The Cincinnati, New Orleans and Texas Pacific Railway Company-Abandonment Exemption-in Roane County, TN, 67956 [E6-19783]

Download as PDF 67956 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Notices proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. In addition, agencies will be invited by letter to attend a formal Scoping Meeting with a field view. Prior to seeking FHWA approval to circulate the Draft EIS, an additional POB and PIC will be held within the project area. Thence, upon obtaining FHWA approval to circulate the Draft EIS, a Public Hearing will be held within the project area. The Draft EIS will be available for public and agency review and comment prior to the Public Hearing. Public notice will be given of the time and place of all meetings and the public hearing. To ensure that the full range of issues related to this proposed action is addressed and all significant issues are identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action should be directed to the FHWA contact person identified in the address provided above. (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.) Issued on November 14, 2006. David Hawk, Program Operations Director. [FR Doc. E6–19844 Filed 11–22–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 280X)] cprice-sewell on PROD1PC66 with NOTICES The Cincinnati, New Orleans and Texas Pacific Railway Company— Abandonment Exemption—in Roane County, TN On November 6, 2006, The Cincinnati, New Orleans and Texas Pacific Railway Company (CNOTP), a wholly owned subsidiary of Norfolk Southern Railway Company, filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon an approximately 1.10-mile line of railroad extending from milepost 156.9–H to milepost 158.0–H in Rockwood, Roane County, TN.1 The line 1 On August 15, 2005, CNOTP filed a petition for exemption to abandon this same line based solely VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001 traverses United States Postal Service Zip Code 37854 and serves the station at Rockwood, where CNOTP will continue to provide rail service. In addition to an exemption from 49 U.S.C. 10903, CNOTP seeks exemption from the offer of financial assistance (OFA) and public use provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. In support, CNOTP contends that an exemption from these provisions is necessary to permit conveyance of the line to Franklin Industries (Franklin) for continued operation as a private rail line.2 Also, CNOTP intends to continue to use the line, under an agreement with Franklin, as an interchange track to interchange freight traffic with both Franklin and Horsehead.3 These additional exemption requests will be addressed in the final decision. The line does not contain federally granted rights-of-way. Any documentation in CNOTP’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by February 23, 2007. Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption, unless the Board grants the requested exemption from the OFA process. Each OFA must be accompanied by a $1,300 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public on the proposition that there was no need for continued operations over the line because no shipper would lose any service it required. CNOTP did not attempt to justify that petition based on operating losses. When a shipper on the line, Horsehead Corp. (Horsehead), opposed the abandonment, the Board denied the petition without prejudice to the subsequent filing of an application or a properly supported petition for exemption to abandon the line. See The Cincinnati, New Orleans and Texas Pacific Railway Company— Abandonment Exemption—In Roane County, TN, STB Docket No. AB–290 (Sub–No. 236X), slip op. at 3 (STB served Dec. 2, 2005). 2 Franklin previously acquired a 15.4-mile line of railroad (known as the Crab Orchard Line) from CNOTP. See The Cincinnati, New Orleans and Texas Pacific Railway Company—Abandonment Exemption—In Cumberland and Roane Counties, TN, STB Docket No. AB–290 (Sub-No. 208X) (STB served Nov. 15, 2000). 3 In this filing, CNOTP states that Horsehead’s name is Horsehead Resource Development, Inc. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 use, including interim trail use. Unless the Board grants the requested exemption from the public use provisions, any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than December 14, 2006. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB–290 (Sub–No. 280X) and must be sent to: (1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001; and (2) James R. Paschall, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510. Replies to the petition are due on or before December 14, 2006. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Services at (202) 565–1592 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. 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. E6–19783 Filed 11–22–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request November 17, 2006. The Department of Treasury has submitted the following public information collection requirement(s) to E:\FR\FM\24NON1.SGM 24NON1

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[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Page 67956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19783]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 280X)]


The Cincinnati, New Orleans and Texas Pacific Railway Company--
Abandonment Exemption--in Roane County, TN

    On November 6, 2006, The Cincinnati, New Orleans and Texas Pacific 
Railway Company (CNOTP), a wholly owned subsidiary of Norfolk Southern 
Railway Company, filed with the Board a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon an 
approximately 1.10-mile line of railroad extending from milepost 156.9-
H to milepost 158.0-H in Rockwood, Roane County, TN.\1\ The line 
traverses United States Postal Service Zip Code 37854 and serves the 
station at Rockwood, where CNOTP will continue to provide rail service.
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    \1\ On August 15, 2005, CNOTP filed a petition for exemption to 
abandon this same line based solely on the proposition that there 
was no need for continued operations over the line because no 
shipper would lose any service it required. CNOTP did not attempt to 
justify that petition based on operating losses. When a shipper on 
the line, Horsehead Corp. (Horsehead), opposed the abandonment, the 
Board denied the petition without prejudice to the subsequent filing 
of an application or a properly supported petition for exemption to 
abandon the line. See The Cincinnati, New Orleans and Texas Pacific 
Railway Company--Abandonment Exemption--In Roane County, TN, STB 
Docket No. AB-290 (Sub-No. 236X), slip op. at 3 (STB served Dec. 2, 
2005).
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    In addition to an exemption from 49 U.S.C. 10903, CNOTP seeks 
exemption from the offer of financial assistance (OFA) and public use 
provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. In 
support, CNOTP contends that an exemption from these provisions is 
necessary to permit conveyance of the line to Franklin Industries 
(Franklin) for continued operation as a private rail line.\2\ Also, 
CNOTP intends to continue to use the line, under an agreement with 
Franklin, as an interchange track to interchange freight traffic with 
both Franklin and Horsehead.\3\ These additional exemption requests 
will be addressed in the final decision.
---------------------------------------------------------------------------

    \2\ Franklin previously acquired a 15.4-mile line of railroad 
(known as the Crab Orchard Line) from CNOTP. See The Cincinnati, New 
Orleans and Texas Pacific Railway Company--Abandonment Exemption--In 
Cumberland and Roane Counties, TN, STB Docket No. AB-290 (Sub-No. 
208X) (STB served Nov. 15, 2000).
    \3\ In this filing, CNOTP states that Horsehead's name is 
Horsehead Resource Development, Inc.
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    The line does not contain federally granted rights-of-way. Any 
documentation in CNOTP's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by February 23, 2007.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption, 
unless the Board grants the requested exemption from the OFA process. 
Each OFA must be accompanied by a $1,300 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than December 14, 
2006. Each trail use request must be accompanied by a $200 filing fee. 
See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 280X) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) James R. 
Paschall, Norfolk Southern Railway Company, Three Commercial Place, 
Norfolk, VA 23510. Replies to the petition are due on or before 
December 14, 2006.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1539. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    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. E6-19783 Filed 11-22-06; 8:45 am]
BILLING CODE 4915-01-P