Reading Blue Mountain and Northern Railroad Company-Abandonment Exemption-in Schuylkill County, PA, 48581 [E6-13669]

Download as PDF Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices concluded that it is likely that few consumers have been influenced by the tire construction information (number of plies and cord material in the sidewall and tread plies) provided on the tire label when deciding to buy a motor vehicle or tire. Therefore, the agency agrees with Continental’s statement that the incorrect markings in this case do not present a serious safety concern.1 There is no effect of the noncompliance on the operational safety of vehicles on which these tires are mounted. In the agency’s judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the number of plies in the tire. In addition, the tires are certified to meet all the labeling requirements of FMVSS No. 139 and all other informational markings as required by FMVSS No. 139 are present. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Continental’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8. Issued on: August 14, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–13778 Filed 8–18–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–996X] hsrobinson on PROD1PC72 with NOTICES Reading Blue Mountain and Northern Railroad Company—Abandonment Exemption—in Schuylkill County, PA Reading Blue Mountain and Northern Railroad Company (RBMN) has filed a notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a 1.2-mile portion of its Minersville Running Track, extending from milepost 7.6 to milepost 8.8, in Norwegian and Cass Townships, in Schuylkill County, PA. The line 1 This decision is limited to its specific facts. As some commenters on the ANPRM noted, the existence of steel in a tire’s sidewall can be relevant to the manner in which it should be repaired or retreaded. VerDate Aug<31>2005 17:53 Aug 18, 2006 Jkt 208001 traverses United States Postal Service Zip Code 17954. RBMN has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be 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 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 September 20, 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 August 31, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 11, 2006, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to RBMN’s representative: Eric M. Hocky, Esq., Gollatz, Griffin & Ewing, P.C., Four 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). PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 48581 Penn Center, Suite 200, 1600 JFK Blvd., Philadelphia, PA 19103. If the verified notice contains false or misleading information, the exemption is void ab initio. RBMN has filed a combined environmental report and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by August 25, 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), RBMN 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 RBMN’s filing of a notice of consummation by August 21, 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: August 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13669 Filed 8–18–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request August 15, 2006. The Department of 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 E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Notices]
[Page 48581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13669]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-996X]


Reading Blue Mountain and Northern Railroad Company--Abandonment 
Exemption--in Schuylkill County, PA

    Reading Blue Mountain and Northern Railroad Company (RBMN) has 
filed a notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon a 1.2-mile portion of its Minersville Running 
Track, extending from milepost 7.6 to milepost 8.8, in Norwegian and 
Cass Townships, in Schuylkill County, PA. The line traverses United 
States Postal Service Zip Code 17954.
    RBMN has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to be 
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 
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 September 20, 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 
August 31, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 11, 2006, 
with the Surface Transportation Board, 1925 K Street, NW., Washington, 
DC 20423-0001.
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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 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.
    \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).
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    A copy of any petition filed with the Board should be sent to 
RBMN's representative: Eric M. Hocky, Esq., Gollatz, Griffin & Ewing, 
P.C., Four Penn Center, Suite 200, 1600 JFK Blvd., Philadelphia, PA 
19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RBMN has filed a combined environmental report and historic report 
which addresses the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by August 25, 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), RBMN 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 RBMN's filing of a notice of 
consummation by August 21, 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: August 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-13669 Filed 8-18-06; 8:45 am]
BILLING CODE 4915-01-P