Western New York and Pennsylvania Railroad, LLC-Lease and Operation Exemption-Certain Assets of Norfolk Southern Railway Company and Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority, 31365-31366 [E7-10883]
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35034]
Carolina Coastal Railway, Inc.—Lease
and Operation Exemption—Norfolk
Southern Railway Company
Carolina Coastal Railway, Inc.
(CLNA), a Class III rail carrier, has filed
a verified notice of exemption under 49
CFR 1150.41 to lease from Norfolk
Southern Railway Company (NSR) and
to operate approximately 133.4 miles of
rail line known as the Raleigh-Plymouth
line extending between (1) Milepost
NS–132.0 at Chocowinity, Beaufort
County, NC, and milepost NS–228.0 at
Raleigh, Wake County, NC, and (2)
milepost NS–127.4 at Phosphate
Junction, Beaufort County, NC, and
milepost NS–90.0 at the end of the track
at Plymouth, Washington County, NC,
including the right-of-way and adjacent
real property described as The Pocket
Track and the Old Engine/Shop Tracks
located in Chocowinity Yard, and the
remaining former East Carolina Railway
trackage (now industrial spurs) in
Farmville, NC. As part of the
transaction, CLNA also will acquire 8.6
miles of incidental overhead trackage
rights within (a) Raleigh Yard, between
milepost NS–228.0 and milepost NS–
232.0 for interchange purposes, and (b)
Chocowinity Yard, between milepost
NS–127.4 and milepost NS–132.0 for
interchange purposes and connectivity
of its lines.
CLNA certifies that its projected
annual revenues as a result of the
transaction will not exceed those that
would qualify it as a Class III rail carrier
and will not exceed $5 million.
The transaction is expected to be
consummated on or after June 21, 2007.1
If the verified notice 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 effectiveness of
the exemption. Petitions for stay must
be filed no later than June 14, 2007 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35034, must be filed with
the Surface Transportation Board, 395 E
together with WNYP’s projected annual
revenue will exceed $5 million, WNYP
states that it has served the national
offices of all labor unions with
employees on the line with a copy of a
notice of its intent to undertake this
transaction and posted such notice at
the workplace of the employees on the
affected line on April 18, 2007.
By petition filed on May 22, 2007, the
Decided: May 30, 2007.
United Transportation Union-New York
By the Board, David M. Konschnik,
State Legislative Board (UTU–NY)
Director, Office of Proceedings.
requests that the Board reject WNYP’s
Vernon A. Williams,
notice of exemption for failure to meet
Secretary.
the requirements of 49 CFR 1150.42(e).2
[FR Doc. E7–10773 Filed 6–5–07; 8:45 am]
UTU–NY maintains that WNYP was
BILLING CODE 4915–01–P
required to notify the Board at least 60
days prior to the proposed effective date
DEPARTMENT OF TRANSPORTATION of the exemption that the required
notice had been given to employees.
Surface Transportation Board
Alternatively, UTU–NY requests that
the exemption not become effective
[STB Finance Docket No. 35019]
until July 16, 2007. WNYP asserts that
it served and posted the required
Western New York and Pennsylvania
information for employees on April 18,
Railroad, LLC—Lease and Operation
2007, but it has not certified to the
Exemption—Certain Assets of Norfolk
Board that it has done so.
Southern Railway Company and
In a letter filed May 25, 2007, WNYP
Chautauqua, Cattaraugus, Allegany
seeks a waiver of the requirements of 49
and Steuben Southern Tier Extension
CFR 1150.42(e) insofar as it relates to
Railroad Authority
certifying to the Board that it has
Western New York and Pennsylvania
complied with those requirements at
Railroad, LLC (WNYP), a Class III rail
least 60 days prior to the effective date
carrier, has filed a verified notice of
of the exemption. WNYP thus seeks a
exemption under 49 CFR 1150.41 to
Board ruling that would permit the
lease from Chautauqua, Cattaraugus,
exemption in this proceeding to become
Allegany and Steuben Southern Tier
effective on June 25, 2007. WNYP
Extension Railroad Authority (STERA),
acknowledges that, although the Board’s
and Norfolk Southern Railway Company regulations do not require the filing of
(NSR), and operate approximately 98.3
the labor notice with the Board, the
miles of rail line extending between
Board has interpreted the 60-day
Machias Junction, NY, and Driftwood,
advance notice requirement in 49 CFR
PA, in Cattaraugus County, NY, and
1150.42(e) not only to apply to service
McKean, Potter and Cameron Counties,
and posting of the required labor notice,
PA (the line).1 The end points of the line but also to certification to the Board of
are as follows: (1) Between milepost BR
that service and posting.
44.7 and milepost BR 134.0 (the Buffalo
UTU–NY replied in opposition to the
Line); (2) between milepost FV 0.0 and
petition for waiver on May 29, 2007.
milepost FV 6.6 (the Farmer’s Valley
The Board will rule on WNYP’s waiver
Secondary Line); and (3) between
request in a subsequent decision. Unless
milepost YS 114.5 and milepost YS
the Board grants the waiver request, the
116.9 (the Olean Branch). NSR will
earliest this transaction may be
retain detour rights over the line
consummated will be 60 days after
pursuant to a standard form detour
certification of compliance with the
agreement adopted by the Association of
American Railroads.
2 Under 49 CFR 1150.42(e), ‘‘If the projected
WNYP certifies that its projected
annual revenue of the rail lines to be acquired or
revenues as a result of the transaction
operated, together with the acquiring carrier’s
projected annual revenue, exceeds $5 million, the
will not result in the creation of a Class
applicant must, at least 60 days before the
II or Class I rail carrier. Because the
exemption becomes effective, post a notice of
projected annual revenues of the line,
applicant’s intent to undertake the proposed
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on John D.
Heffner, John D. Heffner, PLLC, 1920 N
Street, NW., Suite 800, Washington, DC
20036.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
jlentini on PROD1PC65 with NOTICES
1 STERA
1 The lease agreement provides for a term of 20
years from date of the agreement with a renewal
term of 10 years. The lease may be terminated by
either party prior to the end of the term in
accordance with the lease provisions. The parties
must seek appropriate Board authority to terminate
these provisions.
VerDate Aug<31>2005
16:59 Jun 05, 2007
Jkt 211001
31365
owns the portion of the line located in
Cattaraugus County. NSR owns the portion of the
line located in McKean, Potter and Cameron
Counties, and is the current operator of the entire
line. In accordance with the lease provisions, the
lease term is 14 years, with a renewal term of 10
years, which may be terminated by either party
prior to the end of the term.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
transaction at the workplace of the employees on
the affected line(s) and serve a copy of the notice
on the national offices of the labor unions with
employees on the affected line(s), setting forth the
types and numbers of jobs expected to be available,
the terms of employment and principles of
employee selection, and the lines that are to be
transferred, and certify to the Board that it has done
so’’ (emphasis added).
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31366
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices
requirements of 49 CFR 1150.42(e) is
received by the Board.
If the verified notice 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.
Petitions for stay must be filed no later
than June 11, 2007.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35019, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. Also, a copy of each pleading
must be served on Janie Sheng,
Kirkpatrick & Lockhart Preston Gates
Ellis LLP, 1601 K Street, NW.,
Washington, DC 20006.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: May 31, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–10883 Filed 6–5–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–1011X]
Northern Lines Railway, LCCDiscontinuance of Service Exemptionin Stearns County, MN
jlentini on PROD1PC65 with NOTICES
Northern Lines Railway, LCC (NLR) 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
0.77-mile line of railroad between
milepost 16.21 and milepost 16.98, near
Cold Spring, in Stearns County, MN.2
The line traverses United States Postal
Service Zip Code 56320.
NLR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
1 NLR was authorized to lease and operate the
line in Northern Lines Railway, LLC—Lease and
Operation Exemption—The Burlington Northern
and Santa Fe Railway Company, STB Finance
Docket No. 34627 (STB served Jan. 6, 2005).
2 BNSF Railway Company (BNSF) was authorized
to abandon the above-described line in BNSF
Railway Company—Abandonment Exemption—in
Stearns County, MN, STB Docket No. AB–6 (SubNo. 455X) (STB served May 7, 2007). While BNSF
was authorized to abandon its rail line located
between milepost 16.21 and milepost 17.00, NLR’s
lease only extended to milepost 16.98, explaining
the 0.02-mile difference in mileages sought by
BNSF and NLR.
VerDate Aug<31>2005
16:59 Jun 05, 2007
Jkt 211001
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 July 6,
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
June 18, 2007.4 Petitions to reopen must
be filed by June 26, 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 NLR’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.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: May 30, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–10772 Filed 6–5–07; 8:45 am]
BILLING CODE 4915–01–P
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.
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DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
May 31, 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
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 July 6, 2007 to be
assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–2051.
Type of Review: Extension.
Title: Credit for Federal Telephone
Excise Tax Paid.
Form: 8913.
Description: In May 2006, the IRS
issued Notice 2006–50 stating
‘‘taxpayers may be entitled to request a
credit or refund of the federal excise tax
on nontaxable telephone service. The
refund period is for nontaxable service
billed after February 28, 2003 and before
August 1, 2006. The credit or refund
must be claimed on a 2006 income tax
return. Form 8913 has been developed
to allow taxpayers to compute the actual
amount of refund for each month of the
14 refund periods. Taxpayers must also
calculate the interest due on the refund.
Factors have been provided for each
refund period. The tax and interest is
combined on Form 8913 and one
amount is transferred to the appropriate
income tax return. The burden hours
were decreased due to SOI Research
providing more realistic filing figures
based on actual filings of the form.
Respondents: Businesses and other
for-profit institutions.
Estimated Total Burden Hours:
67,608,000 hours.
OMB Number: 1545–1603.
Type of Review: Extension.
Title: REG–104691–97 (Final)
Electronic Tip Report.
Description: The regulations provide
rules authorizing employers to establish
electronic systems for use by their
tipped employees in reporting tips to
their employer. The information will be
used by employers to determine the
amount of income tax and FICA tax to
E:\FR\FM\06JNN1.SGM
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Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31365-31366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10883]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35019]
Western New York and Pennsylvania Railroad, LLC--Lease and
Operation Exemption--Certain Assets of Norfolk Southern Railway Company
and Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier
Extension Railroad Authority
Western New York and Pennsylvania Railroad, LLC (WNYP), a Class III
rail carrier, has filed a verified notice of exemption under 49 CFR
1150.41 to lease from Chautauqua, Cattaraugus, Allegany and Steuben
Southern Tier Extension Railroad Authority (STERA), and Norfolk
Southern Railway Company (NSR), and operate approximately 98.3 miles of
rail line extending between Machias Junction, NY, and Driftwood, PA, in
Cattaraugus County, NY, and McKean, Potter and Cameron Counties, PA
(the line).\1\ The end points of the line are as follows: (1) Between
milepost BR 44.7 and milepost BR 134.0 (the Buffalo Line); (2) between
milepost FV 0.0 and milepost FV 6.6 (the Farmer's Valley Secondary
Line); and (3) between milepost YS 114.5 and milepost YS 116.9 (the
Olean Branch). NSR will retain detour rights over the line pursuant to
a standard form detour agreement adopted by the Association of American
Railroads.
---------------------------------------------------------------------------
\1\ STERA owns the portion of the line located in Cattaraugus
County. NSR owns the portion of the line located in McKean, Potter
and Cameron Counties, and is the current operator of the entire
line. In accordance with the lease provisions, the lease term is 14
years, with a renewal term of 10 years, which may be terminated by
either party prior to the end of the term.
---------------------------------------------------------------------------
WNYP certifies that its projected revenues as a result of the
transaction will not result in the creation of a Class II or Class I
rail carrier. Because the projected annual revenues of the line,
together with WNYP's projected annual revenue will exceed $5 million,
WNYP states that it has served the national offices of all labor unions
with employees on the line with a copy of a notice of its intent to
undertake this transaction and posted such notice at the workplace of
the employees on the affected line on April 18, 2007.
By petition filed on May 22, 2007, the United Transportation Union-
New York State Legislative Board (UTU-NY) requests that the Board
reject WNYP's notice of exemption for failure to meet the requirements
of 49 CFR 1150.42(e).\2\ UTU-NY maintains that WNYP was required to
notify the Board at least 60 days prior to the proposed effective date
of the exemption that the required notice had been given to employees.
Alternatively, UTU-NY requests that the exemption not become effective
until July 16, 2007. WNYP asserts that it served and posted the
required information for employees on April 18, 2007, but it has not
certified to the Board that it has done so.
---------------------------------------------------------------------------
\2\ Under 49 CFR 1150.42(e), ``If the projected annual revenue
of the rail lines to be acquired or operated, together with the
acquiring carrier's projected annual revenue, exceeds $5 million,
the applicant must, at least 60 days before the exemption becomes
effective, post a notice of applicant's intent to undertake the
proposed transaction at the workplace of the employees on the
affected line(s) and serve a copy of the notice on the national
offices of the labor unions with employees on the affected line(s),
setting forth the types and numbers of jobs expected to be
available, the terms of employment and principles of employee
selection, and the lines that are to be transferred, and certify to
the Board that it has done so'' (emphasis added).
---------------------------------------------------------------------------
In a letter filed May 25, 2007, WNYP seeks a waiver of the
requirements of 49 CFR 1150.42(e) insofar as it relates to certifying
to the Board that it has complied with those requirements at least 60
days prior to the effective date of the exemption. WNYP thus seeks a
Board ruling that would permit the exemption in this proceeding to
become effective on June 25, 2007. WNYP acknowledges that, although the
Board's regulations do not require the filing of the labor notice with
the Board, the Board has interpreted the 60-day advance notice
requirement in 49 CFR 1150.42(e) not only to apply to service and
posting of the required labor notice, but also to certification to the
Board of that service and posting.
UTU-NY replied in opposition to the petition for waiver on May 29,
2007. The Board will rule on WNYP's waiver request in a subsequent
decision. Unless the Board grants the waiver request, the earliest this
transaction may be consummated will be 60 days after certification of
compliance with the
[[Page 31366]]
requirements of 49 CFR 1150.42(e) is received by the Board.
If the verified notice 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.
Petitions for stay must be filed no later than June 11, 2007.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35019, must be filed with the Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001. Also, a copy of
each pleading must be served on Janie Sheng, Kirkpatrick & Lockhart
Preston Gates Ellis LLP, 1601 K Street, NW., Washington, DC 20006.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: May 31, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10883 Filed 6-5-07; 8:45 am]
BILLING CODE 4915-01-P