Mission Mountain Railroad, Inc.-Discontinuance of Service Exemption-in Flathead County, MT, 28551-28552 [E7-9563]

Download as PDF Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices pwalker on PROD1PC71 with NOTICES GTW has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be rerouted; (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 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 June 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 31, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 11, 2007, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to GTW’s representative: Thomas J. Healey, 17641 S. Ashland Avenue, Homewood, IL 60430–1345. If the verified notice contains false or misleading information, the exemption is void ab initio. GTW has filed a combined environmental report and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by May 25, 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 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), GTW 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 GTW’s filing of a notice of consummation by May 21, 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 ‘‘WWW.STB.DOT.GOV.’’ June 11, 2007, but because the verified notice was filed on May 1, 2007, consummation may not take place prior to June 20, 2007. GTW has been informed by a Board staff member that consummation may not take place until June 20, 2007. 2 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. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). [STB Docket No. AB–1009X] VerDate Aug<31>2005 15:57 May 18, 2007 Jkt 211001 Decided: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–9584 Filed 5–18–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Mission Mountain Railroad, Inc.— Discontinuance of Service Exemption—in Flathead County, MT Mission Mountain Railroad, Inc. (MMT) 1 has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to 1 MMT was authorized to lease and operate the line in Mission Mountain Railroad, Inc.— Acquisition Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34634 (STB served Jan. 19, 2005). PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 28551 discontinue service over a 0.42-mile line of railroad between Engineering Station 189+36 and Engineering Station 167+00, in Flathead County, MT.2 The line traverses United States Postal Service Zip Code 59901. MMT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (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 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 1105.12 (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 discontinuance of service 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 June 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),3 must be filed by May 31, 2007.4 Petitions to reopen must be filed by June 11, 2007, 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 MMT’s representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. 2 BNSF Railway Company was authorized to abandon the above-described line in BNSF Railway Company—Abandonment Exemption—in Flathead County, MT, STB Docket No. AB–6 (Sub-No. 444X) (STB served Sept. 28, 2006). 3 Each OFA must be accompanied by the filing fee,which currently is set at $1,300. See 49 CFR 1002.2(f)(25). 4 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. E:\FR\FM\21MYN1.SGM 21MYN1 28552 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–9563 Filed 5–18–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–383 (Sub-No. 5X)] Wisconsin & Southern Railroad Co.— Abandonment Exemption—in Milwaukee County, WI pwalker on PROD1PC71 with NOTICES On April 19, 2007, as supplemented on May 7, 2007, the Wisconsin & Southern Railroad Co. (WSOR) 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 2.41-mile line of railroad, extending from milepost 94.35, east of N. 24th Street, to milepost 96.76, west of N. Richards Street, known as the Nut Line, in the cities of Milwaukee and Glendale, in Milwaukee County, WI.1 The line traverses United States Postal Service Zip Codes 53209 and 53212, and includes no stations. The line does not contain federally granted rights-of-way. Any documentation in WSOR’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 issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 24, 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. 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. Any 1 By letter filed on May 11, 2007, WSOR’s counsel confirmed information supplied by counsel on May 7, 2007. Because the petition was thus complete on May 7, 2007, the filed date will be deemed to be May 7, 2007, and all deadlines will be calculated from that date. VerDate Aug<31>2005 15:57 May 18, 2007 Jkt 211001 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 June 14, 2007. 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–383 (Sub-No. 5X), and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423– 0001; and (2) John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Replies to the petition are due on or before June 14, 2007. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Services at (202) 245–0230 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) 245–0305. [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: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–9491 Filed 5–18–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 15, 2007. The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. Dates: Written comments should be received on or before June 20, 2007 to be assured of consideration. Alcohol and Tobacco Tax and Trade Bureau (TTB) OMB Number: 1513–0085. Type of Review: Extension. Title: Principal Place of Business on Beer Labels. TTB REC 5130/5. Description: TTB regulations permit domestic brewers who operate more than one brewery to show as their address on labels and kegs of beer, their ‘‘principal place of business’’ address. This label option may be used in lieu of showing the actual place of production on the label or of listing all of the brewer’s locations on the label. Respondents: Business and other for profits. Estimated Total Burden Hours: 1 hour. OMB Number: 1513–0005. Type of Review: Revision. Title: Letterhead applications and notices filed by brewers. TTB REC 5130/2. Form: TTB 5130.10. Description: The Internal Revenue Code requires brewers to file a notice of intent to operate a brewery. TTB Form 5130.10 is similar to a permit and, when approved by TTB, is a brewer’s authorization to operate. Letterhead applications and notices are necessary to identify brewery activities so that TTB may ensure that proposed operations do not jeopardize Federal revenues. Respondents: Business and other for profits. Estimated Total Burden Hours: 8,976 hours. OMB Number: 1513–0086. Type of Review: Extension. Title: Marks on Equipment and Structures (TTB REC 5130/3) and Marks and Labels on Containers of Beer (TTB REC 5130/4). Description: Marks, signs, and calibrations are necessary on equipment and structures for identifying major equipment for accurate determination of tank contents, and segregation of taxpaid and non tax-paid beer. Marks and labels on containers or beer are necessary to inform consumers of E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28551-28552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9563]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1009X]


Mission Mountain Railroad, Inc.--Discontinuance of Service 
Exemption--in Flathead County, MT

    Mission Mountain Railroad, Inc. (MMT) \1\ has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over a 0.42-mile 
line of railroad between Engineering Station 189+36 and Engineering 
Station 167+00, in Flathead County, MT.\2\ The line traverses United 
States Postal Service Zip Code 59901.
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    \1\ MMT was authorized to lease and operate the line in Mission 
Mountain Railroad, Inc.--Acquisition Exemption--The Burlington 
Northern and Santa Fe Railway Company, STB Finance Docket No. 34634 
(STB served Jan. 19, 2005).
    \2\ BNSF Railway Company was authorized to abandon the above-
described line in BNSF Railway Company--Abandonment Exemption--in 
Flathead County, MT, STB Docket No. AB-6 (Sub-No. 444X) (STB served 
Sept. 28, 2006).
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    MMT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the line 
to be rerouted; (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 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 1105.12 (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 discontinuance of service 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 June 20, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\3\ must be filed by May 31, 2007.\4\ Petitions to 
reopen must be filed by June 11, 2007, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee,which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to MMT's 
representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

[[Page 28552]]

    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 11, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-9563 Filed 5-18-07; 8:45 am]
BILLING CODE 4915-01-P