Dakota, Missouri Valley and Western Railroad, Inc.-Lease and Operation Exemption-Soo Line Railroad Company, 42892-42893 [E6-12098]

Download as PDF 42892 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices east to SH 130/US 183; in Travis and Hays Counties in the State of Texas. The project will be an approximately sevenDated: July 18, 2006. mile long, six-lane tollway with grade Henrietta H. Fore, separations at all intersecting roadways Under Secretary for Management, and no frontage roads (i.e. a fully accessDepartment of State. controlled facility). The proposed [FR Doc. E6–12111 Filed 7–27–06; 8:45 am] highway will be on new alignment. The BILLING CODE 4710–10–P actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final DEPARTMENT OF TRANSPORTATION Environmental Impact statement (FEIS) for the project, approved on December Federal Highway Administration 8, 2003, in the FHWA Record of Notice of Final Federal Agency Actions Decision (ROD) issued on February 5, 2004, in the revised ROD issued on June on State Highway 45SE in Texas 26, 2006, and in other documents in the AGENCY: Federal Highway FHWA administrative record. The FEIS, Administration (FHWA), Texas ROD, and other documents in the Department of Transportation (TxDOT). FHWA administrative record file are available by contacting the FHWA or the ACTION: Notice of Limitation on claims for Judicial Review of Actions by FHWA Texas Department of Transportation at the addresses provided above. This and Other Federal Agencies. notice applies to all Federal agency SUMMARY: This notice announces actions decisions as of the issuance date of this taken by the FHWA and other Federal notice and all laws under which such agencies that are final within the actions were taken, including but not meaning of 23 U.S.C. 139(l)(1). The limited to: actions relate to a proposed highway 1. General: National Environmental project, State Highway 45 Southeast (SH Policy Act (NEPA) [42 U.S.C. 4321– 45SE), south of Austin, beginning at I– 4351]; Federal-Aid Highway Act [23 35 and heading east to SH 130/US 183 U.S.C. 109]. in Travis and Hays Counties in the State 2. Air Clean Air Act, 42 U.S.C. 7401– of Texas. Those actions grant licenses, 7671(q). permits, and approvals for the project. 3. Land Section 4(f) of the Department DATES: By this notice, the FHWA is of Transportation Act of 1966 [49 U.S.C. advising the public of final agency 303]. actions subject to 23 U.S.C. 139(l)(1). A 4. Wildlife: Endangered Species Act claim seeking judicial review of the [16 U.S.C. 1531–1544 and section 1536], Federal agency actions on the highway Migratory Bird Treaty Act [16 U.S.C. project will barred unless the claim is 703–712]. filled on or before January 24, 2007. If 5. Historic and Cultural Resources: the Federal law that authorizes judicial Section 106 of the National Historic review of a claim provides a time period Preservation Act of 1966, as amended for less than 180 days for filing such [16 U.S.C. 470(f) et seq.]; Archeological claim, then that shorter time period still Resources Protection Act of 1977 [16 applies. U.S.C. 470(aa)–11]; Archeological and FOR FURTHER INFORMATION CONTACT: Mr. Historic Preservation Act [16 U.S.C. Salvador Deocampo, District Engineer, 469–469(c)]. Federal Highway Administration, 300 E. 6. Social and Economic: Civil Rights 8th Street, Rm. 826, Austin, Texas Act of 1964 [42 U.S.C. 2000(d)– 78701; telephone: (512) 536–5950; e2000(d)(1)]; Farmland Protection Policy mail salvador.deocampo@fhwa.dot.gov. Act (FPPA) [7 U.S.C. 4201–4209]. The FHWA Texas Division Office’s 7. Wetlands and Water Resources: normal business hours are 7:45 a.m. to Clean Water Act, 33 U.S.C. 1251–1377 4:15 p.m. You may also contact Ms. (section 404, section 401, section 319). Dianna Noble, Texas Department of 8. Executive Orders: 11990 Protection Transportation, 125 E. 11th Street, of Wetlands; E.O. 11988 Floodplain Austin, Texas 78701; telephone (512) Management; E.O. 12898, Federal 416–2734. Actions to Address Environmental Justice in Minority Populations and Low SUPPLEMENTARY INFORMATION: Notice is Income Populations; E.O. 11593 hereby given that the FHWA and other Federal agencies have taken final agency Protection and Enhancement of Cultural actions by issuing licenses, permits, and Resources; E.O. 13175 Consultation and Coordination with Indian Tribal approvals for the following highway Governments; E.O. 11514 Protection and project in the State of Texas: State Highway 45 Southeast (SH 45SE), south Enhancement of Environmental Quality; of Austin beginning at I–35 and heading E.O. 13112 Invasive Species. rwilkins on PROD1PC63 with NOTICES 2201 C Street, NW., Washington, DC 20520–1238. VerDate Aug<31>2005 17:47 Jul 27, 2006 Jkt 208001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on July 17, 2006. Salvador Deocampo, District Engineer, Austin, Texas. [FR Doc. 06–6525 Filed 7–27–06; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34904] Dakota, Missouri Valley and Western Railroad, Inc.—Lease and Operation Exemption—Soo Line Railroad Company Dakota, Missouri Valley and Western Railroad, Inc. (DMVW), a Class III rail carrier, has filed a verified notice of exemption under 49 CR 1150.41, et seq., to extend, renew and supplement the arrangement governing its lease and operation of certain lines of railroad owned by Soo Line Railroad Company, d/b/a Canadian Pacific Railway Company (CPR) and currently operated by DMVW. These lines run between Hankinson, ND, and Moffit, ND; Bismarck, ND and Max, ND; and Flaxton, ND and Whitetail, MT. Specifically, DMVW will continue to lease and operate: (1) Between approximately milepost 205.96 in Hankinson and approximately milepost 391.38 near Moffit; (2) between approximately mileposts 391.27 and 393.33 at Moffit; (3) between approximately milepost 560.5 in Bismarck and approximately mileposts 467.61 and 467.06 on the legs of the wye in Max; (4) between approximately milepost 541.0 at Flaxton and approximately milepost 549.64 at Rival, ND; (5) between approximately milepost 582.3 at Crosby, ND, and approximately milepost 676.83 at Whitetail, (6) between approximately mileposts 581.19 and 582.35 near Crosby; and (7) between approximately mileposts 557.68 and 558.31 at Columbus, ND (collectively, the Subject Lines), a total distance of approximately 386 miles of rail line. DMVW currently operates the Subject Lines pursuant to a lease agreement with CPR. DMVW and CPR have agreed to enter into a Renewed Lease Agreement that will extend the terms of DMVW’s lease and operation of the Subject Lines through June 30, 2026, E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices and will amend and supplement certain other terms and conditions of the lease arrangement between DMVW and CPR. DMVW will continue to retain the following trackage rights that it acquired by assignment from CPR in 1990: (1) CPR’s trackage rights over the line of railroad owned jointly by CPR and the BNSF Railway Company (BNSF) between approximately milepost 549.64 at Rival and milepost 582.3 at Crosby, which allows DMVW to operate between the Flaxton-Rival and CrosbyWhitetail segments that it leases from CPR; (2) CPR’s trackage rights over the short branch line owned jointly by CPR and BNSF that connects the FlaxtonWhitetail main line with the short CPR track at Columbus, ND; and (3) CPR’s trackage rights over the line of railroad owned by BNSF between McKenzie, ND and Bismarck, which enables DMVW to connect its operations on the BismarckMax segment with its operations on the Moffit-Hankinson segment via the line of railroad owned by DMVW between McKenzie and Moffit. DMVW certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. DMVW indicates that the parties intend to consummate the transaction on or soon after the date this exemption becomes effective in recognition of the fact that the date of effectiveness depends on whether a related petition for waiver is granted.1 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. 34904, 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 Edward J. Fishman, 1601 K Street, NW., Washington, DC 20006–1600. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. rwilkins on PROD1PC63 with NOTICES By the Board, David M. Konschnik, Director, Office of Proceedings. 1 In a decision in this proceeding served on July 24, 2006, the Board granted a request by DMVW for waiver of the 60-day advance labor notice requirement of 49 CFR 1150.42(e). The exemption became effective on the service date of that decision. VerDate Aug<31>2005 17:47 Jul 27, 2006 Jkt 208001 Decided: July 24, 2006. Vernon A. Williams, Secretary. [FR Doc. E6–12098 Filed 7–27–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34900] Lackawaxen-Honesdale Shippers Association, Inc.—Acquisition of Control Exemption—Stourbridge Railroad Company, Inc. Lackawaxen-Honesdale Shippers Association, Inc. (LHSA), has filed a verified notice of exemption to acquire control of Stourbridge Railroad Company, Inc. (Stourbridge), from Mr. Richard D. Robey. Stourbridge is a Class III railroad, providing rail service on the Honesdale Branch, which extends from Lackawaxen, PA, to Honesdale, PA.1 The transaction was scheduled to be consummated on or after July 7, 2006, the effective date of the exemption (7 days after the exemption was filed). As a result of this transaction, LHSA will own and control the stock of Stourbridge, which will continue to operate the Honesdale Branch.2 LHSA states that it owns no other rail lines or railroads, and therefore, Stourbridge does not connect with any other railroad owned or operated by LHSA. LHSA also states that the acquisition of control of Stourbridge is not part of a series of anticipated transactions that would connect that railroad with any other railroad owned by LHSA. In addition, the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323–25. 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 1 Stourbridge obtained operating authority for this rail line in Stourbridge Railroad Company, Inc.— Operation Exemption—in Wayne and Pike Counties, PA, Finance Docket No. 31508 (ICC served Jan. 25, 1990). 2 LHSA obtained authority to acquire, and the common carrier obligation to serve, the Honesdale Branch from the Pennsylvania Department of Transportation in Lackawaxen-Honesdale Shippers Association, Inc.—Acquisition Exemption— Pennsylvania Department of Transportation, STB Finance Docket No. 34891 (STB served July 13, 2006). PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 42893 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. 34900, 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 Richard R. Wilson, Esq., 127 Lexington Avenue, Ste. 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 19, 2006. By the Board. David M. Konschnik, Director, Office of Proceedings. [FR Doc. E6–11954 Filed 7–27–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request July 24, 2006. The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before August 28, 2006 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545–0193. Type of Review: Extension. Title: Tax on Lump Sum Distributions (From Qualified Plans of Participants Born Before January 2, 1936). Form: 4972. Description: IRC Section 402(e) allows taxpayers to compute a separate tax on a lump sum distribution from a qualified retirement plan. Form 4972 is used to correctly figure that tax. The E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42892-42893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12098]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34904]


Dakota, Missouri Valley and Western Railroad, Inc.--Lease and 
Operation Exemption--Soo Line Railroad Company

    Dakota, Missouri Valley and Western Railroad, Inc. (DMVW), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CR 
1150.41, et seq., to extend, renew and supplement the arrangement 
governing its lease and operation of certain lines of railroad owned by 
Soo Line Railroad Company, d/b/a Canadian Pacific Railway Company (CPR) 
and currently operated by DMVW. These lines run between Hankinson, ND, 
and Moffit, ND; Bismarck, ND and Max, ND; and Flaxton, ND and 
Whitetail, MT. Specifically, DMVW will continue to lease and operate: 
(1) Between approximately milepost 205.96 in Hankinson and 
approximately milepost 391.38 near Moffit; (2) between approximately 
mileposts 391.27 and 393.33 at Moffit; (3) between approximately 
milepost 560.5 in Bismarck and approximately mileposts 467.61 and 
467.06 on the legs of the wye in Max; (4) between approximately 
milepost 541.0 at Flaxton and approximately milepost 549.64 at Rival, 
ND; (5) between approximately milepost 582.3 at Crosby, ND, and 
approximately milepost 676.83 at Whitetail, (6) between approximately 
mileposts 581.19 and 582.35 near Crosby; and (7) between approximately 
mileposts 557.68 and 558.31 at Columbus, ND (collectively, the Subject 
Lines), a total distance of approximately 386 miles of rail line.
    DMVW currently operates the Subject Lines pursuant to a lease 
agreement with CPR. DMVW and CPR have agreed to enter into a Renewed 
Lease Agreement that will extend the terms of DMVW's lease and 
operation of the Subject Lines through June 30, 2026,

[[Page 42893]]

and will amend and supplement certain other terms and conditions of the 
lease arrangement between DMVW and CPR.
    DMVW will continue to retain the following trackage rights that it 
acquired by assignment from CPR in 1990: (1) CPR's trackage rights over 
the line of railroad owned jointly by CPR and the BNSF Railway Company 
(BNSF) between approximately milepost 549.64 at Rival and milepost 
582.3 at Crosby, which allows DMVW to operate between the Flaxton-Rival 
and Crosby-Whitetail segments that it leases from CPR; (2) CPR's 
trackage rights over the short branch line owned jointly by CPR and 
BNSF that connects the Flaxton-Whitetail main line with the short CPR 
track at Columbus, ND; and (3) CPR's trackage rights over the line of 
railroad owned by BNSF between McKenzie, ND and Bismarck, which enables 
DMVW to connect its operations on the Bismarck-Max segment with its 
operations on the Moffit-Hankinson segment via the line of railroad 
owned by DMVW between McKenzie and Moffit.
    DMVW certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier.
    DMVW indicates that the parties intend to consummate the 
transaction on or soon after the date this exemption becomes effective 
in recognition of the fact that the date of effectiveness depends on 
whether a related petition for waiver is granted.\1\
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    \1\ In a decision in this proceeding served on July 24, 2006, 
the Board granted a request by DMVW for waiver of the 60-day advance 
labor notice requirement of 49 CFR 1150.42(e). The exemption became 
effective on the service date of that decision.
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    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. 34904, 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 Edward J. Fishman, 1601 K 
Street, NW., Washington, DC 20006-1600.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: July 24, 2006.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-12098 Filed 7-27-06; 8:45 am]
BILLING CODE 4915-01-P