Union Pacific Railroad Company-Abandonment Exemption-in Osborne and Rooks Counties, KS; Kyle Railroad Company-Discontinuance of Service Exemption-in Osborne and Rooks Counties, KS, 43821-43822 [E8-16872]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Notices confidential treatment pursuant to 49 CFR part 512. This notice addresses the timing of submission of requests for confidentiality of EWR claims data and production data for light vehicles. The agency’s EWR CBI rule did not resolve the confidentiality of those data. Instead, as noted above, this was left to individual requests for confidentiality, if manufacturers chose to submit them. And, if a manufacturer did not submit a request covering EWR claims data or, for light vehicles, production data, NHTSA was free to release those data submitted by the manufacturer. However, NHTSA issued an administrative stay of the release of the EWR claims data pending the resolution of the litigation and advised manufacturers not to submit requests for confidentiality while the stay was in effect. In view of the decision and judgment by the Court of Appeals, the stay is no longer operative. NHTSA is providing manufacturers a limited opportunity to request confidentiality for previously submitted EWR claims data (information on incidents involving death or injury or property damage claims) and, for light vehicles, production data. There are two general groups of EWR data at issue. The first is EWR claims data and light vehicle production data previously submitted to the agency pursuant to the EWR rule. NHTSA’s naming convention rules for the submission of electronic EWR quarterly reports require manufacturers to denominate their EWR submissions with a ‘‘C’’ in the Confidentiality Request Identifier to indicate that the manufacturer contends that the EWR claims data and/or light vehicle production data is confidential. However, the ‘‘C’’ in the file naming convention alone does not confer confidential treatment for EWR claims data and light vehicle production data. Manufacturers seeking confidential treatment for this information must submit a request pursuant to 49 CFR part 512 to the Chief Counsel of NHTSA by mail, express courier (e.g., Fed Ex, UPS, DHL), or hand delivery, which is due by August 27, 2008. A request for confidential treatment may be made even if an EWR report was submitted without the ‘‘C’’ designation. If a request for confidential treatment is not submitted by the above date, the agency will be free to disclose the data regardless if a ‘‘C’’ is included in the file name of the EWR report. The second group of EWR data at issue is EWR claims data and light vehicle production data submitted in the future. Consistent with 49 CFR part 512, manufacturers choosing to request VerDate Aug<31>2005 18:35 Jul 25, 2008 Jkt 214001 confidential treatment for such data are required to submit individual requests for confidential treatment to NHTSA’s Chief Counsel in connection with their electronic submissions of EWR quarterly reports. While quarterly EWR reports are submitted electronically and require a ‘‘C’’ in the file naming convention to indicate a request for confidential treatment, an individualized request under 49 CFR part 512 must also be sent by mail, express courier or hand delivery to the Chief Counsel of NHTSA. Issued on: July 23, 2008. Lloyd S. Guerci, Assistant Chief Counsel for Litigation and Enforcement. [FR Doc. E8–17237 Filed 7–25–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 269X)]; [STB Docket No. AB–486 (Sub-No. 4X)] Union Pacific Railroad Company— Abandonment Exemption—in Osborne and Rooks Counties, KS; Kyle Railroad Company—Discontinuance of Service Exemption—in Osborne and Rooks Counties, KS Union Pacific Railroad Company (UP) and Kyle Railroad Company (Kyle) (collectively, applicants) have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for UP to abandon, and for Kyle to discontinue service over, a 30.13-mile portion of a line of railroad known as the Solomon Branch Line, extending between west of Osborne, KS (milepost 550.5), and west of Stockton, KS, at the end of the line (milepost 580.63), in Osborne and Rooks Counties, KS.1 The line traverses United States Postal Service Zip Codes 67473, 67474, 67623, 67675, and 67669. Applicants have 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 Surface Transportation Board (Board) or with 1 Applicants originally filed their verified notice of exemption on July 8, 2008, but filed a supplement to their notice on July 11, 2008, certifying applicants’ compliance with the notice requirements of 49 CFR 1105.11. PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 43821 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 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 August 27, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 7, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 18, 2008,4 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’ representatives: (1) Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606; and (2) Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemptions are void ab initio. 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. The filing fee for an OFA increased from $1,300 to $1,500, effective July 18, 2008. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2008 Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 2008), which amends 49 CFR Part 1002 of the Code of Federal Regulations. 4 Applicants note, however, that they do not believe that the line of railroad is suitable for other public purposes. E:\FR\FM\28JYN1.SGM 28JYN1 43822 Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Notices Applicants have filed a joint combined 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 August 1, 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), UP 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 UP’s filing of a notice of consummation by July 28, 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: July 18, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–16872 Filed 7–25–08; 8:45 am] BILLING CODE 4915–01–P portion of a line of railroad known as the Lenora Branch Line, extending between milepost 540.3, west of Downs, KS, and milepost 552.7, west of Portis, KS, at the end of the line, in Osborne and Smith Counties.1 The line traverses United States Postal Service Zip Codes 67437, 67474, and 67638. Applicants have 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 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 1105.7 (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 August 27, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub–No. 270X); STB Docket No. AB–486 (Sub–No. 5X)] jlentini on PROD1PC65 with NOTICES Union Pacific Railroad Company— Abandonment Exemption—in Osborne and Smith Counties, KS; Kyle Railroad Company—Discontinuance of Service Exemption—in Osborne and Smith Counties, KS Union Pacific Railroad Company (UP) and Kyle Railroad Company (Kyle) (collectively, applicants) have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for UP to abandon, and for Kyle to discontinue service over, a 12.4-mile VerDate Aug<31>2005 18:35 Jul 25, 2008 Jkt 214001 1 Applicants originally filed their verified notice of exemption on July 8, 2008, but filed a supplement to their notice on July 11, 2008, certifying applicants’ compliance with the notice requirements of 49 CFR 1105.11. 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. The filing fee for an OFA increased from $1,300 to $1,500, effective July 18, 2008. See Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services—2008 Update, STB Ex Parte No. 542 (Sub–No. 15) (STB served June 18, 2008), which amends 49 CFR Part 1002 of the Code of Federal Regulations. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 7, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 18, 2008,4 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’ representatives: (1) Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606; and (2) Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a joint combined 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 August 1, 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), UP 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 UP’s filing of a notice of consummation by July 28, 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: July 21, 2008. 4 Applicants note, however, that they do not believe that the line of railroad is suitable for other public purposes. Applicants also state that, if the abandonment is authorized, they may reclassify 2.7 miles of the line between milepost 540.3 and milepost 543.0 as side track for storage and staging. E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Notices]
[Pages 43821-43822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16872]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 269X)]; [STB Docket No. AB-486 (Sub-No. 
4X)]


Union Pacific Railroad Company--Abandonment Exemption--in Osborne 
and Rooks Counties, KS; Kyle Railroad Company--Discontinuance of 
Service Exemption--in Osborne and Rooks Counties, KS

    Union Pacific Railroad Company (UP) and Kyle Railroad Company 
(Kyle) (collectively, applicants) have jointly filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service for UP to abandon, and for Kyle to 
discontinue service over, a 30.13-mile portion of a line of railroad 
known as the Solomon Branch Line, extending between west of Osborne, KS 
(milepost 550.5), and west of Stockton, KS, at the end of the line 
(milepost 580.63), in Osborne and Rooks Counties, KS.\1\ The line 
traverses United States Postal Service Zip Codes 67473, 67474, 67623, 
67675, and 67669.
---------------------------------------------------------------------------

    \1\ Applicants originally filed their verified notice of 
exemption on July 8, 2008, but filed a supplement to their notice on 
July 11, 2008, certifying applicants' compliance with the notice 
requirements of 49 CFR 1105.11.
---------------------------------------------------------------------------

    Applicants have 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 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 1105.7 (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 August 27, 2008, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
August 7, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 18, 2008,\4\ 
with: Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. The filing fee for an OFA increased from 
$1,300 to $1,500, effective July 18, 2008. See Regulations Governing 
Fees for Services Performed in Connection with Licensing and Related 
Services--2008 Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served 
June 18, 2008), which amends 49 CFR Part 1002 of the Code of Federal 
Regulations.
    \4\ Applicants note, however, that they do not believe that the 
line of railroad is suitable for other public purposes.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: (1) Mack H. Shumate, Jr., Senior General 
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606; and (2) Louis E. Gitomer, Esq., Law Offices of 
Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.

[[Page 43822]]

    Applicants have filed a joint combined 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 August 1, 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), UP 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 UP's filing of a notice of consummation by July 
28, 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: July 18, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-16872 Filed 7-25-08; 8:45 am]
BILLING CODE 4915-01-P