V&S Railway, LLC-Acquisition and Operation Exemption-The Hutchinson and Northern Railway Company, 30978 [E6-8259]

Download as PDF 30978 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Notices Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2006– 24812 ) and must be submitted in triplicate to the Docket Clerk, DOT Central Docket Management Facility, Room Pl–401, Washington, DC 20590– 0001. Note: Any request for a public hearing must be made within 15 days of the date of this notice. Written communications received within 30 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at DOT Central Docket Management Facility, Room Pl-401 (Plaza Level), 400 Seventh Street, SW., Washington. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http:// dms.dot.gov. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19377–78). The statement may also be found at http:// dms.dot.gov. Issued in Washington, DC on May 24, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator, for Safety Standards and Program Development. [FR Doc. E6–8315 Filed 5–30–06; 8:45 am] jlentini on PROD1PC65 with NOTICES BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34875] V&S Railway, LLC—Acquisition and Operation Exemption—The Hutchinson and Northern Railway Company V&S Railway, LLC (VSR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from The Hutchinson and Northern Railway Company (HN), also a Class III rail carrier,1 and to operate approximately 5.14 miles of rail line from milepost 0.0 to milepost 5.14 in Hutchinson, Reno County, KS. VSR certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction was scheduled to be consummated on May 11, 2006. 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. 34875, 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 Fritz R. Kahn, Fritz R. Kahn P.C., 1920 N Street, NW., 8th floor, Washington, DC 20036– 1601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 23, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–8259 Filed 5–30–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 222X)] Union Pacific Railroad Company— Abandonment Exemption—in Ouachita County, AR Union Pacific Railroad Company (UP) has filed a verified notice of exemption 1 Pacific Western Railroad, a noncarrier holding company, owns all of the issued and outstanding shares of capital stock of HN. VerDate Aug<31>2005 17:52 May 30, 2006 Jkt 208001 under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon a 3.6-mile line of railroad on the El Dorado Subdivision, extending from milepost 457.0 near Gilcrest to milepost 460.6 near El Dorado Junction, in Quachita County, AR. The line traverses United States Postal Service Zip Codes 71701 and 71711. UP 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 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 June 30, 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 June 12, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 20, 2006, with the Surface Transportation Board, PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 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 was increased to $1,300 effective on April 19, 2006. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 2006). E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Notices]
[Page 30978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8259]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34875]


V&S Railway, LLC--Acquisition and Operation Exemption--The 
Hutchinson and Northern Railway Company

    V&S Railway, LLC (VSR), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from The 
Hutchinson and Northern Railway Company (HN), also a Class III rail 
carrier,\1\ and to operate approximately 5.14 miles of rail line from 
milepost 0.0 to milepost 5.14 in Hutchinson, Reno County, KS.
    VSR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier, and further certifies that its projected annual 
revenues will not exceed $5 million.
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    \1\ Pacific Western Railroad, a noncarrier holding company, owns 
all of the issued and outstanding shares of capital stock of HN.
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    The transaction was scheduled to be consummated on May 11, 2006.
    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. 34875, 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 Fritz R. Kahn, Fritz R. Kahn 
P.C., 1920 N Street, NW., 8th floor, Washington, DC 20036-1601.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 23, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-8259 Filed 5-30-06; 8:45 am]
BILLING CODE 4915-01-P