Norfolk Southern Railway Company-Adverse Abandonment-St. Joseph County, IN, 71609-71610 [E6-21002]

Download as PDF 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 mstockstill on PROD1PC61 with NOTICES 71610 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices process should file a protest. Persons who may oppose the abandonment but who do not wish to participate fully in the process by submitting verified statements of witnesses containing detailed evidence should file comments. Persons seeking information concerning the filing of protests should refer to 49 CFR 1152.25. All filings in response to this notice must refer to STB Docket No. AB–290 (Sub-No. 286) and must be sent to: (1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001; and (2) Richard H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006–4657. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s http://www.stb.dot.gov Web site, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send the original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in 49 CFR 1152, every document filed with the Board must be served on all parties to this adverse abandonment proceeding. 49 CFR 1104.12(a). An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by Board’s Section of Environmental Analysis (SEA) will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact SEA. EAs in abandonment or discontinuance proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board’s decision. A supplemental EA or EIS may be issued where appropriate. 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/discontinuance regulations at 49 CFR 1152. Questions concerning environmental issues may be directed to SEA at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 5, 2006. VerDate Aug<31>2005 15:15 Dec 08, 2006 Jkt 211001 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21002 Filed 12–8–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the Subscription For Purchase and Issue of U.S. Treasury Securities, State and Local Government Series. DATES: Written comments should be received on or before February 12, 2007, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. Thorpe, 200 Third Street, Parkersburg, WV 26106–1328, or Vicki.Thorpe@bpd.treas.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Vicki S. Thorpe, Bureau of the Public Debt, 200 Third Street, Parkersburg, WV 26106–1328, (304) 480–8150. SUPPLEMENTARY INFORMATION: Title: Subscription For Purchase And Issue Of U.S. Treasury Securities—State And Local Government Series. OMB Number: 1535–0092. Form Number: PD F 4144. Abstract: The information is requested to establish accounts for the owners of securities of State and Local Government Series. Current Actions: None. Type of Review: Extension. Affected Public: State or Local Government. Estimated Number of Respondents: 5,000. Estimated Time Per Respondent: 30 minutes. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 Estimated Total Annual Burden Hours: 2500. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: December 5, 2006. Vicki S. Thorpe, Manager, Graphics, Printing and Records Branch. [FR Doc. E6–20991 Filed 12–8–06; 8:45 am] BILLING CODE 4810–39–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning Regulations governing the offering of United States Mortgage Guaranty Insurance Company Tax and Loss Bonds. DATES: Written comments should be received on or before February 12, 2007, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. Thorpe, 200 Third Street, Parkersburg, WV 26106–1328, or Vicki.Thorpe@bpd.treas.gov. E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71609-71610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21002]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 286)]


Norfolk Southern Railway Company--Adverse Abandonment--St. Joseph 
County, IN

    On November 21, 2006, the City of South Bend, IN (the City), the 
Brothers 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.
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    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 
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

[[Page 71610]]

process should file a protest. Persons who may oppose the abandonment 
but who do not wish to participate fully in the process by submitting 
verified statements of witnesses containing detailed evidence should 
file comments. Persons seeking information concerning the filing of 
protests should refer to 49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 286) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Richard 
H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, 
Washington, DC 20006-4657. Filings may be submitted either via the 
Board's e-filing format or in the traditional paper format. Any person 
using e-filing should comply with the instructions found on the Board's 
http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any person 
submitting a filing in the traditional paper format should send the 
original and 10 copies of the filing to the Board with a certificate of 
service. Except as otherwise set forth in 49 CFR 1152, every document 
filed with the Board must be served on all parties to this adverse 
abandonment proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by Board's Section of Environmental 
Analysis (SEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact SEA. EAs in abandonment or discontinuance proceedings normally 
will be made available within 33 days of the filing of the application. 
The deadline for submission of comments on the EA will generally be 
within 30 days of its service. The comments received will be addressed 
in the Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    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/discontinuance regulations at 
49 CFR 1152. Questions concerning environmental issues may be directed 
to SEA at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21002 Filed 12-8-06; 8:45 am]
BILLING CODE 4915-01-P