Michigan Central Railway, LLC-Acquisition and Operation Exemption-Lines of Norfolk Southern Railway Company, 48728-48729 [E7-16794]

Download as PDF 48728 Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Notices Transit Authority (MTA) Board Room, One Gateway Plaza, Los Angeles, CA 90012. Attendees of this session must register in advance at http:// www.metro.net/newstart.htm. 2. Tuesday, September 18th, 9 a.m. to 4 p.m. local time, Denver, CO—Regional Transit District, T&D Rooms, 1600 Blake Street, Denver, CO 80202. 3. Wednesday, September 26th, 9 a.m. to 4 p.m. local time, Chicago, IL— DePaul University Downtown Loop Campus Conference Center, Room 8005, One East Jackson Boulevard, Chicago, IL 60604. 4. Tuesday, October 2nd, 9 a.m. to 4 p.m. local time, Washington, DC— Hilton Washington, Georgetown West Room, 1919 Connecticut Avenue NW., Washington, DC 20009. A block of 15 rooms have been reserved. 5. Thursday, October 9th, 2 p.m. to 6:30 p.m. local time, Charlotte, NC— Charlotte Convention Center, room to be announced, 501 South College, Charlotte, NC, 28202. This meeting is being held in conjunction with the APTA Annual Meeting taking place in Charlotte October 7–10th. II. Presentations and Comment Format Meeting participants should arrive early because each meeting is anticipated to begin promptly at the appointed time. A. Questions and Comments Meeting attendees will have an opportunity to pose questions to the speakers and to the group as a whole. Individuals who wish for their comments to be considered and become part of the official public record must submit their comments directly to the U.S. Docket via postal mail, fax, or through the online Docket Management System (DMS) by November 3, 2007. For instructions on how to submit comments to the Docket (Docket Number FTA–2007–25737), please refer to the NPRM. B. Registration Registration is only required for the information session in Los Angeles on September 13th. Those who wish to attend that session must register in advance on MTA’s Web site at: http:// www.metro.net/newstart.htm. yshivers on PROD1PC66 with NOTICES III. Special Accommodations All locations are ADA-accessible and sign language interpreters will be present at each meeting. Individuals attending a meeting who are hearing or visually impaired and have special requirements, or a condition that requires special assistance or VerDate Aug<31>2005 14:35 Aug 23, 2007 Jkt 211001 accommodations, may indicate this by calling Erica Hargrove at 202–366–2360. Issued on: August 20, 2007. James S. Simpson, Administrator. [FR Doc. E7–16831 Filed 8–23–07; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35063] Michigan Central Railway, LLC— Acquisition and Operation Exemption—Lines of Norfolk Southern Railway Company AGENCY: Surface Transportation Board, DOT. Notice of revised procedural schedule. ACTION: SUMMARY: By this decision and notice, the Board is revising its previously established schedule for considering the petition of Michigan Central Railway, LLC (MCR) to exempt its acquisition and operation of certain railroad lines of the Norfolk Southern Railway Company (NSR) in Michigan and Indiana, so as to allow 2 more weeks for the submission of comments. The agency is also denying requests to have this proceeding considered under the formal application process of 49 U.S.C. 10901 and 49 CFR Part 1150, rather than under the exemption provisions of 49 U.S.C. 10502(b) and 49 CFR 1121.1. DATES: Comments on MCR’s petition for exemption may now be filed by any interested person by September 18, 2007. Replies by MCR and NSR are now due by October 1, 2007. The Board will issue its final decision by October 25, 2007. ADDRESSES: Any filing submitted in this proceeding must refer to STB Finance Docket No. 35063 and may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing must attach a document and otherwise comply with the instructions found on the Board’s www.stb.dot.gov Web site, at the ‘‘EFILING’’ link. Any person submitting a filing in the traditional paper format must submit an original and 10 paper copies of the filing (and also an electronic version) to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, one copy of each filing in this proceeding must be sent (and may be sent by e-mail only if service by e-mail is acceptable to the recipient) to: Karl Morell, Of Counsel, Ball Janik, LLP, PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Suite 225, 1455 F Street, NW., Washington, DC 20005; and G. Paul Moates, Sidley & Austin LLP, 1501 K Street, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245–0395. [Federal Information Relay Service (FIRS) for the hearing impaired: 1–800– 877–8339.] SUPPLEMENTARY INFORMATION: By decision and notice served on August 2, 2007, and published on the same date in the Federal Register at 72 FR 42465– 66, we commenced a proceeding under 49 U.S.C. 10502(b) and 49 CFR 1121.1 to consider MCR’s petition for an exemption to authorize it to acquire some 299 miles of rail line from NSR in Michigan and Indiana, to acquire through assignment from NSR some 85.5 miles of existing trackage rights and lease rights, and to acquire yards and stations that are related to this track. In that decision and notice, we also adopted a procedural schedule providing that: Comments on MCR’s petition from interested persons were due by September 4, 2007; replies from MCR and NSR were due by September 17, 2002; and a final decision would be issued on October 11, 2007. Various parties have requested that the schedule be extended to allow more time for them to prepare comments. In its petition for reconsideration of the procedural schedule filed on August 3, 2007, the Brotherhood of Maintenance of Way Employees Division/IBT and Brotherhood of Railway Signalmen (BMWE/BRS) jointly request an extension to October 2, 2007, for filing initial comments, to October 22, 2007, for replies and to December 1, 2007, for issuing a decision.1 In their reply jointly filed on August 7, 2007, the Michigan Southern Railroad Company and the Elkhart & Western Railroad Company (MSR/EWR) support the extension requested by BMWE/BRS. In a pleading filed on August 3, 2007, Michigan State Senator Mark S. Schauer requested an extension but did not propose specific dates. The longest extension request, seeking a 90-day extension to the comment due date, was filed on August 1, 2007, by the Southwest Michigan Council of Governments. Replies in opposition to the requests for extension were filed by MCR on August 6, 2007, and August 7, 2007, and by NSR on August 8, 2007. We will allow the parties an additional 2 weeks for the submission of comments. Due to the scope of the proposed transaction and the fact that 1 BMWE/BRS essentially made the same request in its response filed on August 1, 2007, to MCR’s petition. E:\FR\FM\24AUN1.SGM 24AUN1 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

Agencies

[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48728-48729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16794]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35063]


Michigan Central Railway, LLC--Acquisition and Operation 
Exemption--Lines of Norfolk Southern Railway Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of revised procedural schedule.

-----------------------------------------------------------------------

SUMMARY: By this decision and notice, the Board is revising its 
previously established schedule for considering the petition of 
Michigan Central Railway, LLC (MCR) to exempt its acquisition and 
operation of certain railroad lines of the Norfolk Southern Railway 
Company (NSR) in Michigan and Indiana, so as to allow 2 more weeks for 
the submission of comments. The agency is also denying requests to have 
this proceeding considered under the formal application process of 49 
U.S.C. 10901 and 49 CFR Part 1150, rather than under the exemption 
provisions of 49 U.S.C. 10502(b) and 49 CFR 1121.1.

DATES: Comments on MCR's petition for exemption may now be filed by any 
interested person by September 18, 2007. Replies by MCR and NSR are now 
due by October 1, 2007. The Board will issue its final decision by 
October 25, 2007.

ADDRESSES: Any filing submitted in this proceeding must refer to STB 
Finance Docket No. 35063 and may be submitted either via the Board's e-
filing format or in the traditional paper format. Any person using e-
filing must attach a document and otherwise comply with the 
instructions found on the Board's www.stb.dot.gov Web site, at the ``E-
FILING'' link. Any person submitting a filing in the traditional paper 
format must submit an original and 10 paper copies of the filing (and 
also an electronic version) to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
filing in this proceeding must be sent (and may be sent by e-mail only 
if service by e-mail is acceptable to the recipient) to: Karl Morell, 
Of Counsel, Ball Janik, LLP, Suite 225, 1455 F Street, NW., Washington, 
DC 20005; and G. Paul Moates, Sidley & Austin LLP, 1501 K Street, NW., 
Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: By decision and notice served on August 2, 
2007, and published on the same date in the Federal Register at 72 FR 
42465-66, we commenced a proceeding under 49 U.S.C. 10502(b) and 49 CFR 
1121.1 to consider MCR's petition for an exemption to authorize it to 
acquire some 299 miles of rail line from NSR in Michigan and Indiana, 
to acquire through assignment from NSR some 85.5 miles of existing 
trackage rights and lease rights, and to acquire yards and stations 
that are related to this track. In that decision and notice, we also 
adopted a procedural schedule providing that: Comments on MCR's 
petition from interested persons were due by September 4, 2007; replies 
from MCR and NSR were due by September 17, 2002; and a final decision 
would be issued on October 11, 2007.
    Various parties have requested that the schedule be extended to 
allow more time for them to prepare comments. In its petition for 
reconsideration of the procedural schedule filed on August 3, 2007, the 
Brotherhood of Maintenance of Way Employees Division/IBT and 
Brotherhood of Railway Signalmen (BMWE/BRS) jointly request an 
extension to October 2, 2007, for filing initial comments, to October 
22, 2007, for replies and to December 1, 2007, for issuing a 
decision.\1\ In their reply jointly filed on August 7, 2007, the 
Michigan Southern Railroad Company and the Elkhart & Western Railroad 
Company (MSR/EWR) support the extension requested by BMWE/BRS. In a 
pleading filed on August 3, 2007, Michigan State Senator Mark S. 
Schauer requested an extension but did not propose specific dates. The 
longest extension request, seeking a 90-day extension to the comment 
due date, was filed on August 1, 2007, by the Southwest Michigan 
Council of Governments.
---------------------------------------------------------------------------

    \1\ BMWE/BRS essentially made the same request in its response 
filed on August 1, 2007, to MCR's petition.
---------------------------------------------------------------------------

    Replies in opposition to the requests for extension were filed by 
MCR on August 6, 2007, and August 7, 2007, and by NSR on August 8, 
2007.
    We will allow the parties an additional 2 weeks for the submission 
of comments. Due to the scope of the proposed transaction and the fact 
that

[[Page 48729]]

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.''
---------------------------------------------------------------------------

    \2\ In a pleading filed on July 20, 2007, MSR/EWR also seem to 
support this request.
---------------------------------------------------------------------------

    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.

    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