State of Texas, Acting by and Through the Texas Department of Transportation-Acquisition Exemption-Union Pacific Railroad Company, 9633 [06-1598]

Download as PDF Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices premium, in lieu of 20% of the bond premium. The proposed increase in fees to Surety companies and small businesses will take effect on April 3, 2006. SBA invites public comments on the above stated fee increase. Please clearly identify paper and electronic comments as ‘‘Public Comments on Fee Increases under the SBG Program,’’ and send them to the contact person listed in the ADDRESSES section of the preamble. Authority: 13 CFR 115.32(b) and (c) and 115.66. Frank Lalumiere, Associate Administrator, Office of Surety Guarantees. [FR Doc. E6–2679 Filed 2–23–06; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34834] wwhite on PROD1PC65 with NOTICES State of Texas, Acting by and Through the Texas Department of Transportation—Acquisition Exemption—Union Pacific Railroad Company The State of Texas, acting by and through the Texas Department of Transportation (TXDOT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire the rights, title, and interest in certain personal and real property of a line of railroad from Union Pacific Railroad Company (UP). The line consists of a portion of the Bonham Subdivision extending between milepost 94.0 near Paris, and milepost 127.5 near Bonham, in Lamar and Fannin Counties, TX, a distance of approximately 33.5 miles. The Board previously authorized the Fannin Rural Rail Transportation District (FRRTD), a political subdivision of the State of Texas, to acquire from UP and operate the above-described rail line through the offer of financial assistance process.1 After having reached an agreement with UP for the sale of the line but before consummating the transaction, FRRTD sold its interests in the rail line to TXDOT. In consideration of FRRTD’s agreement to sell its interests, TXDOT agreed to provide the funds to acquire the rail line from UP and to lease back the properties so that FRRTD, or its operator could perform freight rail service over the rail 1 See Union Pacific Railroad Company— Abandonment Exemption—In Lamar and Fannin Counties, TX, STB Docket No. AB–33 (Sub-No. 163X) (STB served Aug. 19, 2003). VerDate Aug<31>2005 18:03 Feb 23, 2006 Jkt 208001 line.2 The sale of the line by UP to TXDOT was consummated and closed on September 21, 2005. TXDOT states that it will retain the residual common carrier obligation as part of its lease and operating agreement with FRRTD to ensure the viability of the corridor should FRRTD fail in its efforts to restore the line. TXDOT has filed this notice of exemption to cure its inadvertent failure to obtain prior Board approval of the sale to TXDOT rather than FRRTD. The exemption authorized by this notice became effective on February 9, 2006 (7 days after the notice was filed). TXDOT certifies that its projected revenues as a result of this transaction will not exceed those of a Class III rail carrier. If the 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. 34834, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Richard H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: February 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–1598 Filed 2–23–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34435] Ameren Energy Generating Company—Construction and Operation Exemption—in Coffeen and Walshville, IL By petition filed on February 5, 2004, Ameren Energy Generating Company (AEGC or petitioner), a wholly owned subsidiary of Ameren Corporation (Ameren), on behalf of itself and Coffeen and Western Railroad Company 2 TXDOT states that an appropriate notice will be filed in the event an operator is hired by FRRTD. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 9633 (CWRC), its railroad subsidiary,1 seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901, to allow the construction and operation of approximately 13 miles of rail line. The line would run between AEGC’s Coffeen Power Plant near Coffeen, IL, and separate connections with the Union Pacific Railroad Company (UP) and BNSF Railway Company (BNSF) near Walshville, IL. In a decision served on May 5, 2004, the Board instituted a proceeding under 49 U.S.C. 10502(b). On May 26, 2004, Norfolk Southern Railway Company (NS) filed a notice of appearance and initial comments, to which AEGC and CWRC replied on June 22, 2004.2 The Board’s Section of Environmental Analysis (SEA) conducted an environmental review of the proposed construction and alternatives to the proposal. A detailed Environmental Assessment (EA), prepared by SEA, was issued for public review and comment on May 25, 2005. SEA then prepared a Post Environmental Assessment (Post EA) dated January 13, 2006. The Post EA considers all the comments received on the EA, reflects SEA’s further independent analysis, and sets forth SEA’s final recommended environmental mitigation. After considering the entire record, including both the transportation aspects of the petition and the potential environmental issues, we will grant the requested exemption, subject to the environmental mitigation measures recommended in the Post EA, which are set forth in the Appendix. Background Ameren’s electric generating facilities provide energy services to 1.7 million electric customers and have a net generating capacity of more than 14,500 megawatts. The Coffeen Power Plant is a 900-megawatt facility and, at full capacity, can burn approximately 450 tons of coal to produce 6.7 million 1 Through a wholly owned subsidiary, Ameren ERC, Inc., Ameren controls the Missouri Central Railroad Company (MCRR). See Ameren Corporation—Control Exemption—Missouri Central Railroad Company, STB Finance Docket No. 33805 (STB served Nov. 5, 1999). In addition, Ameren owns a 60% interest in Electric Energy, Inc. (EEI), an exempt wholesale generator with 1,087 megawatts of capacity. Through EEI, Ameren controls the Joppa & Eastern Railroad (JERR). Ameren has obtained authority to control MCRR, JERR, and CWRC. Ameren Corporation—Control Exemption—Coffeen and Western Railroad Company, STB Finance Docket No. 34498 (STB served May 10, 2004). 2 By decision served July 9, 2004, the Board denied a motion filed June 2, 2004, by CWRC to strike as irrelevant and inappropriate NS’s initial comments. E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Page 9633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1598]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34834]


State of Texas, Acting by and Through the Texas Department of 
Transportation--Acquisition Exemption--Union Pacific Railroad Company

    The State of Texas, acting by and through the Texas Department of 
Transportation (TXDOT), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire the rights, title, and 
interest in certain personal and real property of a line of railroad 
from Union Pacific Railroad Company (UP). The line consists of a 
portion of the Bonham Subdivision extending between milepost 94.0 near 
Paris, and milepost 127.5 near Bonham, in Lamar and Fannin Counties, 
TX, a distance of approximately 33.5 miles.
    The Board previously authorized the Fannin Rural Rail 
Transportation District (FRRTD), a political subdivision of the State 
of Texas, to acquire from UP and operate the above-described rail line 
through the offer of financial assistance process.\1\ After having 
reached an agreement with UP for the sale of the line but before 
consummating the transaction, FRRTD sold its interests in the rail line 
to TXDOT. In consideration of FRRTD's agreement to sell its interests, 
TXDOT agreed to provide the funds to acquire the rail line from UP and 
to lease back the properties so that FRRTD, or its operator could 
perform freight rail service over the rail line.\2\ The sale of the 
line by UP to TXDOT was consummated and closed on September 21, 2005.
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    \1\ See Union Pacific Railroad Company--Abandonment Exemption--
In Lamar and Fannin Counties, TX, STB Docket No. AB-33 (Sub-No. 
163X) (STB served Aug. 19, 2003).
    \2\ TXDOT states that an appropriate notice will be filed in the 
event an operator is hired by FRRTD.
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    TXDOT states that it will retain the residual common carrier 
obligation as part of its lease and operating agreement with FRRTD to 
ensure the viability of the corridor should FRRTD fail in its efforts 
to restore the line. TXDOT has filed this notice of exemption to cure 
its inadvertent failure to obtain prior Board approval of the sale to 
TXDOT rather than FRRTD.
    The exemption authorized by this notice became effective on 
February 9, 2006 (7 days after the notice was filed).
    TXDOT certifies that its projected revenues as a result of this 
transaction will not exceed those of a Class III rail carrier.
    If the 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. 34834, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Richard H. Streeter, Barnes & 
Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
``https://www.stb.dot.gov.''

    Decided: February 15, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-1598 Filed 2-23-06; 8:45 am]
BILLING CODE 4915-01-P