Iowa Interstate Railroad, Ltd.-Trackage Rights Exemption-BNSF Railway Company, 71608-71609 [E6-20902]

Download as PDF 71608 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices mstockstill on PROD1PC61 with NOTICES Dated: December 1, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6–20996 Filed 12–8–06; 8:45 am] improve safety and operations within the project limits of 9.2 miles along U.S. Highway 101 north of Salinas in Monterey County. This would be accomplished by: constructing two new interchanges; improving an existing interchange; constructing a four-lane BILLING CODE 4710–05–P access controlled freeway on a new alignment between 0.18 miles north of DEPARTMENT OF TRANSPORTATION Boronda Road interchange and the intersection of Martines Road; placing median barrier at various locations; and Federal Highway Administration constructing local roads including the Notice of Final Federal Agency Actions addition of one new local-road overcrossing and one new local-road on Proposed Highway in California undercrossing. FHWA project reference AGENCY: Federal Highway number is PPNO 0058G. The actions by Administration (FHWA), DOT. the Federal agencies, and the laws ACTION: Notice of Limitation on Claims under which such actions were taken, for Judicial Review of Actions by FHWA are described in the Environmental and Other Federal Agencies. Assessment (EA)/Finding of No Significant Impact (FONSI) for the SUMMARY: This notice announces actions project, approved on March 13, 2006, taken by the FHWA and other Federal and in other documents in the FHWA agencies that are final within the administrative record. The EA/FONSI, meaning of 23 U.S.C. 139(l)(1). The and other documents are available by actions relate to a proposed highway contacting FHWA or Caltrans at the project, U.S. Highway 101 Prunedale addresses provided above. The FHWA Improvement Project between Kilo Posts EA/FONSI can be viewed and R146.8 to 161.6 (Post Miles R91.2 to downloaded from the project Web site at 100.4) north of the City of Salinas in http://www.dot.ca.gov/dist05/ Monterey County, State of California. prunedale/index.htm. Those actions grant approvals for the This notice applies to all Federal project. agency decisions as of the issuance date of this notice and all laws under which DATES: By this notice, the FHWA is such actions were taken, including but advising the public of final agency not limited to: actions subject to 23 U.S.C. 139(l)(1). A 1. General: National Environmental claim seeking judicial review of the Policy Act (NEPA) [42 U.S.C. 4321– Federal agency actions on the highway 4351]; and Federal-Aid Highway Act [23 project will be barred unless the claim is filed on or before June 11, 2007. If the U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– Federal law that authorizes judicial review of a claim provides a time period 7671(q)]. 3. Land: Landscape and Scenic of less than 180 days for filing such claim, then that shorter time period still Enhancement (Wildflowers) [23 U.S.C. 319]. applies. 4. Wetlands and Water Resources: FOR FURTHER INFORMATION CONTACT: Safe Drinking Water Act [42 U.S.C. Dominic Hoang, Project Development 300(f)–300(j)(6)]; and Wetlands Engineer, Federal Highway Mitigation [23 U.S.C. 103(b)(6)(m) and Administration, 650 Capitol Mall, #4– 133(b)(11)]. 100, Sacramento, CA 95814; weekdays 7 5. Wildlife: Endangered Species Act a.m. to 4 p.m. (Pacific time); telephone [16 U.S.C. 1531–1544 and Section (916) 498–5002; e-mail: 1536]; Fish and Wildlife Coordination dominic.hoang@fhwa.dot.gov. Bobi Act [16 U.S.C. 661–667(d)]; and Lyon-Ritter, Senior Environmental Migratory Bird Treaty Act [16 U.S.C. Planner, California Department of 703–712]. Transportation (Caltrans), 2015 E. 6. Historic and Cultural Resources: Shields Avenue #100, Fresno, CA Section 106 of the National Historic 93726; weekdays 7 a.m. to 4 p.m. Preservation Act of 1966, as amended (Pacific time); telephone (559) 243– [16 U.S.C. 470(f) et seq.]; Archaeological 8178; e-mail: bobi_lyon@dot.ca.gov. and Historic Preservation Act [16 U.S.C. SUPPLEMENTARY INFORMATION: Notice is 469–469c]; Archaeological Resources hereby given that the FHWA and other Protection Act of 1979 [16 U.S.C. 470aa Federal agencies have taken final agency et seq.]; and Native American Graves actions by issuing approvals for the Protection and Repatriation Act [25 following highway project in the State U.S.C. 3001–3013]. 7. Social and Economic: Civil Rights of California. The U.S. Highway 101 Act of 1964 [42 U.S.C. 2000(d)– Prunedale Improvement Project would VerDate Aug<31>2005 15:15 Dec 08, 2006 Jkt 211001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986; and Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O.12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of the Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and E.O. 13112 Invasive Species. (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: December 4, 2006. Maiser Khaled, Director, Project Development & Environment, Sacramento, California. [FR Doc. E6–20949 Filed 12–8–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34959] Iowa Interstate Railroad, Ltd.— Trackage Rights Exemption—BNSF Railway Company Pursuant to a trackage rights agreement dated November 13, 2006, between Iowa Interstate Railroad, Ltd. (IAIS) and BNSF Railway Company (BNSF), IAIS has agreed to grant BNSF overhead trackage rights on IAIS’s main line between milepost 170.2, at Colona, IL, and milepost 175.4, at East Moline, IL, a distance of 5.2 miles, and over various meeting or passing tracks connecting with IAIS’s main line, as IAIS may designate (the Joint Trackage). The transaction is scheduled to be consummated on or after December 22, 2006. The purpose of the trackage rights is to allow BNSF use of the Joint Trackage E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices only for overhead freight operations, involving trains, locomotives, cars and equipment operated by BNSF. Under the agreement, BNSF shall not perform any local freight service at or to any point or station located on the Joint Trackage (except for interchange with IAIS at Silvis, IL, which is covered by separate agreement). The overhead trackage rights will terminate on December 31, 2025, but the agreement will remain in effect until cancelled by either party upon 60 days’ written notice.1 As a condition to this exemption, any employee affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 34959, 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 Jake P. DeBoever, BNSF Railway Company, 2500 Lou Menk Drive, 3rd Floor, Fort Worth, TX 76131–2828. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 4, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–20902 Filed 12–8–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 286)] mstockstill on PROD1PC61 with NOTICES Norfolk Southern Railway Company— Adverse Abandonment—St. Joseph County, IN On November 21, 2006, the City of South Bend, IN (the City), the Brothers 1 The trackage rights agreement provides for an initial term of 19 years. The parties must seek appropriate Board authority for the trackage rights to expire at the end of the period covered by the agreement. VerDate Aug<31>2005 15:15 Dec 08, 2006 Jkt 211001 of Holy Cross, Inc. (the Brothers), and the Sisters of the Holy Cross, Inc. (the Sisters) (collectively, applicants), filed an application under 49 U.S.C. 10903, requesting that the Surface Transportation Board authorize the third-party or adverse abandonment of approximately 3.7 miles of railroad lines (the Lines) owned by Norfolk Southern Railway Company (NSR).1 The Lines are located between milepost UV 0.0 and milepost UV 2.8 and between milepost Z0 9.6 and milepost Z0 10.5, and include an industrial spur that extends from milepost Z0 9.6 to the University of Notre Dame (the University), all in St. Joseph County, IN. The Lines traverse United States Postal Service Zip Codes 46601, 46616, 46617, 46628, 46629, and 46556 and include no stations. According to applicants, the Lines traverse properties owned by the Brothers and the Sisters. The Brothers’ property is the site of Holy Cross College, Holy Cross Village (a retirement community), and other improvements and uses furthering the Brothers’ charitable mission. The Sisters’ property is the site of a motherhouse, the international headquarters of the Congregation of the Sisters of the Holy Cross, and the Inn at St. Mary’s, and it is adjacent to St. Mary’s College, which the Sisters sponsor. Applicants state that there has been no rail service or requests for service on the Lines for at least 10 years and claim that there is no foreseeable need for rail service. Additionally, applicants claim that sections of the Lines have been paved over and removed at numerous locations and that the Lines are physically severed from the national rail system as a result of previous abandonments.2 Applicants state that the line between milepost UV 0.0 and milepost UV 2.8 crosses 17 streets in the City, two of which carry significant vehicular traffic, creating a public nuisance and significant safety and environmental concerns. They add that the City plans to acquire or condemn the portion of the right-of-way within its jurisdiction for 1 The Chicago, Lake Shore and South Bend Railway Company (CLS&SB) filed a petition to reject applicants’ notice of intent to file this adverse abandonment application on November 13, 2006, and applicants filed a reply on November 16, 2006. Applicants filed this adverse abandonment application on November 21, 2006, and CLS&SB filed a petition to reject the application on December 4, 2006. A ruling on the petitions to reject will be made in a separate decision. 2 See Conrail Abandonment in South Bend Between Milepost 10.5 and Milepost 11.8, St. Joseph County, IN, Docket No. AB–167 (Sub-No. 407N) (ICC served Apr. 22, 1982) and Conrail Abandonment in Berrien County, MI and St. Joseph County, IN, Docket No. AB–167 (Sub-No. 672N) (ICC served Aug. 31, 1984). PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 71609 public use in the form of a sewer system and a trail. Additionally, applicants claim that a portion of that line and of the line between milepost Z0 9.6 and milepost Z0 10.5 are adversely affecting the Brothers’ ability to plan for the future because they run through the heart of its property. The Brothers and the Sisters also assert a claim under Indiana law to a reversionary interest in this section of the right-of-way. In a decision served in this proceeding on October 26, 2006, applicants were granted waivers from some of the requirements of the Board’s regulations at 49 CFR 1152 that were not relevant to their adverse abandonment application or that sought information not available to them. Specifically, applicants were granted a fee waiver; waivers from the notice requirements at 49 CFR 1152.20(a)(2)(i) and (2)(xii), 49 CFR 1152.20(a)(3), and 49 CFR 1152.21; waivers from the application requirements at 49 CFR 1152.10–14, 49 CFR 1152.22(a)(5), (b)–(d), and (i), and 49 CFR 1152.24(e)(1); and waivers from the offer of financial assistance (OFA) and public use procedures at 49 CFR 1152.27–28. Based on the information in their possession, applicants state that the Lines do not contain any federally granted rights-of-way. Any documentation in applicants’ possession will be made available promptly to those requesting it. Applicants state that they filed their entire case for abandonment with their application. NSR has no employees on the Lines. Accordingly, there are no railroad employee interests that require labor protection. Any interested person may file written comments concerning the proposed abandonment or protests (including the protestant’s entire opposition case) by January 5, 2007. Applicants’ reply is due on January 22, 2007. Because this is an adverse abandonment proceeding, OFA’s and public use requests are not appropriate and will not be entertained. The Board has not yet had occasion to decide whether the issuance of a certificate of interim trail use in an adverse abandonment would be consistent with the grant of such an application. Accordingly, any request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by January 5, 2007, and should address that issue. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). Persons opposing the proposed adverse abandonment who wish to participate actively and fully in the E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71608-71609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20902]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34959]


Iowa Interstate Railroad, Ltd.--Trackage Rights Exemption--BNSF 
Railway Company

    Pursuant to a trackage rights agreement dated November 13, 2006, 
between Iowa Interstate Railroad, Ltd. (IAIS) and BNSF Railway Company 
(BNSF), IAIS has agreed to grant BNSF overhead trackage rights on 
IAIS's main line between milepost 170.2, at Colona, IL, and milepost 
175.4, at East Moline, IL, a distance of 5.2 miles, and over various 
meeting or passing tracks connecting with IAIS's main line, as IAIS may 
designate (the Joint Trackage).
    The transaction is scheduled to be consummated on or after December 
22, 2006.
    The purpose of the trackage rights is to allow BNSF use of the 
Joint Trackage

[[Page 71609]]

only for overhead freight operations, involving trains, locomotives, 
cars and equipment operated by BNSF. Under the agreement, BNSF shall 
not perform any local freight service at or to any point or station 
located on the Joint Trackage (except for interchange with IAIS at 
Silvis, IL, which is covered by separate agreement). The overhead 
trackage rights will terminate on December 31, 2025, but the agreement 
will remain in effect until cancelled by either party upon 60 days' 
written notice.\1\
---------------------------------------------------------------------------

    \1\ The trackage rights agreement provides for an initial term 
of 19 years. The parties must seek appropriate Board authority for 
the trackage rights to expire at the end of the period covered by 
the agreement.
---------------------------------------------------------------------------

    As a condition to this exemption, any employee affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 34959, 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 Jake P. DeBoever, BNSF Railway 
Company, 2500 Lou Menk Drive, 3rd Floor, Fort Worth, TX 76131-2828.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 4, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-20902 Filed 12-8-06; 8:45 am]
BILLING CODE 4915-01-P