Wisconsin Central Ltd.-Abandonment Exemption-in Ashland County, WI, 9422-9423 [06-1599]

Download as PDF 9422 Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices by the DHS, or (b) these requirements, as enforced and applied, are likely to cause diversions or delays in the transportation of hazardous materials. V. Petition for Reconsideration/Judicial Review In accordance with 49 CFR 107.211(a), any person aggrieved by this decision may file a petition for reconsideration within 20 days of publication of this decision in the Federal Register. A petition for judicial review of a final preemption determination must be filed in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the petitioner resides or has its principal place of business, within 60 days after the determination becomes final. 49 U.S.C. 5127(a). This decision will become PHMSA’s final decision 20 days after publication in the Federal Register if no petition for reconsideration is filed within that time. The filing of a petition for reconsideration is not a prerequisite to seeking judicial review of this decision under 49 U.S.C. 5127(a). If a petition for reconsideration is filed within 20 days of publication in the Federal Register, the action by PHMSA’s Associate Administrator for Hazardous Materials Safety on the petition for reconsideration will be PHMSA’s final action. 49 CFR 107.211(d). Issued in Washington, DC, on February 15, 2006. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety. [FR Doc. E6–2503 Filed 2–22–06; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34825] rwilkins on PROD1PC63 with NOTICES Gordon Reger—Continuance in Control Exemption—New Amsterdam & Seneca Railroad Company, LLC Gordon Reger (Reger) has filed a verified notice of exemption to continue in control of New Amsterdam & Seneca Railroad Company, LLC (NASR), upon NASR’s becoming a Class III rail carrier. The transaction was scheduled to be consummated after January 31, 2006, the effective date of this exemption (7 days after the exemption was filed). This transaction is related to a verified notice of exemption wherein NASR seeks to acquire by lease from Sunny Farms Landfill, LLC (Sunny VerDate Aug<31>2005 16:15 Feb 22, 2006 Jkt 205001 Farms), and operate approximately 1.25 miles of rail line in Fostoria, OH. See New Amsterdam & Seneca Railroad Company, LLC—Lease and Operation Exemption—Line in Fostoria, OH, STB Finance Docket No. 34811. Notice of the exemption was served and published in the Federal Register on January 20, 2006 (71 FR 3349–50).1 Reger, a noncarrier individual, directly controls Mid Atlantic New England Rail, LLC (Mid Atlantic), a noncarrier. Mid Atlantic, through ownership of GJ Railco Acquisition, LLC, also a noncarrier, controls New York Cross Harbor Railroad Terminal Corp (NYCH), a Class III rail carrier. Thus, Reger indirectly controls NYCH. Reger also owns New York New Jersey Rail LLC (NYNJ), a newly formed limited liability company. NYNJ and NYCH have filed a verified notice of exemption for a corporate family transaction wherein NYCH seeks to transfer to NYNJ all or substantially all of its railroad assets and intangible assets required for railroad operation. NYNJ would then assume all of NYCH’s rights and obligations to provide service as a common carrier. See New York New Jersey Rail LLC and New York Cross Harbor Railroad Terminal Corp.— Corporate Family Transaction Exemption, STB Finance Docket No. 34813 (STB served Jan. 10, 2006) (proceeding being held in abeyance until further notice to allow Conrail to discuss its concerns with NYCH regarding the effect of the proposed transaction on NYCH’s contractual obligations to Conrail). Applicant states that: (1) The lines being leased and operated by NASR do not connect with the rail lines in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the leased lines with any other rail lines in NASR’s 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, 1 NASR and Sunny Farms are both wholly owned subsidiaries of Regus Industries, LLC, which is in turn controlled by Gordon Reger. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. 34825, 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 James E. Howard, One Thompson Square, Suite 201, Charlestown, MA 02129. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: February 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–2551 Filed 2–22–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–303 (Sub-No. 28X)] Wisconsin Central Ltd.—Abandonment Exemption—in Ashland County, WI Wisconsin Central Ltd. (WCL)1 has filed a notice of exemption under 49 CFR part 1152 Subpart F—Exempt Abandonments to abandon its line of railroad in Ashland, Ashland County, WI, referred to herein as the ‘‘Ore Dock Line’’, starting from a point of switch off WCL’s mainline through Ashland at milepost 434.49 and continuing 5,160 feet to the end of WCL’s Ashland Ore Dock. The line traverses United States Postal Service Zip Code 54806. WCL 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 that would have to rerouted; (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 1 WCL is a wholly owned subsidiary of Canadian National Railway Company. E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice of governmental agencies) has been met. As a condition to this exemption, any employees 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 March 25, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an rwilkins on PROD1PC63 with NOTICES 2 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 Aug<31>2005 16:15 Feb 22, 2006 Jkt 205001 OFA under 49 CFR 1152.(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by March 6, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by March 15, 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 WCL’s representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. If the verified notice contains false or misleading information, the exemption is void ab initio. WCL has filed environmental and historic reports which address the effects, if any, of the abandonment on the environmental and historic resources. SEA will issue an environmental assessment (EA) by February 28, 2006. 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 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,200. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 9423 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), WCL 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 WCL’s filing of a notice of consummation by February 23, 2007, 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 https:// www.stb.dot.gov.’’ Decided: February 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–1599 Filed 2–22–06; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9422-9423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1599]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-303 (Sub-No. 28X)]


Wisconsin Central Ltd.--Abandonment Exemption--in Ashland County, 
WI

    Wisconsin Central Ltd. (WCL)\1\ has filed a notice of exemption 
under 49 CFR part 1152 Subpart F--Exempt Abandonments to abandon its 
line of railroad in Ashland, Ashland County, WI, referred to herein as 
the ``Ore Dock Line'', starting from a point of switch off WCL's 
mainline through Ashland at milepost 434.49 and continuing 5,160 feet 
to the end of WCL's Ashland Ore Dock. The line traverses United States 
Postal Service Zip Code 54806.
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    \1\ WCL is a wholly owned subsidiary of Canadian National 
Railway Company.
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    WCL 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 
that would have to rerouted; (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

[[Page 9423]]

1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), 
and 49 CFR 1152.50(d)(1) (notice of governmental agencies) has been 
met.
    As a condition to this exemption, any employees 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 March 25, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
March 6, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 15, 2006, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,200. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to WCL's 
representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WCL has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environmental and historic 
resources. SEA will issue an environmental assessment (EA) by February 
28, 2006. 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), WCL 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 WCL's filing of a notice of 
consummation by February 23, 2007, 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: February 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-1599 Filed 2-22-06; 8:45 am]
BILLING CODE 4915-01-P

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