The Cincinnati, New Orleans and Texas Pacific Railway Company-Abandonment Exemption-in Scott County, TN, 15755-15756 [E7-6051]

Download as PDF Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices is up from the 0.89 attained for the nine months ended September 2005. The publishing of the carriers’ individual denied boarding rates has negated the need for more intrusive regulation. The rate of denied boarding can be examined as a continuing fitness factor. This rate provides an insight into a carrier’s customer service policy and its compliance disposition. A rapid sustained increase in the rate of denied boarding often is an indicator of operational difficulty. Because the rate of denied boarding is released quarterly, travelers and travel agents can select carriers with low bumping incidents when booking a trip. This information is available in the Air Travel Consumer Report at: http:// airconsumer.ost.dot.gov/reports/ index.htm. The Air Travel Consumer Report is also sent to newspapers, magazines, and trade journals. Without Form 251, the Department would be unable to determining the effectiveness of the oversales rule. The Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to clearly identify information it collects for non-statistical purposes. BTS hereby notifies the respondents and the public that BTS uses the information it collects under this OMB approval for non-statistical purposes including, but not limited to, publication of both Respondent’s identity and its data, submission of the information to agencies outside BTS for review, analysis and possible use in regulatory and other administrative matters. Issued in Washington, DC. Donald W. Bright, Assistant Director, Airline Information, Bureau of Transportation Statistics. [FR Doc. E7–6056 Filed 3–30–07; 8:45 am] BILLING CODE 4910–FE–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 279X)] hsrobinson on PROD1PC76 with NOTICES The Cincinnati, New Orleans and Texas Pacific Railway Company— Abandonment Exemption—in Scott County, TN The Cincinnati, New Orleans and Texas Pacific Railway Company (CNOTP), a wholly owned subsidiary of Norfolk Southern Railway Company, has filed a notice of exemption 1 under 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a verified notice with the Board at least 50 days before the abandonment or discontinuance VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 12.44-mile line of railroad between milepost NR 0.00 at New River and milepost NR 12.44 at Sterling, in Scott County, TN.2 The line traverses United States Postal Service Zip Code 37841, and includes the former stations of Highway Jct., Pemberton, Hunter, Slick Rock, Brimstone, and Sterling.3 CNOTP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. is to be consummated. CNOTP initially indicated in its notice of exemption a proposed consummation date of May 1, 2007, but because the verified notice was filed on March 13, 2007, consummation may not take place prior to May 2, 2007. CNOTP has been informed by a Board staff member that consummation may not take place until May 2, 2007. 2 In its verified notice of exemption filed on March 13, 2007, CNOTP also requested abandonment of a second line segment located between milepost NR 215.30 at Helenwood and milepost NR 218.60 at New River, in Scott County, a distance of 3.30 miles. By letters filed on March 20, 2007, and on March 21, 2007, CNOTP requests that the Board amend its notice. CNOTP indicates that, in its notice of exemption and environmental report, CNOTP stated that it did not have fee title to the entire right-of-way of the line. CNOTP states that the line segment between mileposts NR 215.30 and NR 218.60 is leased from the Trustees of the Cincinnati Southern Railway (CSR). According to CNOTP, the Trustees hold the CSR property on behalf of its owner, the City of Cincinnati, OH. CNOTP states that the Trustees are not required to file with the Board for authority to abandon this line segment or any other part of their line because the City, the Trustees, and CSR have never held themselves out as a common carrier to provide rail service nor have they operated any part of their line, but have always leased it to CNOTP. Accordingly, CNOTP’s request to amend its March 13, 2007 notice of exemption will be granted. However, CNOTP has been notified that the request to discontinue the line segment between mileposts NR 215.30 and NR 218.60 requires a separate notice of exemption to be filed, accompanied by the appropriate filing fee. Therefore, a decision on the discontinuance will be handled in a separate decision. 3 In another letter also filed on March 21, 2007 (March 21 letter), CNOTP clarified the Zip Codes and stations for the line segment that is being abandoned. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 15755 As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on May 2, 2007, unless stayed pending reconsideration.4 Petitions to stay that do not involve environmental issues,5 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),6 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 12, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 23, 2007,7 with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CNOTP’s representative: James R. Paschall, Senior General Attorney, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemption is void ab initio. CNOTP has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by April 6, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by 4 On March 15, 2007, Seaside Holdings, Inc. (Seaside), filed a notice of intent to file an OFA to purchase both line segments. However, because CNOTP has now amended its March 13, 2007 notice, only one line segment between mileposts NR 0.00 and NR 12.44 is being abandoned. The Board will address Seaside’s request for this line segment, and any other requests that may be timely filed, in a separate decision. 5 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 6 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). 7 CNOTP, in its March 21 letter, states that at least one parcel of the right-of-way is held by CNOTP by easement. Therefore, CNOTP contends that it does not have a continuous right-of-way that can be conveyed for public use. E:\FR\FM\02APN1.SGM 02APN1 15756 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices calling SEA, at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CNOTP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by CNOTP’s filing of a notice of consummation by April 2, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: March 27, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–6051 Filed 3–30–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designation of Entities Pursuant to Executive Order 12978 Office of Foreign Assets Control, Treasury. ACTION: Notice. hsrobinson on PROD1PC76 with NOTICES AGENCY: SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of sixty-five newly-designated individuals and forty-five newly designated entities whose property and interests in property are blocked pursuant to Executive Order 12978 of October 21, 1995, ‘‘Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers.’’ DATES: The designation by the Secretary of the Treasury of the sixty-five individuals and forty-five entities identified in this notice pursuant to Executive Order 12978 is effective on March 28, 2007. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand service, tel.: (202) 622–0077. Background On October 21, 1995, the President, invoking the authority, inter alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (‘‘IEEPA’’), issued Executive Order 12978 (60 FR 54579, October 24, 1995) (the ‘‘Order’’). In the Order, the President declared a national emergency to deal with the threat posed by significant foreign narcotics traffickers centered in Colombia and the harm that they cause in the United States and abroad. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, or that hereafter come within the United States or that are or hereafter come within the possession or control of United States persons, of: (1) The persons listed in an Annex to the Order; (2) any foreign person determined by the Secretary of Treasury, in consultation with the Attorney General and Secretary of State, to play a significant role in international narcotics trafficking centered in Colombia; or (3) to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to this order; and (4) persons determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be owned or controlled by, or to act for or on behalf of, persons designated pursuant to this Order. On March 28, 2007, the Secretary of the Treasury, in consultation with the Attorney General and Secretary of State, as well as the Secretary of Homeland Security, designated sixty-five individuals and forty-five entities whose property and interests in property are blocked pursuant to the Order. The list of designees is as follows: Individuals 1. OCHOA VASCO, Fabio Enrique (a.k.a. MARTINEZ PEREZ, Juan Carlos; a.k.a. OCHOA VASCO, Carlos Mario; a.k.a. ‘‘CARLOS MARIO’’; a.k.a. ‘‘KIKO’’; a.k.a. ‘‘KIKO EL CHIQUITO’’); Medellin, Antioquia, Colombia; PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 Guadalajara, Jalisco, Mexico; DOB 22 Nov 1960; POB Medellin, Colombia; Cedula Number 79281039 (Colombia) (individual) [SDNT] 2. ALVAREZ DEL RIO, Fredy de Jesus; POB Colombia; Cedula No. 98557177(Colombia) (individual) [SDNT] 3. BARAHONA CORDOBEZ, Jaime (a.k.a. BARONA CORDOBES, Jaime; a.k.a. BARONA CORDOBEZ, Jaime), Km. 16.5 El Salvador 169, Andalucia, Guatemala; Avenida Reforma 8–33 Zona 10, Guatemala City, Guatemala; 10 Calle 5–60 Zona 9, Guatemala City, Guatemala; c/o OVERSEAS TRADING COMPANY S.A., Guatemala City, Guatemala; DOB 1 Oct 1960; POB Guatemala; NIT # 953243–9 (Guatemala); Passport 16660729 (Guatemala) (individual) [SDNT] 4. BODDEN GALE, Elvert Dowie (a.k.a. ‘‘TIO BODDEN’’), Roatan, Honduras; DOB 24 Apr 1956; POB Honduras; Passport A046090 (Honduras) (individual) [SDNT] 5. BRISENO MAR, Gloria Elisa (a.k.a. BRISENO, Lizzy; a.k.a. OCHOA, Gloria Elisa), c/o INVERSIONES Y REPRESENTACIONES S.A., Medellin, Colombia; c/o MC OVERSEAS TRADING COMPANY S.A. DE C.V., Guadalajara, Jalisco, Mexico; c/o LIZZY MUNDO INTERIOR, Guadalajara, Jalisco, Mexico; DOB 16 Aug 1965; POB Durango, Mexico; C.U.R.P. BIMG650816MDGRRL05 (Mexico); Passport 99140015920 (Mexico) (individual) [SDNT] 6. CADENAS VIRAMONTES, Porfirio Miguel, Calle Nelson 421–B, Guadalajara, Jalisco, Mexico; Calle Justo Sierra 1963, Colonia Ladron de Guevara, Guadalajara, Jalisco, Mexico; Calle Mar del Sur No 2075 Int. 1, Colonia Fraccionamiento Country Club, Guadalajara, Jalisco, Mexico; c/o MC OVERSEAS TRADING COMPANY S.A. DE C.V., Guadalajara, Mexico; c/o OVERSEAS TRADING COMPANY S.A., Guatemala City, Guatemala; c/o INMOBILIUM INVESTMENT CORP., Panama City, Panama; DOB 12 Jun 1959; POB Guadalajara, Jalisco, Mexico; C.U.R.P CAUP590612HJCDRR09 (Mexico); R.F.C. # CAVP–590612–AD1 (Mexico); NIT # 2665307–9 (Guatemala); Passport 97140096573 (Mexico) (individual) [SDNT] 7. CAICEDO ROJAS, Jorge Ernesto, Calle 82 No 11–37 Ofc. 504, Bogota, Colombia; c/o PROMOCIONES E INVERSIONES LAS PALMAS S.A., Bogota, Colombia; c/o HOTEL LA CASCADA S.A., Girardot, Colombia; DOB 21 Oct 1955; POB Bogota, Colombia; Cedula No. 3227987 (Colombia) (individual) [SDNT] E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15755-15756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6051]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 279X)]


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

    The Cincinnati, New Orleans and Texas Pacific Railway Company 
(CNOTP), a wholly owned subsidiary of Norfolk Southern Railway Company, 
has filed a notice of exemption \1\ under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon a 12.44-mile line of railroad between milepost 
NR 0.00 at New River and milepost NR 12.44 at Sterling, in Scott 
County, TN.\2\ The line traverses United States Postal Service Zip Code 
37841, and includes the former stations of Highway Jct., Pemberton, 
Hunter, Slick Rock, Brimstone, and Sterling.\3\
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. CNOTP initially 
indicated in its notice of exemption a proposed consummation date of 
May 1, 2007, but because the verified notice was filed on March 13, 
2007, consummation may not take place prior to May 2, 2007. CNOTP 
has been informed by a Board staff member that consummation may not 
take place until May 2, 2007.
    \2\ In its verified notice of exemption filed on March 13, 2007, 
CNOTP also requested abandonment of a second line segment located 
between milepost NR 215.30 at Helenwood and milepost NR 218.60 at 
New River, in Scott County, a distance of 3.30 miles. By letters 
filed on March 20, 2007, and on March 21, 2007, CNOTP requests that 
the Board amend its notice. CNOTP indicates that, in its notice of 
exemption and environmental report, CNOTP stated that it did not 
have fee title to the entire right-of-way of the line. CNOTP states 
that the line segment between mileposts NR 215.30 and NR 218.60 is 
leased from the Trustees of the Cincinnati Southern Railway (CSR). 
According to CNOTP, the Trustees hold the CSR property on behalf of 
its owner, the City of Cincinnati, OH. CNOTP states that the 
Trustees are not required to file with the Board for authority to 
abandon this line segment or any other part of their line because 
the City, the Trustees, and CSR have never held themselves out as a 
common carrier to provide rail service nor have they operated any 
part of their line, but have always leased it to CNOTP. Accordingly, 
CNOTP's request to amend its March 13, 2007 notice of exemption will 
be granted. However, CNOTP has been notified that the request to 
discontinue the line segment between mileposts NR 215.30 and NR 
218.60 requires a separate notice of exemption to be filed, 
accompanied by the appropriate filing fee. Therefore, a decision on 
the discontinuance will be handled in a separate decision.
    \3\ In another letter also filed on March 21, 2007 (March 21 
letter), CNOTP clarified the Zip Codes and stations for the line 
segment that is being abandoned.
---------------------------------------------------------------------------

    CNOTP has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years and overhead traffic, if there were any, 
could be rerouted over other lines; (3) no formal complaint filed by a 
user of rail service on the line (or by a State or local government 
entity acting on behalf of such user) regarding cessation of service 
over the line either is pending with the Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the 2-year period; and (4) the requirements at 49 
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 
49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on May 2, 2007, unless stayed pending reconsideration.\4\ 
Petitions to stay that do not involve environmental issues,\5\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\6\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
April 12, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 23, 2007,\7\ 
with: Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \4\ On March 15, 2007, Seaside Holdings, Inc. (Seaside), filed a 
notice of intent to file an OFA to purchase both line segments. 
However, because CNOTP has now amended its March 13, 2007 notice, 
only one line segment between mileposts NR 0.00 and NR 12.44 is 
being abandoned. The Board will address Seaside's request for this 
line segment, and any other requests that may be timely filed, in a 
separate decision.
    \5\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \6\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \7\ CNOTP, in its March 21 letter, states that at least one 
parcel of the right-of-way is held by CNOTP by easement. Therefore, 
CNOTP contends that it does not have a continuous right-of-way that 
can be conveyed for public use.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
CNOTP's representative: James R. Paschall, Senior General Attorney, 
Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 
23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CNOTP has filed environmental and historic reports which address 
the effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 6, 
2007. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or 
by

[[Page 15756]]

calling SEA, at (202) 245-0305. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), CNOTP shall 
file a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by CNOTP's filing of a notice of 
consummation by April 2, 2008, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: March 27, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-6051 Filed 3-30-07; 8:45 am]
BILLING CODE 4915-01-P