JP Rail, Inc.-Lease and Operation Exemption-NAT Industries, Inc., 62306 [E7-21566]

Download as PDF pwalker on PROD1PC71 with NOTICES 62306 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Notices rail carrier after consummation of the proposed transaction. KCTL certifies that its projected annual revenues as a result of this 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 KCTL’s projected annual revenue, will exceed $5 million, KCTL certified, on September 21, 2007, that it had served the required notice of the transaction on the national offices of the labor unions for those employees affected on the lines and posted such notice at the workplace of the employees on the affected lines on September 20, 2007. KCTL states that it intends to consummate the transaction on November 20, 2007. The earliest this transaction may be consummated is November 20, 2007, (the effective date of the exemption (60 days after KCTL certified its compliance with the labor notice requirements of 49 CFR 1150.42(e))). KCTL also states that, upon authorization of this transaction, it plans to enter into a service agreement with Kaw River Railroad, Inc. (Kaw River), under which Kaw River would provide certain railroad operating services on this 5.5-mile line. KCTL states that Kaw River is not seeking separate authority to operate as a common carrier over the line. In publishing this notice, the Board takes no position on whether Kaw River would need to obtain Board authority to provide services pursuant to this agreement with KCTL. Given the Board’s conclusions in Kansas City Transportation Company LLC—Lease and Assignment of Lease Exemption— Kansas City Terminal Railway Company and Kaw River Railroad, Inc., STB Finance Docket No. 34830 (STB served May 23, 2007), and KCTL’s recognition of those conclusions in this proceeding, Kaw River should file a notice of exemption to operate pursuant to the agreement and simultaneously file a motion to dismiss if it believes that authority is not needed. 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 November 13, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35085, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– VerDate Aug<31>2005 15:58 Nov 01, 2007 Jkt 214001 0001. In addition, a copy of each pleading must be served on Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: October 30, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–21570 Filed 11–1–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35090] JP Rail, Inc.—Lease and Operation Exemption—NAT Industries, Inc. JP Rail, Inc. (JP Rail), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from NAT Industries, Inc. (NAT) and to operate approximately 1 mile of track in Carroll Township, PA, known as the Donora Line (the Line), formerly operated by NAT as private industrial track. JP Rail states that it will hold itself out to provide common carrier rail freight service over the Line, and that it plans to serve customers originating traffic at JP Rail’s Pleasantville, NJ facility and also to market its service to ‘‘local’’ customers. According to JP Rail, the traffic would comprise construction and demolition materials (C&D), which would be transported from Pleasantville by Norfolk Southern Railway Company to a connection with the Line at milepost ML40 in Carroll Township. JP Rail would then transport the C&D over the Line for subsequent transloading into trucks for movement to ‘‘Westmoreland Waste’s landfill,’’ approximately 3 miles from Carroll Township. JP Rail states that this operation is intended to be temporary until a permanent rail unloading facility can be constructed on Westmoreland Waste’s site and its landfill permit amended to allow for rail traffic. Finally, JP Rail asserts that the proposed transaction is exempt from environmental review under 49 CFR 1105.6(c)(2)(i) and from historic review under 49 CFR 1105.8(b)(1). JP Rail 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 and will not exceed $5 million. Because of outstanding questions regarding the proposal, the Board, PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 through the Director of the Office of Proceedings, in a decision served October 26, 2007, directed JP Rail to file supplemental information describing in more detail its anticipated operations and supporting its claim that environmental review is not warranted. The Board also directed JP Rail to serve a copy of its verified notice and the October 26 decision on appropriate federal, state, and local entities and stated that the effective date of the exemption would be delayed until December 6, 2007, to allow time for those parties to participate, if they wish. Therefore, the earliest this transaction may be consummated is December 6, 2007, the effective date of the exemption (50 days after the exemption was filed). 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 November 29, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35090, 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 John D. Heffner, 1750 K Street, NW., Suite 350, Washington, DC 20006. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: October 26, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–21566 Filed 11–1–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Advisory Group to the Commissioner of Internal Revenue; Renewal of Charter Internal Revenue Service (IRS), Treasury. SUMMARY: The Charter for the Advisory Committee on Tax Exempt and Government Entities (ACT) has been renewed for a two-year period beginning July 13, 2007. FOR FURTHER INFORMATION CONTACT: Steven J. Pyrek, TE/GE Communications AGENCY: E:\FR\FM\02NON1.SGM 02NON1

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[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Notices]
[Page 62306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21566]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35090]


JP Rail, Inc.--Lease and Operation Exemption--NAT Industries, 
Inc.

    JP Rail, Inc. (JP Rail), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to lease from NAT 
Industries, Inc. (NAT) and to operate approximately 1 mile of track in 
Carroll Township, PA, known as the Donora Line (the Line), formerly 
operated by NAT as private industrial track. JP Rail states that it 
will hold itself out to provide common carrier rail freight service 
over the Line, and that it plans to serve customers originating traffic 
at JP Rail's Pleasantville, NJ facility and also to market its service 
to ``local'' customers. According to JP Rail, the traffic would 
comprise construction and demolition materials (C&D), which would be 
transported from Pleasantville by Norfolk Southern Railway Company to a 
connection with the Line at milepost ML40 in Carroll Township. JP Rail 
would then transport the C&D over the Line for subsequent transloading 
into trucks for movement to ``Westmoreland Waste's landfill,'' 
approximately 3 miles from Carroll Township. JP Rail states that this 
operation is intended to be temporary until a permanent rail unloading 
facility can be constructed on Westmoreland Waste's site and its 
landfill permit amended to allow for rail traffic. Finally, JP Rail 
asserts that the proposed transaction is exempt from environmental 
review under 49 CFR 1105.6(c)(2)(i) and from historic review under 49 
CFR 1105.8(b)(1).
    JP Rail 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 and will not exceed $5 million.
    Because of outstanding questions regarding the proposal, the Board, 
through the Director of the Office of Proceedings, in a decision served 
October 26, 2007, directed JP Rail to file supplemental information 
describing in more detail its anticipated operations and supporting its 
claim that environmental review is not warranted. The Board also 
directed JP Rail to serve a copy of its verified notice and the October 
26 decision on appropriate federal, state, and local entities and 
stated that the effective date of the exemption would be delayed until 
December 6, 2007, to allow time for those parties to participate, if 
they wish. Therefore, the earliest this transaction may be consummated 
is December 6, 2007, the effective date of the exemption (50 days after 
the exemption was filed).
    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 November 29, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35090, 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 John D. Heffner, 1750 K Street, NW., 
Suite 350, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: October 26, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-21566 Filed 11-1-07; 8:45 am]
BILLING CODE 4915-01-P