Portland Terminal Company-Abandonment Exemption-in Cumberland County, ME; and Springfield Terminal Railway Company-Discontinuance of Service Exemption-in Cumberland County, ME, 64703-64704 [E7-22153]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices
exceed $5 million, MMID is required, at
least 60 days before an exemption is to
become effective, to send notice of the
transaction to the national and local
offices of the labor unions with
employees on the affected lines and post
a copy of the notice at the workplace of
the employees on the affected lines and
certify to the Board that it has done so.
49 CFR 1150.42(e). MMID attached to its
October 22, 2007 submission of the
notice of exemption a certification of
posting of the labor notice, which states
that the requisite labor notice was
posted at the workplace of those
affected MMID employees on October
22, 2007. MMID notes that those
employees are not represented by
national labor unions and therefore no
notice has been provided to such
unions.
MMID has requested a waiver of the
requirement in 49 CFR 1150.42(e),
asking that this notice become effective
30 days after it has been filed, rather
than the requisite 60 days. MMID argues
for the waiver, stating that it has been
operating the two active lines for 15
years and will continue to be the
operator of these lines, and because the
inactive line has had no traffic for
several years, there are no affected
employees on this line. The waiver
request will be addressed by the Board
in a separate decision in this
proceeding.
As a result, the earliest this
transaction will be considered to be
consummated will be either 60 days
after MMID’s October 22 certification
that it has satisfied the requirements of
section 1150.42(e) or any earlier date
established by the Board if the Board
grants the requested waiver.
If the 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 7 days before the exemption
becomes effective.2
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35099, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on R.W. Smith,
Jr., DLA Piper U.S. LLP, 6225 Smith
Avenue, Baltimore, MD 21209.
2 In the absence of a waiver granted by the Board,
the earliest the exemption could become effective
would be December 21, 2007 (60 days after MMID
has certified that it has satisfied the requirements
of section 1150.42(e)).
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21:48 Nov 15, 2007
Jkt 214001
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: November 13, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22436 Filed 11–15–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–721X]
Everett Railroad Company—
Discontinuance of Service
Exemption—in Blair County, PA
Everett Railroad Company (ERC), a
Class III rail carrier, has filed a verified
notice of exemption under 49 CFR 1152
Subpart F—Exempt Abandonments and
Discontinuances of Service to
discontinue service over a 1.5-mile line
of railroad between milepost 22.5 (at
approximately 0.5 miles south of the
line’s crossing of Cross Cove Road) and
milepost 24.0 (at the current end of
track immediately east of the line’s atgrade crossing of Pennsylvania State
Highway 866), in Blair County, PA. The
line traverses United States Postal
Service Zip Code 16662.
ERC 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 that has been, or
would need 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 (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
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
64703
December 18, 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),1 must be
filed by November 26, 2007.2 Petitions
to reopen must be filed by December 6,
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 ERC’s
representative: Robert A. Wimbish,
Baker & Miller PLLC, 2401 Pennsylvania
Avenue, NW., Suite 300, Washington,
DC 20037.
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: November 9, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22430 Filed 11–15–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–268 (Sub-No. 16X) and
STB Docket No. AB–355 (Sub-No. 34X)]
Portland Terminal Company—
Abandonment Exemption—in
Cumberland County, ME; and
Springfield Terminal Railway
Company—Discontinuance of Service
Exemption—in Cumberland County,
ME
Portland Terminal Company (PT) and
Springfield Terminal Railway Company
(ST) (collectively, applicants) have
jointly filed a notice of exemption under
49 CFR 1152 Subpart F—Exempt
Abandonments and Discontinuances of
Service for PT to abandon, and for ST
to discontinue service over,
approximately 1.3 miles of railroad
known as the Mountain Branch in
Westbrook, ME, extending from
milepost 6.0 to milepost 7.3 in
Cumberland County, ME. The line
traverses United States Postal Service
1 Each OFA must be accompanied by the filing
fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25).
2 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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64704
Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices
Zip Code 04092, and includes no
stations.
PT and ST have 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; (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 (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 of 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic report), 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 these exemptions,
any employee adversely affected by the
abandonment or discontinuance 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,
these exemptions will be effective on
December 18, 2007, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues,1 formal expressions of intent to
file an OFA under 49 CFR
1152.27(c)(2),2 and trail use/rail banking
requests under 49 CFR 1152.29 must be
filed by November 26, 2007. Petitions to
reopen or requests for public use
conditions under 49 CFR 1152.28 must
be filed by December 6, 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 applicants’
representative: Michael Q. Geary, Iron
Horse Park, North Billerica, MA 01862.
If the verified notice contains false or
misleading information, the exemptions
are void ab initio.
mstockstill on PROD1PC66 with NOTICES
1 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
exemptions’ 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 exemptions’ effective date.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25).
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21:48 Nov 15, 2007
Jkt 214001
PT and ST have filed an
environmental and historic report
which addresses the effects, if any, of
the abandonment and discontinuance
on the environment and historic
resources. SEA will issue an
environmental assessment (EA) by
November 23, 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), PT 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
PT’s filing of a notice of consummation
by November 16, 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 https://
www.stb.dot.gov.
Decided: November 7, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–22153 Filed 11–15–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–435 (Sub-No. 2X)]
Willamette Valley Railway Company—
Discontinuance of Service
Exemption—in Linn County, OR
Willamette Valley Railway Company
(WVR) has filed a verified notice of
exemption under 49 CFR 1152 Subpart
F—Exempt Abandonments and
Discontinuances of Service to
discontinue service over an
approximately 48.77-mile line of
railroad known as the Mill City Branch
owned by Union Pacific Railroad
Company (UP) extending from: (1)
Milepost 689.64 at or near Page, OR, to
a mileage equation at milepost 697.37,
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
equivalent to milepost 684.67, thence to
milepost 690.97 at or near Lebanon, OR;
and (2) milepost 690.97 at or near
Lebanon to the end of the track at
milepost 725.71 at or near Mill City, OR,
in Linn County, OR.1 The line traverses
United States Postal Service Zip Codes
97321, 97322, 97355, and 97360.
WVR has certified that: (1) No traffic
has moved over the line for at least 2
years; (2) there is no overhead traffic on
the line; (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 2year 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
December 18, 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),2 must be
filed by November 26, 2007.3 Petitions
to reopen must be filed by December 6,
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 WVR’s
representative: Thomas F. McFarland,
1 In February 1993, WVR leased the Mill City
Branch and other rail lines in Oregon from UP’s
predecessor, Southern Pacific Transportation
Company. WVR operated the Mill City Branch until
October 2000, when the lease was amended to
include Albany & Eastern Railroad Company
(AERC) as a joint lessee with WVR. Since October
2000, the Mill City Branch has been operated
exclusively by AERC; WVR operates the other rail
lines in Oregon on an exclusive basis.
2 Each offer of financial assistance must be
accompanied by the filing fee, which currently is
set at $1,300. See 49 CFR 1002.2(f)(25).
3 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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]]>Agencies
[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64703-64704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22153]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-268 (Sub-No. 16X) and STB Docket No. AB-355 (Sub-No.
34X)]
Portland Terminal Company--Abandonment Exemption--in Cumberland
County, ME; and Springfield Terminal Railway Company--Discontinuance of
Service Exemption--in Cumberland County, ME
Portland Terminal Company (PT) and Springfield Terminal Railway
Company (ST) (collectively, applicants) have jointly filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service for PT to abandon, and for ST to discontinue
service over, approximately 1.3 miles of railroad known as the Mountain
Branch in Westbrook, ME, extending from milepost 6.0 to milepost 7.3 in
Cumberland County, ME. The line traverses United States Postal Service
[[Page 64704]]
Zip Code 04092, and includes no stations.
PT and ST have 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; (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 (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 of 49 CFR 1105.7 (environmental
report), 49 CFR 1105.8 (historic report), 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 these exemptions, any employee adversely affected
by the abandonment or discontinuance 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, these exemptions will be
effective on December 18, 2007, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
November 26, 2007. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 6, 2007,
with: Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
---------------------------------------------------------------------------
\1\ 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 exemptions' effective date.
See Exemption of Out-of-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 exemptions'
effective date.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicants' representative: Michael Q. Geary, Iron Horse Park, North
Billerica, MA 01862.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
PT and ST have filed an environmental and historic report which
addresses the effects, if any, of the abandonment and discontinuance on
the environment and historic resources. SEA will issue an environmental
assessment (EA) by November 23, 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), PT 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 PT's filing of a notice of consummation by
November 16, 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 http:/
/www.stb.dot.gov.
Decided: November 7, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22153 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P
