Iowa, Chicago & Eastern Railroad Corporation-Acquisition and Operation Exemption-Lines of I&M Rail Link, LLC, 67706-67707 [E6-19808]

Download as PDF 67706 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices 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. 34951, 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 Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center Plaza, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Dated: November 17, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–19775 Filed 11–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34177] Iowa, Chicago & Eastern Railroad Corporation—Acquisition and Operation Exemption—Lines of I&M Rail Link, LLC AGENCY: Surface Transportation Board, DOT. Notice of Availability of Environmental Appendix and Request for Public Review and Comment. pwalker on PROD1PC61 with NOTICES ACTION: SUMMARY: The purpose of this notice is to announce the availability of, and invite public review and comment on, the Environmental Appendix prepared by the Dakota, Minnesota and Eastern Railroad Corporation (DM&E) and the Iowa, Chicago & Eastern Railroad Corporation (IC&E), which the railroads submitted to the Board on November 9, 2006. The Environmental Appendix sets forth the contention of DM&E and IC&E that their acquisition of rail lines formerly owned by I&M Rail Link (IMRL) will not materially alter the traffic projections or routings for DM&E’s Powder River Basin coal traffic that have already been considered in a separate but related rail construction case, and that therefore no formal analysis of the cumulative impacts of these transactions is required under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., or VerDate Aug<31>2005 22:25 Nov 21, 2006 Jkt 211001 the National Historic Preservation Act of 1966 (NHPA), 16 U.S.C. 470. Briefly summarized, in a separate proceeding initiated in 1998, four years before the filing of the instant acquisition proceeding, DM&E sought approval to construct and operate some 280 miles of new rail line so that it could reach coal mines in Wyoming’s Powder River Basin (PRB) and thereby generate adequate revenue to rehabilitate DM&E’s existing rail system in South Dakota and Minnesota (DM&E Construction). During that proceeding it was contemplated that DM&E’s PRB coal traffic would move from DM&E’s new line to various interchange points with other carriers on DM&E’s existing line. One of the interchange points considered in detail was Owatonna, Minnesota, where DM&E’s PRB coal traffic was expected to be transferred to the lines that were then owned by IMRL to reach some of the utilities in DM&E’s core markets. Following extensive environmental review, the Board authorized the DM&E Construction in 2002. Following litigation, a remand by the Eighth Circuit Court of Appeals, and subsequent supplemental environmental analysis, the Board once again authorized the DM&E construction project in 2006. Judicial review of that decision is currently pending. On June 7, 2002, about 5 months after the Board had authorized the DM&E Construction, IC&E filed a notice of exemption in this proceeding to acquire and operate the lines of IMRL. In a related transaction, on August 29, 2002, DM&E and its subsidiary Cedar American Rail Holdings, Inc., filed an application with the Board seeking approval for control of IC&E. In decisions issued on July 22, 2002 and February 3, 2003, the Board allowed both IC&E’s acquisition of IMRL and DM&E’s control of IC&E to go forward subject to a traffic restriction prohibiting DM&E and IC&E from moving DM&E coal trains to or from the PRB over the newly acquired IMRL lines until the Board could consider what, if any, environmental review of cumulative environmental impacts (that is, impacts from more DM&E coal trains operating over the former IMRL lines as a result of the change in ownership of IMRL than would otherwise have moved over the IMRL lines) was warranted. The Board also directed that it be notified if and when DM&E starts construction of its new rail line and be provided with information regarding any anticipated additional DM&E PRB coal trains that would move on the IMRL lines as a result of the acquisition. PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 In response to a petition filed by DM&E and IC&E asking that the above conditions should be lifted, the Board issued a decision on October 18, 2006, in the acquisition proceeding. In that decision, the Board agreed with DM&E and IC&E that it is not necessary to wait until DM&E actually begins construction of its new line to determine the level of further environmental review, if any, that is appropriate to consider in the acquisition case any cumulative effects of the construction and acquisition proceedings. The Board further directed DM&E and IC&E to prepare an Environmental Appendix setting out the basis for their contention that the change in ownership of IMRL does not materially alter the traffic projections or routings for DM&E’s PRB coal traffic previously considered in the DM&E Construction case and that therefore there is no need for any further environmental review under NEPA or historic review under the NHPA. The railroads submitted their Environmental Appendix to the Board on November 9, 2006. To afford the public an opportunity to review and comment on DM&E’s and IC&E’s position, the entire text of the Environmental Appendix has been posted on the Board’s Web site. The railroads also have distributed the Environmental Appendix to certain agencies and communities, as well as all of the parties on the Board’s service list in the acquisition case and have published newspaper notices. Interested members of the public are invited to submit comments on any potentially significant impacts related to the cumulative effects, if any, of the acquisition and DM&E Construction to the Board’s Section of Environmental Analysis (SEA) by December 11, 2006. Directions on how to submit comments are set forth below. Based on SEA’s consideration of all timely comments and its own independent review of all available environmental information, SEA will make a recommendation to the Board regarding what level of further environmental review, if any, is warranted here. The Board will then determine whether to issue a finding of no significant environmental impact (FONSI), or, alternatively, to prepare either an Environmental Impact Statement or an Environmental Assessment to examine cumulative effects of the two proceedings. The Environmental Appendix may be viewed on the Board’s Web site by going to http://www.stb.dot.gov and clicking on ‘‘E-Library,’’ then clicking on ‘‘Filings.’’ The Environmental Appendix is listed under November 9, 2006, and E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices is identified by Filing ID No. 218058 and Docket No. FD_34117_0. If you wish to submit written environmental comments, please provide SEA with a signed original. Environmental comments may also be filed electronically on the Board’s Web site, http://www.stb.dot.gov, by clicking on the ‘‘E-FILING’’ link. Please refer to STB Finance Docket No. 34177 in all correspondence, including e-filings, to the Board in this proceeding. Written comments are due to SEA by December 11, 2006, and should be sent to the following address: Finance Docket No. 34177, Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. Please write the following in the lower left-hand corner of the envelope: Environmental Filing. Any questions or requests for additional information about the Board’s environmental review process should be directed to Victoria Rutson of the Board’s Section of Environmental Analysis at (202) 565–1545. By the Board, Victoria Rutson, Chief, Section of Environmental Analysis. Vernon A. Williams, Secretary. [FR Doc. E6–19808 Filed 11–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION transaction will not result in GSWR’s becoming a Class II or Class I rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction was expected to be consummated on or shortly after November 8, 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. 34949, 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 Karl Morell, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–19690 Filed 11–21–06; 8:45 am] BILLING CODE 4915–01–P Surface Transportation Board 67707 HI, ID, IL, IN, IA, KY, MD, MA, MN, MS, MO, MT, NE, NV, NH, NJ, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI. Incorporated In: Pennsylvania. Federal bond-approving officers should annotate their reference copies of the Treasury Circular 570 (‘‘Circular’’), 2006 Revision, to reflect this addition. Certificates of Authority expire on June 30th each year, unless revoked prior to that data. The Certificates are subject to subsequent annual renewal as long as the companies remain qualified (see 31 CFR part 223). A list of qualified companies is published annually as of July 1 in the Circular, which outlines details as to underwriting limitations, areas in which companies are licensed to transact surety business, and other information. The Circular may be viewed and downloaded through the Internet at http://www.fms.treas.gov/c570. Questions concerning this Notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. Dated: November 9, 2006. Vivian L. Cooper, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 06–9327 Filed 11–21–06; 8:45 am] BILLING CODE 4810–35–M DEPARTMENT OF THE TREASURY Georgia Southwestern Railroad, Inc.— Acquisition Exemption—The South Western Rail Road Company and Central of Georgia Railroad Company pwalker on PROD1PC61 with NOTICES [STB Finance Docket No. 34949] Fiscal Service DEPARTMENT OF THE TREASURY Surety Companies Acceptable on Federal Bonds: Philadelphia Indemnity Insurance Company Fiscal Service Georgia Southwestern Railroad, Inc. (GSWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire (by purchase) pursuant to an agreement entered into with Norfolk Southern Railway Company (NSR) portions of a rail line from two NSR subsidiaries: (1) The South Western Rail Road Company, extending between milepost H–275.00, at Smithville, GA, and milepost H– 339.00, at Eufaula, AL; and (2) Central of Georgia Railroad Company, extending between milepost H–333.59 (which equates to milepost L–333.59), at Eufaula, and milepost L–349.00 near White Oak, AL. The total distance of the rail line to be purchased by GSWR is 79.41 miles. GSWR has been leasing and operating the rail line from NSR and will continue as the operator after it purchases the line. GSWR certifies that its projected annual revenues as a result of this VerDate Aug<31>2005 22:25 Nov 21, 2006 Jkt 211001 Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: SUMMARY: This is Supplement No. 5 to the Treasury Department Circular 570, 2006 Revision, published June 30, 2006, at 71 FR 37694. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. SUPPLEMENTARY INFORMATION: A Certificate of Authority as an acceptable surety on Federal bonds is hereby issued under 31 U.S.C. 9305 to the following company: Philadelphia Indemnity Insurance Company (NAIC #18058). Business Address: One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004. Phone: (610) 617–7900 x7680. Underwriting Limitation b/: $59,578,000. Surety Licenses c/: AL, AK, CA, CO, DE, DC, PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the National Book-Entry System Bureau of the Public Debt, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: SUMMARY: The Department of the Treasury is announcing a new fee schedule for the transfer of book-entry securities maintained on the National Book-Entry System (NBES). This fee schedule will take effect on January 2, 2007. The basic fee for the transfer of a Treasury book-entry security will increase from $.22 to $.26. The Federal Reserve funds movement fee will increase from $.04 to $.05, resulting in a combined fee of $.31 for each Treasury securities transfer. In addition to the basic fee, off-line transfers have a surcharge. The surcharge for an off-line Treasury book- E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67706-67707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19808]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34177]


Iowa, Chicago & Eastern Railroad Corporation--Acquisition and 
Operation Exemption--Lines of I&M Rail Link, LLC

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Availability of Environmental Appendix and Request 
for Public Review and Comment.

-----------------------------------------------------------------------

SUMMARY: The purpose of this notice is to announce the availability of, 
and invite public review and comment on, the Environmental Appendix 
prepared by the Dakota, Minnesota and Eastern Railroad Corporation 
(DM&E) and the Iowa, Chicago & Eastern Railroad Corporation (IC&E), 
which the railroads submitted to the Board on November 9, 2006. The 
Environmental Appendix sets forth the contention of DM&E and IC&E that 
their acquisition of rail lines formerly owned by I&M Rail Link (IMRL) 
will not materially alter the traffic projections or routings for 
DM&E's Powder River Basin coal traffic that have already been 
considered in a separate but related rail construction case, and that 
therefore no formal analysis of the cumulative impacts of these 
transactions is required under the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4321 et seq., or the National Historic 
Preservation Act of 1966 (NHPA), 16 U.S.C. 470.
    Briefly summarized, in a separate proceeding initiated in 1998, 
four years before the filing of the instant acquisition proceeding, 
DM&E sought approval to construct and operate some 280 miles of new 
rail line so that it could reach coal mines in Wyoming's Powder River 
Basin (PRB) and thereby generate adequate revenue to rehabilitate 
DM&E's existing rail system in South Dakota and Minnesota (DM&E 
Construction). During that proceeding it was contemplated that DM&E's 
PRB coal traffic would move from DM&E's new line to various interchange 
points with other carriers on DM&E's existing line. One of the 
interchange points considered in detail was Owatonna, Minnesota, where 
DM&E's PRB coal traffic was expected to be transferred to the lines 
that were then owned by IMRL to reach some of the utilities in DM&E's 
core markets.
    Following extensive environmental review, the Board authorized the 
DM&E Construction in 2002. Following litigation, a remand by the Eighth 
Circuit Court of Appeals, and subsequent supplemental environmental 
analysis, the Board once again authorized the DM&E construction project 
in 2006. Judicial review of that decision is currently pending.
    On June 7, 2002, about 5 months after the Board had authorized the 
DM&E Construction, IC&E filed a notice of exemption in this proceeding 
to acquire and operate the lines of IMRL. In a related transaction, on 
August 29, 2002, DM&E and its subsidiary Cedar American Rail Holdings, 
Inc., filed an application with the Board seeking approval for control 
of IC&E. In decisions issued on July 22, 2002 and February 3, 2003, the 
Board allowed both IC&E's acquisition of IMRL and DM&E's control of 
IC&E to go forward subject to a traffic restriction prohibiting DM&E 
and IC&E from moving DM&E coal trains to or from the PRB over the newly 
acquired IMRL lines until the Board could consider what, if any, 
environmental review of cumulative environmental impacts (that is, 
impacts from more DM&E coal trains operating over the former IMRL lines 
as a result of the change in ownership of IMRL than would otherwise 
have moved over the IMRL lines) was warranted. The Board also directed 
that it be notified if and when DM&E starts construction of its new 
rail line and be provided with information regarding any anticipated 
additional DM&E PRB coal trains that would move on the IMRL lines as a 
result of the acquisition.
    In response to a petition filed by DM&E and IC&E asking that the 
above conditions should be lifted, the Board issued a decision on 
October 18, 2006, in the acquisition proceeding. In that decision, the 
Board agreed with DM&E and IC&E that it is not necessary to wait until 
DM&E actually begins construction of its new line to determine the 
level of further environmental review, if any, that is appropriate to 
consider in the acquisition case any cumulative effects of the 
construction and acquisition proceedings. The Board further directed 
DM&E and IC&E to prepare an Environmental Appendix setting out the 
basis for their contention that the change in ownership of IMRL does 
not materially alter the traffic projections or routings for DM&E's PRB 
coal traffic previously considered in the DM&E Construction case and 
that therefore there is no need for any further environmental review 
under NEPA or historic review under the NHPA.
    The railroads submitted their Environmental Appendix to the Board 
on November 9, 2006. To afford the public an opportunity to review and 
comment on DM&E's and IC&E's position, the entire text of the 
Environmental Appendix has been posted on the Board's Web site. The 
railroads also have distributed the Environmental Appendix to certain 
agencies and communities, as well as all of the parties on the Board's 
service list in the acquisition case and have published newspaper 
notices.
    Interested members of the public are invited to submit comments on 
any potentially significant impacts related to the cumulative effects, 
if any, of the acquisition and DM&E Construction to the Board's Section 
of Environmental Analysis (SEA) by December 11, 2006. Directions on how 
to submit comments are set forth below.
    Based on SEA's consideration of all timely comments and its own 
independent review of all available environmental information, SEA will 
make a recommendation to the Board regarding what level of further 
environmental review, if any, is warranted here. The Board will then 
determine whether to issue a finding of no significant environmental 
impact (FONSI), or, alternatively, to prepare either an Environmental 
Impact Statement or an Environmental Assessment to examine cumulative 
effects of the two proceedings.
    The Environmental Appendix may be viewed on the Board's Web site by 
going to http://www.stb.dot.gov and clicking on ``E-Library,'' then 
clicking on ``Filings.'' The Environmental Appendix is listed under 
November 9, 2006, and

[[Page 67707]]

is identified by Filing ID No. 218058 and Docket No. FD--34117--0.
    If you wish to submit written environmental comments, please 
provide SEA with a signed original. Environmental comments may also be 
filed electronically on the Board's Web site, http://www.stb.dot.gov, 
by clicking on the ``E-FILING'' link. Please refer to STB Finance 
Docket No. 34177 in all correspondence, including e-filings, to the 
Board in this proceeding. Written comments are due to SEA by December 
11, 2006, and should be sent to the following address: Finance Docket 
No. 34177, Surface Transportation Board, 1925 K Street, NW., 
Washington, DC 20423-0001.
    Please write the following in the lower left-hand corner of the 
envelope: Environmental Filing.
    Any questions or requests for additional information about the 
Board's environmental review process should be directed to Victoria 
Rutson of the Board's Section of Environmental Analysis at (202) 565-
1545.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-19808 Filed 11-21-06; 8:45 am]
BILLING CODE 4915-01-P