Northwestern Pacific Railroad Company-Change in Operators Exemption-North Coast Railroad Authority, Sonoma-Marin Area Transit District and Northwestern Pacific Railway Co., LLC, 48729-48730 [E7-16475]

Download as PDF yshivers on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Notices opponents must develop their submissions during the summer when many people schedule vacations, an additional 2 weeks for the submission of comments is warranted. The additional 2 weeks will provide sufficient time for interested persons to prepare their comments, while not materially harming the parties to this transaction. We will also extend the remaining due dates under the procedural schedule by 2 weeks. In a pleading filed on July 31, 2007, the Brotherhood of Locomotive Engineers and Trainmen, a Division of the Rail Conference, International Brotherhood of Teamsters (BLET), asked the Board to require MCR and NSR to use the formal application process under 49 U.S.C. 10901 and 49 CFR Part 1150 for considering the proposed transaction, rather than the exemption process of 49 U.S.C. 10502(b) and 49 CFR 1121.1.2 BLET argues that the exemption process does not give parties ‘‘adequate opportunity to examine the transactions and to engage in needed discovery.’’ We will not require MCR and NSR to proceed by filing a formal application at this time. BLET and those in support of its position have failed to date to show that the exemption process and the procedural schedule we have adopted are inadequate. Contrary to what BLET maintains, opponents of the transaction will have ample opportunity to develop the record. The parties to this transaction have submitted comprehensive information about the transaction, and we are allowing additional time for opponents to examine the transaction and to file comments. At this time, we conclude that we have established a fair and responsive process. Board decisions, notices, and filings are available on its Web site at http:// www.stb.dot.gov. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. The schedule for hearing MCR’s petition is extended as provided in this decision, and the requests to hear this transaction under the application process are denied. 2. This decision will be published in the Federal Register on August 24, 2007. 3. This decision is effective on August 24, 2007. Decided: August 20, 2007. 2 In a pleading filed on July 20, 2007, MSR/EWR also seem to support this request. VerDate Aug<31>2005 14:35 Aug 23, 2007 Jkt 211001 By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon Williams, Secretary. [FR Doc. E7–16794 Filed 8–23–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35074] BIP Acquisition Sub, Inc.—Acquisition and Operation Exemption—Mittal Steel USA—Railways Inc. BIP Acquisition Sub, Inc. (BIP), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Mittal Steel USA— Railways Inc. and operate approximately 183 miles of rail line in and around Sparrows Point, MD.1 BIP has certified that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III railroad. Because BIP’s projected annual revenues will exceed $5 million, however, it has certified to the Board, on August 10, 2007, that it sent the required notice of the transaction to the national and local offices of the United Steelworkers Union, which represents employees on the affected lines, and posted a copy of the notice at the workplace of the employees on the affected lines on August 9, 2007. See 49 CFR 1150.32(e). BIP states that it intends to consummate the transaction on or after September 10, 2007, and will seek a waiver of the Board’s 60-day labor notice requirement at 49 CFR 1150.32(e) to do so. Unless the Board grants a waiver, BIP may not consummate the transaction prior to the current October 9, 2007 effective date of the exemption. 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 to stay must be filed no later than 7 days before the exemption becomes effective. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35074, must be filed with the Surface Transportation Board, 395 E 1 See Mittal Steel Company N.V.—Acquisition of Control Exemption—ISG Railways Inc., ISG South Chicago & Indiana Harbor Railway Co., and ISG Cleveland Works Railway Co., STB Finance Docket No. 34650 (STB served May 3, 2005). PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 48729 Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on: Gavin M. O’Connor, McGuire Woods LLP, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 16, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–16466 Filed 8–23–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35073] Northwestern Pacific Railroad Company—Change in Operators Exemption—North Coast Railroad Authority, Sonoma-Marin Area Transit District and Northwestern Pacific Railway Co., LLC Northwestern Pacific Railroad Company (NWPCO), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to change operators from Northwestern Pacific Railway Co., LLC (NWPY) to NWPCO on a line of railroad owned by North Coast Railroad Authority (NCRA) and Sonoma-Marin Area Rail Transit District (SMART). The line, entirely within California, includes: (1) The Willits Segment extending from NWP milepost 142.5 near Outlet Station to NWP milepost 68.22 near Healdsburg, a distance of approximately 74.3 miles; (2) the Healdsburg Segment extending from NWP milepost 68.2 near Healdsburg to NWP milepost 26.96 near Novato, a distance of approximately 41.2 miles; (3) the Novato Segment extending from milepost 26.96 near Novato to NWP milepost 25.6 near Ignacio, a distance of approximately 1.4 miles; and (4) the Lombard Segment extending from NWP milepost 25.6 near Ignacio to Lombard Station in Napa County, SP milepost 63.4, a distance of approximately 25.3 miles. These segments (‘‘the Line’’) total approximately 142 miles.1 This change 1 NCRA acquired the authority to operate the Line pursuant to North Coast Railroad Authority—Lease and Operation Exemption—California Northern Railroad Company, Northwestern Pacific Railroad Authority, and Golden Gate Bridge, Highway and Transportation District, STB Finance Docket No. 33115 (STB Served Sept. 27, 1996). In turn, NCRA contracted its surface freight easement rights on the E:\FR\FM\24AUN1.SGM Continued 24AUN1 48730 Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Notices in operators is exempt under 49 CFR 1150.31(a)(3).2 NWPCO certifies that upon consummation of the transaction, it will become a Class III rail carrier, that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier, and that such revenues would not exceed $5 million annually. NWPCO indicates that it intends to consummate the transaction on or after September 8, 2007.3 The earliest the transaction could be consummated was August 16, 2007 (7 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to reopen the proceeding 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 3073, must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 395 E. Street, SW., Washington, DC 20523– 0001. In addition, a copy of each pleading must be served on Douglas H. Bosco, Northwestern Pacific Railroad Company, 37 Old Courthouse Square, Suite 200, Santa Rosa, CA 95404, and Robert A. Wimbish, Baker & Miller, PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 16, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–16475 Filed 8–23–07; 8:45 am] yshivers on PROD1PC66 with NOTICES BILLING CODE 4915–01–P Line to NWPY pursuant to Northwestern Pacific Railway Co., LLC—Lease and Operation Exemption—North Coast Railroad Authority, Northwestern Pacific Railroad Authority and Golden Gate Bridge, Highway and Transportation District, STB Finance Docket No. 33998 (STB served Feb. 6, 2001). SMART obtained an ownership interest in the southern portion of the Line pursuant to Sonoma-Marin Area Rail Transit District— Acquisition Exemption—Northwestern Pacific Railroad Authority, STB Finance Docket No. 34400 (STB served Mar. 10, 2004). 2 In order to qualify for a change in operators exemption, an applicant must give notice to shippers on the line. See 49 CFR 1150.32(b). NWPCO has certified that it will give notice of the proposed transaction to affected shippers concurrently with the filing of this notice of exemption. 3 This transaction renders moot the notice of exemption filed in STB Docket No. 34842, SonomaMarin Area Rail Transit District—Acquisition Exemption—Northwestern Pacific Railroad, which will be dismissed in a separate decision. VerDate Aug<31>2005 14:35 Aug 23, 2007 Jkt 211001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 34075] Six County Association of Governments—Construction and Operation Exemption—Rail Line Between Levan and Salina, Utah AGENCY: Surface Transportation Board, DOT. Preparation of Supplemental Information on Alternatives and Wetlands and Extension of Comment Period. ACTION: SUMMARY: On July 30, 2001, the Six County Association of Governments (SCAOG) filed a Petition for Exemption with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate a new rail line between Juab and Salina, Utah. The project involves approximately 43 miles of new rail line and ancillary facilities in Sanpete, Juab, and Sevier Counties that would connect the Union Pacific Railroad about 16 miles south of Nephi, near Juab, Utah, to a proposed coal transfer terminal facility about 0.5 mile southwest of Salina. The Proposed Action is known as the Central Utah Rail Project (CURP). Because the construction and operation of this project has the potential to result in significant environmental impacts, the Board’s Section of Environmental Analysis (SEA) prepared, and issued, a Draft Environmental Impact Statement (EIS) on June 29, 2007. The comment period for the Draft EIS closed on August 22, 2007. Shortly before the end of the public comment period on the Draft EIS, however, SEA determined that additional information on alternatives and wetlands is warranted to ensure that those reviewing the document have all the information they need to comment effectively on the analysis contained in the Draft EIS. Therefore, SEA will prepare and issue Supplemental Information on Alternatives and Wetlands (Supplemental Information) to assist the public in its review of the proposed CURP project and extend the comment period on the Draft EIS. This notice is to inform individuals and agencies interested in or affected by the proposed CURP project that SEA will be issuing Supplemental Information in the near future. At that time, SEA will announce the availability of the Supplemental Information in the Federal Register and on the Board’s Web site. SEA will also set the date for when comments on both the PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Supplemental Information and the Draft EIS are due. After the close of the extended comment period, SEA will prepare a Final EIS that considers comments received on both the Draft EIS and Supplemental Information. When considering whether to grant final approval of the proposed action, the Board will consider the DEIS, Supplemental Information, the Final EIS, and all environmental comments that are received. FOR FURTHER INFORMATION CONTACT: Phillis Johnson-Ball, (202) 245–0304. Federal Information Relay Service for the hearing impaired: 1–800–877–8339. Decided: August 21, 2007. By the Board, Victoria Rutson, Chief, Section of Environmental Analysis. Vernon A. Williams, Secretary. [FR Doc. E7–16765 Filed 8–23–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request August 17, 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 September 24, 2007 to be assured of consideration. Alcohol and Tobacco Tax and Trade Bureau (TTB) OMB Number: 1513–0041. Type of Review: Revision. Title: Monthly Report of Processing Operations–TTB REC 5110/03. Forms: TTB 5110.28. Description: The information collected accounts for and verifies the processing of distilled spirits in bond. It is used to monitor proprietor activities, in auditing plant operations, compiling statistics. We have revised the form by adding a box for an EIN. Respondents: Business and other for profits. E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48729-48730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16475]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35073]


Northwestern Pacific Railroad Company--Change in Operators 
Exemption--North Coast Railroad Authority, Sonoma-Marin Area Transit 
District and Northwestern Pacific Railway Co., LLC

    Northwestern Pacific Railroad Company (NWPCO), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to change 
operators from Northwestern Pacific Railway Co., LLC (NWPY) to NWPCO on 
a line of railroad owned by North Coast Railroad Authority (NCRA) and 
Sonoma-Marin Area Rail Transit District (SMART). The line, entirely 
within California, includes: (1) The Willits Segment extending from NWP 
milepost 142.5 near Outlet Station to NWP milepost 68.22 near 
Healdsburg, a distance of approximately 74.3 miles; (2) the Healdsburg 
Segment extending from NWP milepost 68.2 near Healdsburg to NWP 
milepost 26.96 near Novato, a distance of approximately 41.2 miles; (3) 
the Novato Segment extending from milepost 26.96 near Novato to NWP 
milepost 25.6 near Ignacio, a distance of approximately 1.4 miles; and 
(4) the Lombard Segment extending from NWP milepost 25.6 near Ignacio 
to Lombard Station in Napa County, SP milepost 63.4, a distance of 
approximately 25.3 miles. These segments (``the Line'') total 
approximately 142 miles.\1\ This change

[[Page 48730]]

in operators is exempt under 49 CFR 1150.31(a)(3).\2\
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    \1\ NCRA acquired the authority to operate the Line pursuant to 
North Coast Railroad Authority--Lease and Operation Exemption--
California Northern Railroad Company, Northwestern Pacific Railroad 
Authority, and Golden Gate Bridge, Highway and Transportation 
District, STB Finance Docket No. 33115 (STB Served Sept. 27, 1996). 
In turn, NCRA contracted its surface freight easement rights on the 
Line to NWPY pursuant to Northwestern Pacific Railway Co., LLC--
Lease and Operation Exemption--North Coast Railroad Authority, 
Northwestern Pacific Railroad Authority and Golden Gate Bridge, 
Highway and Transportation District, STB Finance Docket No. 33998 
(STB served Feb. 6, 2001). SMART obtained an ownership interest in 
the southern portion of the Line pursuant to Sonoma-Marin Area Rail 
Transit District--Acquisition Exemption--Northwestern Pacific 
Railroad Authority, STB Finance Docket No. 34400 (STB served Mar. 
10, 2004).
    \2\ In order to qualify for a change in operators exemption, an 
applicant must give notice to shippers on the line. See 49 CFR 
1150.32(b). NWPCO has certified that it will give notice of the 
proposed transaction to affected shippers concurrently with the 
filing of this notice of exemption.
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    NWPCO certifies that upon consummation of the transaction, it will 
become a Class III rail carrier, that its projected revenues as a 
result of this transaction will not exceed those that would qualify it 
as a Class III rail carrier, and that such revenues would not exceed $5 
million annually. NWPCO indicates that it intends to consummate the 
transaction on or after September 8, 2007.\3\ The earliest the 
transaction could be consummated was August 16, 2007 (7 days after the 
exemption was filed).
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    \3\ This transaction renders moot the notice of exemption filed 
in STB Docket No. 34842, Sonoma-Marin Area Rail Transit District--
Acquisition Exemption--Northwestern Pacific Railroad, which will be 
dismissed in a separate decision.
---------------------------------------------------------------------------

    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 3073, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 395 E. Street, SW., 
Washington, DC 20523-0001. In addition, a copy of each pleading must be 
served on Douglas H. Bosco, Northwestern Pacific Railroad Company, 37 
Old Courthouse Square, Suite 200, Santa Rosa, CA 95404, and Robert A. 
Wimbish, Baker & Miller, PLLC, 2401 Pennsylvania Avenue, NW., Suite 
300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 16, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-16475 Filed 8-23-07; 8:45 am]
BILLING CODE 4915-01-P