Rarus Railway Company-Abandonment Exemption-in Deer Lodge County, MT, 35201-35202 [E8-13962]

Download as PDF Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices accumulating 750,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Nils S. Thornberg Mr. Thornberg, 53, has a prosthetic left eye due to trauma sustained as a child. The visual acuity in his right eye is 20/15. Following an examination in 2008, his ophthalmologist noted, ‘‘In my opinion, Nils Thornberg has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Thornberg reported that he has driven tractor-trailer combinations for 35 years, accumulating 357,000 miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to obey a traffic control device. jlentini on PROD1PC65 with NOTICES Daniel W. Toppings Mr. Toppings, 45, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘I have personally examined the vision of Mr. Toppings and believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Toppings reported that he has driven tractor-trailer combinations for 17 years, accumulating 2.4 million miles. He holds a Class A CDL from West Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kenneth E. Valentine Mr. Valentine, 41, has loss of vision in his right eye due to a traumatic injury sustained at age 21. The visual acuity in his right eye is light perception and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘In my professional opinion, Kenneth Valentine has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Valentine reported that he has driven straight trucks for 19 years, accumulating 950,000 miles, and tractor-trailer combinations for 19 years, accumulating 2.4 million miles. He holds a Class A CDL from Mississippi. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Lewis H. West, Jr. Mr. West, 39, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in VerDate Aug<31>2005 16:53 Jun 19, 2008 Jkt 214001 the left, 20/50. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion, this patient has sufficient vision to perform the tasks to operate a commercial vehicle.’’ Mr. West reported that he has driven tractor-trailer combinations for 9 3⁄4 years, accumulating 126,750 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Christopher R. Whitson Mr. Whitson, 33, has an enucleation of the left eye due to a traumatic injury sustained as a child. The visual acuity in his right eye is 20/15. Following an examination in 2008, his ophthalmologist noted, ‘‘In my opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Whitson reported that he has driven straight trucks for 5 years, accumulating 37,500 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. 35201 convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business July 21, 2008. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: June 13, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–14003 Filed 6–19–08; 8:45 am] BILLING CODE 4910–EX–P Leon S. Willis Mr. Willis, 63, has retinal damage in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/15 and in the left, light perception. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion. Mr. Willis has sufficient vision to perform tasks required to safely operate a commercial vehicle.’’ Mr. Willis reported that he has driven tractor-trailer combinations for 35 years, accumulating 3.2 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV. He was following another vehicle too closely. George L. Young Mr. Young, 68, has complete loss of vision in his left eye due to optic nerve atrophy. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2008, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Young has sufficient vision to operate a commercial vehicle.’’ Mr. Young reported that he has driven straight trucks for 11⁄2 years, accumulating 54,000 miles, and tractortrailer combinations for 35 years, accumulating 3.3 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–260 (Sub–No. 2X)] Rarus Railway Company— Abandonment Exemption—in Deer Lodge County, MT Rarus Railway Company (Rarus) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon its Anaconda/West Valley Line, an approximately 4.7-mile line of railroad, extending between a point at Pennsylvania Avenue west of the West Anaconda Yard in Anaconda, MT, and a point at North Cable Road approximately 4.2 miles west of Anaconda, in Deer Lodge County, MT. The line traverses United States Postal Service Zip Code 59711. Rarus has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (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 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR E:\FR\FM\20JNN1.SGM 20JNN1 35202 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices jlentini on PROD1PC65 with NOTICES 1105.8 (historic report),1 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 this exemption, any employee adversely affected by the abandonment 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 22, 2008, unless stayed pending reconsideration.2 Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by June 30, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by July 10, 2008, 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 Rarus’ representative: James E. Howard, One Thompson Square, Suite 201, Charlestown, MA 02129. If the verified notice contains false or misleading information, the exemption is void ab initio. Rarus has filed environmental and historic correspondence pursuant to its discussions with SEA regarding submission of a preliminary draft environmental assessment. SEA will issue an environmental assessment (EA) by June 27, 2008. 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) 1 The Board’s Section of Environmental Analysis (SEA) has approved the request of Rarus to submit a preliminary draft environmental assessment in lieu of the environmental and historic reports required by 49 CFR 1105.7 and 49 CFR 1105.8. 2 The earliest this transaction may be consummated is July 22, 2008. Rarus confirmed this date by letter filed on June 5, 2008. 3 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by SEA in its independent investigation) cannot be made before the exemption’s 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 exemption’s effective date. 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). VerDate Aug<31>2005 16:53 Jun 19, 2008 Jkt 214001 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), Rarus 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 Rarus’ filing of a notice of consummation by June 20, 2009, 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: June 16, 2008. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–13962 Filed 6–19–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35128] The Port of Seattle—Acquisition Exemption—Certain Assets of BNSF Railway Company The Port of Seattle (the Port), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 1 to acquire from BNSF Railway Company (BNSF) approximately 14.45 miles of rail line (the Line), including right-ofway, track, and other property and physical assets, extending between approximately milepost 23.80 (north of Woodinville) and approximately milepost 38.25 (Snohomish), in King County and Snohomish County, WA.2 1 This notice was initially submitted on May 28, 2008, but was not docketed until June 4, 2008, when the filing fee was submitted. Because the notice could not be processed until the Board received the filing fee, June 4, 2008, is the official filing date. 2 The Port will also acquire from BNSF the rightof-way, track, and other property and physical assets between the southern endpoint of the Line at milepost 23.8 and milepost 23.45 together with the Redmond Spur, which connects with the Line at milepost 23.80 and extends between milepost 0.00 and milepost 7.30 in Redmond, WA. Pursuant to a separate agreement, BNSF will donate to the PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 The Port states that it will not operate the Line but is acquiring it to preserve the Line as a rail and transportation corridor. BNSF, according to the Port, will retain an exclusive, permanent easement to conduct freight operations on the Line. Simultaneously with the closing of the transaction, BNSF will convey the easement to a third party operator which will secure separate Board approval or an exemption to conduct freight common carrier service on the Line.3 Stating that it will not conduct any freight operations on the Line, the Port 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. The Port states that it plans to consummate the acquisition of the Line on or after September 30, 2008. The exemption is scheduled to become effective on July 4, 2008 (30 days after the exemption was deemed to have been 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 transaction. Petitions for stay will be due no later than June 27, 2007 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings referring to STB Finance Docket No. 35128 must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Kevin M. Sheys, 1601 K Street, NW., Washington, DC 2006. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: June 11, 2008. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–13806 Filed 6–19–08; 8:45 am] BILLING CODE 4915–01–P Port the right-of-way, track, and other property and physical assets of the line that extends between milepost 23.45 and milepost 5.00 in Renton, WA. BNSF will file for Board approval or an exemption to abandon these rights-of-way and track before selling/donating them to the Port. 3 In the same docket, the Port simultaneously filed a motion to dismiss its verified notice of exemption on jurisdictional grounds. That request will be considered in a separate Board decision. E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35201-35202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13962]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-260 (Sub-No. 2X)]


Rarus Railway Company--Abandonment Exemption--in Deer Lodge 
County, MT

    Rarus Railway Company (Rarus) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon its Anaconda/West 
Valley Line, an approximately 4.7-mile line of railroad, extending 
between a point at Pennsylvania Avenue west of the West Anaconda Yard 
in Anaconda, MT, and a point at North Cable Road approximately 4.2 
miles west of Anaconda, in Deer Lodge County, MT. The line traverses 
United States Postal Service Zip Code 59711.
    Rarus has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 2-year period; 
and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 
CFR

[[Page 35202]]

1105.8 (historic report),\1\ 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.
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    \1\ The Board's Section of Environmental Analysis (SEA) has 
approved the request of Rarus to submit a preliminary draft 
environmental assessment in lieu of the environmental and historic 
reports required by 49 CFR 1105.7 and 49 CFR 1105.8.
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    As a condition to this exemption, any employee adversely affected 
by the abandonment 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 22, 2008, unless stayed pending reconsideration.\2\ 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 30, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 10, 2008, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \2\ The earliest this transaction may be consummated is July 22, 
2008. Rarus confirmed this date by letter filed on June 5, 2008.
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by SEA in its 
independent investigation) cannot be made before the exemption's 
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 
exemption's effective date.
    \4\ 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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    A copy of any petition filed with the Board should be sent to 
Rarus' representative: James E. Howard, One Thompson Square, Suite 201, 
Charlestown, MA 02129.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Rarus has filed environmental and historic correspondence pursuant 
to its discussions with SEA regarding submission of a preliminary draft 
environmental assessment. SEA will issue an environmental assessment 
(EA) by June 27, 2008. 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), Rarus 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 Rarus' filing of a notice of 
consummation by June 20, 2009, 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: June 16, 2008.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-13962 Filed 6-19-08; 8:45 am]
BILLING CODE 4915-01-P