval what minimum performance standards (MPS) their Cargo Restraint Strap Assemblies must meet to be identified with the appropriate TSO marking. DATES: Comments must be received on or before January 27, 2006. ADDRESSES: Send all comments on this proposed TSO to: Federal Aviation Administration (FAA), Aircraft Certification Service, Aircraft Engineering Division, Technical Programs and Continued Airworthiness Branch (AIR–120), 800 Independence Avenue, SW., Washington, DC 20591. ATTN: Mr. Jan Risheim. Or, you may deliver comments to: Federal Aviation Administration, Room 815, 800 Independence Avenue, SW., Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: Mr. Jan Risheim, AIR–120, Room 815, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone (425) 227–2209, fax (425) 227–1181. SUPPLEMENTARY INFORMATION: Comments Invited You are invited to comment on the proposed TSO by submitting written data, views, or arguments to the above address. Comments received may be examined, both before and after the closing date, in room 815 at the above address, weekdays except federal holidays, between 8:30 a.m. and 4:30 p.m. The Director, Aircraft Certification Service, will consider all comments received on or before the closing date before issuing the final TSO. VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 Background Cargo restraint strap assemblies are generally used to restrain cargo loaded onto pallets for transport in the cargo hold of aircraft. Cargo restrain strap assemblies are available from commercial sources but generally do not carry an FAA design or production approval. This proposed TSO tells persons seeking a TSO authorization or letter of design approval what minimum performance standards their cargo restraint strap assemblies must first meet in order to obtain approval and be identified with the applicable TSO marking. The TSO marking provides evidence of an FAA design and production approval to the minimum performance standard identified in the proposed TSO. How To Obtain Copies You can view or download the draft TSO from its online location at: http:// www.faa.gov/aircraft/draftldocs/. At this Web page, select ‘‘Technical Standard Orders.’’ At the TSO page, select ‘‘Proposed TSOs.’’ For a paper copy, contact the person listed in FOR FURTHER INFORMATION CONTACT. Note, SAE International documents are copyrighted and may not be reproduced without the written consent of SAE International. You may purchase copies of SAE International documents from: SAE International, 400 Commonwealth Drive, Warrendale, PA 15096–0001, or directly from their Web site: http:// www.sae.org/. Issued in Washington, DC, on December 5, 2005. Susan J.M. Cabler, Assistant Manager, Aircraft Engineering Division, Aircraft Certification Service. [FR Doc. 05–23934 Filed 12–12–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–882 (Sub–No. 2X)] Minnesota Commercial Railway Company—Discontinuance of Trackage Rights Exemption—in Washington County, MN The Minnesota Commercial Railway Company (MNNR) has filed a verified notice of exemption under 49 CFR Part 1152 Subpart F—Exempt Abandonments and Discontinuances of Services to discontinue trackage rights over a 0.99-mile line of railroad owned by BNSF Railway Company (BNSF) between milepost 11.81 and milepost 12.80, in Stillwater, Washington PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 73817 County, MN.1 This line traverses United States Postal Service Zip Code 55082.2 MNNR has certified that: (1) No local traffic has been handled to or from any customer for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years and, the line is not capable of handling overhead traffic as it is stub-ended; (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 1105.12 (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 discontinuance 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 January 12, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 and 1 MNNR’s trackage rights were the subject of an exemption in Minnesota Commercial Railway, Inc.—Trackage Rights Exemption—Burlington Northern Railroad Company, Finance Docket No. 31603 ICC served Feb. 26, 1990). 2 BNSF received abandonment authority for the 0.99-mile line segment in The Burlington Northern and Santa Fe Railway Company—Abandonment Exemption—in Washington County, MN, STB Docket No. AB–6 (Sub-No. 413X) (STB served May 28, 2004). The May 28 notice stated that, if consummation has not been effected by BNSF’s filing of a notice of consummation by May 28, 2005, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Also, on April 22, 2005, BNSF filed a request to extend the consummation deadline until December 31, 2005, and by decision served May 10, 2005, that deadline was extended until December 31, 2005. In any event, BNSF may not consummate abandonment until MNNR receives authority to discontinue its trackage rights over the line. 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. E:\FR\FM\13DEN1.SGM 13DEN1 73818 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 must be filed by December 23, 2005. Petitions to reopen must be filed by January 3, 2006, 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 applicants’ representative: Karl Morell, Ball Janik LLP, 1455 F St., NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 BNSF previously filed an environmental and historic report which addressed the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) based on the information in that report by December 16, 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, and historic preservation conditions will be imposed, where appropriate, in a subsequent decision. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 6, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–23931 Filed 12–12–05; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73817-73818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23931]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-882 (Sub-No. 2X)]


Minnesota Commercial Railway Company--Discontinuance of Trackage 
Rights Exemption--in Washington County, MN

    The Minnesota Commercial Railway Company (MNNR) has filed a 
verified notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Services to discontinue trackage 
rights over a 0.99-mile line of railroad owned by BNSF Railway Company 
(BNSF) between milepost 11.81 and milepost 12.80, in Stillwater, 
Washington County, MN.\1\ This line traverses United States Postal 
Service Zip Code 55082.\2\
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    \1\ MNNR's trackage rights were the subject of an exemption in 
Minnesota Commercial Railway, Inc.--Trackage Rights Exemption--
Burlington Northern Railroad Company, Finance Docket No. 31603 ICC 
served Feb. 26, 1990).
    \2\ BNSF received abandonment authority for the 0.99-mile line 
segment in The Burlington Northern and Santa Fe Railway Company--
Abandonment Exemption--in Washington County, MN, STB Docket No. AB-6 
(Sub-No. 413X) (STB served May 28, 2004). The May 28 notice stated 
that, if consummation has not been effected by BNSF's filing of a 
notice of consummation by May 28, 2005, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire. Also, on April 22, 2005, BNSF filed a request 
to extend the consummation deadline until December 31, 2005, and by 
decision served May 10, 2005, that deadline was extended until 
December 31, 2005. In any event, BNSF may not consummate abandonment 
until MNNR receives authority to discontinue its trackage rights 
over the line.
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    MNNR has certified that: (1) No local traffic has been handled to 
or from any customer for at least 2 years; (2) no overhead traffic has 
been handled on the line for at least 2 years and, the line is not 
capable of handling overhead traffic as it is stub-ended; (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 1105.12 (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 discontinuance 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 January 12, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ and

[[Page 73818]]

formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ must be filed by December 23, 2005. Petitions to 
reopen must be filed by January 3, 2006, with: Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \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 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.
    \4\ Each OFA 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 
applicants' representative: Karl Morell, Ball Janik LLP, 1455 F St., 
NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF previously filed an environmental and historic report which 
addressed the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. SEA will issue an environmental 
assessment (EA) based on the information in that report by December 16, 
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, and historic preservation conditions will be 
imposed, where appropriate, in a subsequent decision.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 6, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 05-23931 Filed 12-12-05; 8:45 am]
BILLING CODE 4915-01-P