BNSF Railway Company-Abandonment Exemption-in Rock Island and Whiteside Counties, IL; Iowa, Chicago & Eastern Railroad Corporation-Discontinuance of Service Exemption-in Rock Island and Whiteside Counties, IL, 76912-76913 [05-24558]

Download as PDF 76912 Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices 17th Street, NW., Washington, DC 20503. 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 Department’s 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. Issued in Washington, DC, on December 22, 2005. Susan Gorsky, Acting Director, Office of Hazardous Materials Standards. [FR Doc. 05–24518 Filed 12–27–05; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34784] Koch Forest Products, Inc. and Koch Industries, Inc.—Acquisition of Control Exemption—Gloster Southern Railroad Company and Blue Rapids Railway Company wwhite on PROD1PC65 with NOTICES Koch Industries, Inc. (Koch Industries), and its wholly owned subsidiary Koch Forest Products, Inc. (Koch Forest), both noncarriers (together, Applicants), have filed a verified notice of exemption to acquire control of the following two Class III railroads: (1) Gloster Southern Railroad Company (GSR) and Blue Rapids Railway Company (BRR).1 The transaction is expected to be consummated on or after December 15, 2005. Koch Forest Products states that: (1) The rail lines operated by GSR, BRR and OAR do not connect with each other or any railroad in their corporate family; (2) the transaction is not part of a series of anticipated transactions that would 1 1 Koch Forest will acquire the two railroads pursuant to its acquiring all of the outstanding stock of Georgia-Pacific Corporation (Georgia-Pacific). Following this transaction, Koch Forest will be merged into Georgia-Pacific and Georgia-Pacific, GSR, and BRR will then become indirect wholly owned subsidiaries of Koch Industries. Koch Industries, through its wholly owned subsidiary Koch Cellulose, LLC, also controls the Old Augusta Railroad Company (OAR), a Class III railroad. VerDate Aug<31>2005 17:37 Dec 27, 2005 Jkt 208001 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 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 sections 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. 34784, 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 David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Avenue, Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 19, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–24403 Filed 12–27–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub–No. 435X); STB Docket No. AB–987X] BNSF Railway Company— Abandonment Exemption—in Rock Island and Whiteside Counties, IL; Iowa, Chicago & Eastern Railroad Corporation—Discontinuance of Service Exemption—in Rock Island and Whiteside Counties, IL BNSF Railway Company (BNSF) and Iowa, Chicago & Eastern Railroad Corporation (ICE) have jointly filed a notice of exemption under 49 CFR 1152 subpart F—Exempt Abandonments and Discontinuances of Service for BNSF to PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 abandon, and for ICE to discontinue service over, approximately 5.09 miles of railroad between milepost 20.31 and milepost 25.40, near Albany, in Rock Island and Whiteside Counties, IL. The line traverses United States Postal Service Zip Codes 61230, 61242, and 61252. BNSF and ICE have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line 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 (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 of 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 these exemptions, any employee adversely affected by the abandonment or 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, these exemptions will be effective on January 26, 2006, 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 January 6, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 17, 2006, with: Surface Transportation 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 exemptions’ 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 exemptions’ 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\28DEN1.SGM 28DEN1 Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices Board, 1925 K Street, NW., Washington, DC 20423–0001.3 A copy of any petition filed with the Board should be sent to applicants’ representatives: Michael Smith, 311 S. Wacker Dr., Suite 3000, Chicago, IL 60606–6677, and Karl Morell, 1455 F Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemptions are void ab initio. BNSF and ICE have filed environmental and historic reports which address the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 30, 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. [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), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF’s filing of a notice of consummation by December 27, 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: December 22, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–24558 Filed 12–27–05 8:45 am] wwhite on PROD1PC65 with NOTICES BILLING CODE 4915–01–P 3 In response to the abandonment notice for the above-described rail line, the Village of Albany has filed requests for issuance of a public use condition under 49 U.S.C. 10905, and issuance of an interim trail use condition pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board will address both requests, and any others that may be timely filed, in a separate decision. VerDate Aug<31>2005 17:37 Dec 27, 2005 Jkt 208001 DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Proposed Collection; Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (the Fund), a bureau of the Department of the Treasury, is soliciting comments concerning the New Markets Tax Credit (NMTC) Program—Allocation Application. DATES: Written comments should be received on or before February 27, 2006 to be assured of consideration. ADDRESSES: Direct all comments to Matt Josephs, New Markets Tax Credit Program Manager, Community Development Financial Institutions Fund, U.S. Department of the Treasury, 601 13th Street, NW., Suite 200 South, Washington, DC 20005, Facsimile Number (202) 622–8911. FOR FURTHER INFORMATION CONTACT: The NMTC Allocation Application may be obtained from the Fund’s Web site at http://www.cdfifund.gov. Requests for additional information should be directed to Matt Josephs, New Markets Tax Credit Program Manager, Community Development Financial Institutions Fund, U.S. Department of the Treasury, 601 13th Street, NW., Suite 200 South, Washington, DC 20005, or by phone to (202) 622–7373. SUPPLEMENTARY INFORMATION: Title: New Markets Tax Credit Program— Allocation Application. OMB Number: 1559–0016. Abstract: Title I, subtitle C, section 121 of the Community Renewal Tax Relief Act of 2000 (the Act), as enacted by section 1(a)(7) of the Consolidated Appropriations Act, 2001 (Pub. L. 106– 554, December 21, 2000), amended the Internal Revenue Code (IRC) by adding IRC § 45D, New Markets Tax Credit. Pursuant to IRC § 45D, the Department of the Treasury, through the Fund, administers the NMTC Program, which will provide an incentive to investors in the form of tax credits over seven years, which is expected to stimulate the PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 76913 provision of private investment capital that, in turn, will facilitate economic and community development in lowincome communities. In order to qualify for an allocation of tax credits under the NMTC Program, an entity must be certified as a qualified community development entity and submit an allocation application to the CDFI Fund. Upon receipt of such applications, the CDFI Fund will conduct a competitive review process to evaluate applications for the receipt of NMTC allocations. Current Actions: Currently reviewing allocation applications. Type of review: Extension. Affected Public: Business or other forprofit institutions, not-for-profit institutions and State, local and Tribal entities. Estimated Number of Respondents: 250. Estimated Annual Time Per Respondent: 175 hours. Estimated Total Annual Burden Hours: 43,750 hours. Requests For Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services required to provide information. Authority: Consolidated Appropriations Act of 2001, Pub. L. 106–554; 31 U.S.C. 321. Dated: December 20, 2005. Arthur A. Garcia, Director, Community Development Financial Institutions Fund. [FR Doc. E5–7901 Filed 12–27–05; 8:45 am] BILLING CODE 4810–70–P E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76912-76913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24558]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 435X); STB Docket No. AB-987X]


BNSF Railway Company--Abandonment Exemption--in Rock Island and 
Whiteside Counties, IL; Iowa, Chicago & Eastern Railroad Corporation--
Discontinuance of Service Exemption--in Rock Island and Whiteside 
Counties, IL

    BNSF Railway Company (BNSF) and Iowa, Chicago & Eastern Railroad 
Corporation (ICE) have jointly filed a notice of exemption under 49 CFR 
1152 subpart F--Exempt Abandonments and Discontinuances of Service for 
BNSF to abandon, and for ICE to discontinue service over, approximately 
5.09 miles of railroad between milepost 20.31 and milepost 25.40, near 
Albany, in Rock Island and Whiteside Counties, IL. The line traverses 
United States Postal Service Zip Codes 61230, 61242, and 61252.
    BNSF and ICE have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) any overhead traffic on the 
line 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 
(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 of 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 these exemptions, any employee adversely affected 
by the abandonment or 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, these exemptions will be 
effective on January 26, 2006, 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 
January 6, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 17, 2006, 
with: Surface Transportation

[[Page 76913]]

Board, 1925 K Street, NW., Washington, DC 20423-0001.\3\
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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 exemptions' 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 exemptions' 
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).
    \3\ In response to the abandonment notice for the above-
described rail line, the Village of Albany has filed requests for 
issuance of a public use condition under 49 U.S.C. 10905, and 
issuance of an interim trail use condition pursuant to section 8(d) 
of the National Trails System Act, 16 U.S.C. 1247(d). The Board will 
address both requests, and any others that may be timely filed, in a 
separate decision.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Michael Smith, 311 S. Wacker Dr., Suite 
3000, Chicago, IL 60606-6677, and Karl Morell, 1455 F Street, NW., 
Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    BNSF and ICE have filed environmental and historic reports which 
address the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. SEA will issue an environmental 
assessment (EA) by December 30, 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. 
[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), BNSF shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by BNSF's filing of a notice of 
consummation by December 27, 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: December 22, 2005.

    By the Board,
David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-24558 Filed 12-27-05 8:45 am]
BILLING CODE 4915-01-P