PYCO Industries, Inc.-Feeder Line Application-Lines of South Plains Switching, Ltd. Co.; Keokuk Junction Railway Co.-Feeder Line Application-Lines of South Plains Switching, Ltd. Co., 48972-48973 [E6-13898]

Download as PDF 48972 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES project to become ‘‘participating agencies,’’ (2) provide an opportunity for involvement by participating agencies and the public in helping to define the purpose and need for a proposed project, as well as the range of alternatives for consideration in the impact statement, and (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process. This notice of intent constitutes an invitation to other Federal and nonFederal agencies and Indian tribes that may have an interest in the proposed project to become a participating agency in the environmental review process. It is also an invitation for public and agency involvement. A public and agency involvement Coordination Plan will be created. The program will include a project Web site; outreach to local jurisdictions and community and civic groups through a variety of methods; a public scoping process to define the issues of concern among all parties interested in the project; a public hearing on release of the draft environmental impact statement; and development and distribution of project fact sheets. In accordance with 23 CFR 771.105(a) and 771.133, FTA will comply with all Federal environmental laws, regulations, and executive orders applicable to the proposed project during the environmental review process to the maximum extent practicable. These requirements include, but are not limited to, the regulations of the Council on Environmental Quality and FTA implementing NEPA (40 CFR parts 1500–1508, and 23 CFR Part 771), the project-level air quality conformity regulation of the U.S. Environmental Protection Agency (EPA) (40 CFR part 93), the Section 404(b)(1) guidelines of EPA (40 CFR part 230), the regulation implementing Section 106 of the National Historic Preservation Act (36 CFR Part 800), the regulation implementing section 7 of the Endangered Species Act (50 CFR part 402), Section 4(f) of the DOT Act (23 CFR 771.135), and Executive Orders 12898 on environmental justice, 11988 on floodplain management, and 11990 on wetlands. identifying any significant environmental issues related to the alternatives; and the preliminary purpose and need statement as noted here. Additional reasonable alternatives suggested during the scoping process, including those involving other transit modes or route alignments, will be considered. An Environmental Scoping Information Report describing the project, the proposed preliminary alternatives and station locations, the impact areas to be evaluated, and the preliminary EIS schedule has been prepared. The Environmental Scoping Information Report also includes the preliminary purpose and need statement, which is summarized in this notice, as well as a summary of the project’s planning history. You may request a copy of the Environmental Scoping Information Report by contacting Brooke Belman, Sound Transit, 401 S. Jackson Street, Seattle, WA 98104–2826, Telephone: (206) 398–5238, or E-mail: belmanb@soundtransit.org. A copy of the report is also available at Sound Transit’s Web site at http:// www.soundtransit.org. A more detailed report on the project’s planning history, including public and agency outreach efforts, East Corridor High Capacity Transit Mode Analysis History (July 2006) is also available upon request, at local libraries, and on the Sound Transit Web site. Comments: Written comments may be submitted to James Irish, Sound Transit Link Environmental Manager, at the address given above by October 2, 2006. Written comments may be made at the public scoping meetings. In addition, a stenographer will be available at the public scoping meetings to record oral comments. The dates and addresses of the scoping meetings are given in the DATES and ADDRESSES sections above. Issued on: August 15, 2006. R. F. Krochalis, Regional Administrator, Region X, Federal Transit Administration. [FR Doc. E6–13896 Filed 8–21–06; 8:45 am] BILLING CODE 4910–57–P Scoping The FTA and Sound Transit invite comments from interested individuals, organizations, and Federal, state, regional and local agencies for a period of 30 days after publication of this notice. Comments should focus on defining the alternatives within the corridor to be evaluated in the EIS; VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34890; STB Finance Docket No. 34922] PYCO Industries, Inc.—Feeder Line Application—Lines of South Plains Switching, Ltd. Co.; Keokuk Junction Railway Co.—Feeder Line Application—Lines of South Plains Switching, Ltd. Co. AGENCY: Surface Transportation Board, DOT. Acceptance of feeder line application and setting of procedural schedule. ACTION: SUMMARY: The Board accepts the application of PYCO Industries, Inc. (PYCO) to purchase the entirety of the rail lines of South Plains Switching, Ltd. Co. (SAW) in Lubbock, TX, as complete under 49 U.S.C. 10907 and 49 CFR 1151. The Board also sets a procedural schedule, including the date for the filing of competing feeder line applications to purchase the entirety of SAW’s rail lines. DATES: Competing feeder line applications are due September 6, 2006. ADDRESSES: Send an original and 10 copies of any competing application, conforming to the information requirements at 49 CFR 1151.3(a), to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of any competing application must be served on: PYCO’s representative, Charles H. Montange, 426 NW. 162nd Street, Seattle, WA 98177; KJRY’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037; and SAW’s representative, Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604–1112. FOR FURTHER INFORMATION CONTACT: Eric S. Davis, (202) 565–1608. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. To purchase a copy of the full decision, write to, email, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20607; e-mail: asapdc@verizon.net; telephone: (202) 306–4004. [Assistance for the hearing impaired is available through FIRS at 1– 800–877–8339.] Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices Decided: August 16, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13898 Filed 8–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34872] Dakota, Minnesota & Eastern Railroad Corporation and Cedar American Rail Holdings, Inc.—Intra-Corporate Family Transaction Exemption—Wyoming Dakota Railroad Properties, Inc. cprice-sewell on PROD1PC66 with NOTICES Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiary, Cedar American Rail Holdings, Inc, (CARH), have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. In a concurrently filed verified notice of exemption in STB Finance Docket No. 34871, Wyoming Dakota Railroad Properties, Inc. (WDR), a newly created subsidiary of CAHR, seeks authority to acquire DM&E’s Board issued authority to construct and operate 1 some 280 miles of rail line. The instant notice of exemption will allow DM&E and CARH to continue in control of WDR once the new entity acquires DM&E’s construction authority and becomes a rail carrier.2 The parties had intended to consummate the transaction on June 20, 2006, the date the authority sought in STB Finance Docket No. 34871 was to became effective. However, in a decision served on June 19, 2006, the effective date of the two exemptions was stayed so that the Board could consider issues raised by various parties filing petitions to revoke/reject the exemption sought in STB Finance Docket No. 34871. The Board, among other things, lifted the stay and denied the petitions to reject/revoke the other exemption in a decision served on August 14, 2006, and effective on August 24, 2006. As a result of that decision, the exemption will become effective on August 24, 2006. The transaction sought in this exemption will be consummated when the transaction sought in STB Finance Docket No. 34871 is consummated. 1 See Dakota, MN & Eastern R.—Construction— Powder River Basin, 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin, STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 CAHR currently controls a rail carrier, Iowa, Chicago & Eastern Railroad Corporation. VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 The purpose of the substitution and continuance in control transactions is to create options to facilitate financing of the construction project and to insulate DM&E’s shareholders from the risk associated with that project. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. As a condition to use of this exemption, any employees adversely affected by the transaction will be protected by the conditions set forth in New York Dock Ry.—Control—Brooklyn Eastern Dist., 360 I.C.C. 60 (1979). 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. 34872, 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 William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13753 Filed 8–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34871] Wyoming Dakota Railroad Properties, Inc.—Acquisition and Operation Exemption—Dakota, Minnesota & Eastern Railroad Corporation Wyoming Dakota Railroad Properties, Inc. (WDR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 and 49 CFR 1150.35 to acquire the authority granted to Dakota, Minnesota & Eastern Railroad Corporation (DM&E) to construct and PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 48973 operate some 280 miles of rail line.1 Specifically, the lines authorized for construction and operation include: (1) A 262.03-mile rail line extending from a point near Wasta, SD, to connect with 11 coal mines located south of Gillette, WY, in the Powder River Basin; (2) a 13.31-mile rail line in the Mankato, MN area; and (3) a 2.94-mile rail line near Owatonna, MN.2 WDR is a newly created subsidiary of Cedar American Rail Holdings, Inc. (CARH), a subsidiary of DM&E.3 WDR explains that utilizing a separate company from DM&E to build and operate the new rail lines will enhance financing options for the project and create options to limit the risk to DM&E’s shareholders. The subsidiary further explains that substituting it for DM&E will not alter the nature, effect, or implementation of the construction project as previously considered and approved by the Board. Moreover, WDRPI claims that it will comply with all environmental conditions and other legal requirements pertaining to the construction. Pursuant to 49 CFR 1150.35(a), a noncarrier must comply with the notice requirements of 49 CFR 1150.32(e). The Board granted WDR’s petition for waiver of these requirements in a decision served on August 14, 2006, and effective on August 24, 2006. In that same decision, the Board denied petitions for revocation of this exemption and lifted a June 19, 2006 housekeeping stay of the effectiveness of the instant exemption and the exemption sought in STB Finance Docket No. 34872. Although the instant exemption will thus be effective on August 24, 2006, WDR expects to commence construction of the subject rail line upon finalization of financing arrangements, and to commence operations on the line during 2009. 1 See Dakota, MN & Eastern R.—Construction— Powder River Basin, 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin, STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 WDR notes that once constructed, it or another rail carrier in the DM&E corporate family will operate the new lines. It states that in the latter circumstance, the operator will seek separate and appropriate Board authority prior to the commencement of rail service. WDR explains that, should WDR operate on the newly constructed lines, it and DM&E expect to exchange trains and change crews at Middle West Staging and Marshaling Yard at Wall, SD. The Mankato line and Owatonna line would likely be operated by DM&E pursuant to a separate lease or trackage rights arrangement with WDR. 3 Concurrently, CAHR and DM&E have jointly filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(3) in STB Finance Docket No. 34872 to continue in control of WDR once WDR becomes a rail carrier. CAHR currently controls a Class II rail carrier, Iowa, Chicago & Eastern Railroad Corporation. E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48972-48973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13898]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34890; STB Finance Docket No. 34922]


PYCO Industries, Inc.--Feeder Line Application--Lines of South 
Plains Switching, Ltd. Co.; Keokuk Junction Railway Co.--Feeder Line 
Application--Lines of South Plains Switching, Ltd. Co.

AGENCY: Surface Transportation Board, DOT.

ACTION: Acceptance of feeder line application and setting of procedural 
schedule.

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SUMMARY: The Board accepts the application of PYCO Industries, Inc. 
(PYCO) to purchase the entirety of the rail lines of South Plains 
Switching, Ltd. Co. (SAW) in Lubbock, TX, as complete under 49 U.S.C. 
10907 and 49 CFR 1151. The Board also sets a procedural schedule, 
including the date for the filing of competing feeder line applications 
to purchase the entirety of SAW's rail lines.

DATES: Competing feeder line applications are due September 6, 2006.

ADDRESSES: Send an original and 10 copies of any competing application, 
conforming to the information requirements at 49 CFR 1151.3(a), to: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001. In addition, one copy of any competing application must be served 
on: PYCO's representative, Charles H. Montange, 426 NW. 162nd Street, 
Seattle, WA 98177; KJRY's representative, William A. Mullins, Baker & 
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 
20037; and SAW's representative, Thomas F. McFarland, 208 South LaSalle 
Street, Suite 1890, Chicago, IL 60604-1112.

FOR FURTHER INFORMATION CONTACT: Eric S. Davis, (202) 565-1608. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, e-
mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, 
Lanham, MD 20607; e-mail: asapdc@verizon.net; telephone: (202) 306-
4004. [Assistance for the hearing impaired is available through FIRS at 
1-800-877-8339.]
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.


[[Page 48973]]


    Decided: August 16, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-13898 Filed 8-21-06; 8:45 am]
BILLING CODE 4915-01-P