Union Pacific Railroad Company-Abandonment Exemption-in Shelby County, TN, 49240-49241 [E8-19056]

Download as PDF 49240 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices documents on the Internet at http:// www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: September 19, 2008. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8). Issued on: August 14, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8–19325 Filed 8–19–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1020X] East Penn Railroad, LLC— Abandonment Exemption—in Berks and Montgomery Counties, PA dwashington3 on PRODPC61 with NOTICES On July 31, 2008, East Penn Railroad, LLC (ESPN) filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon an 8.6-mile line of railroad extending from milepost 0.0 at Pottstown to milepost 8.6 at Boyertown, in Berks and Montgomery Counties, PA. The line traverses United States Postal Service Zip Codes 19464 and 19512.1 The line does not contain federally granted rights-of-way. Any documentation in ESPN’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding 1 ESPN’s then new owner, Regional Rail, LLC, a noncarrier, discovered that one of ESPN’s predecessors, Penn Eastern Rail Lines, Inc., had consummated the acquisition of the subject line in July 2003, but inadvertently failed to obtain prior Board approval for that acquisition. ESPN filed for and obtained such authority. See East Penn Railroad, LLC—Acquisition Exemption—Berks County, PA, STB Finance Docket No. 35089 (STB served Nov. 1, 2007). VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 pursuant to 49 U.S.C. 10502(b). A final decision will be issued by November 18, 2008. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25).2 All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than September 9, 2008. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB– 1020X, and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001; and (2) Karl Morell, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Replies to the petition are due on or before September 9, 2008. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. 2 Effective July 18, 2008, the filing fee for an OFA increased to $1,500. 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). PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 11, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–19035 Filed 8–19–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 258X)] Union Pacific Railroad Company— Abandonment Exemption—in Shelby County, TN Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 2.61-mile line of railroad known as the Memphis Subdivision, extending from milepost 387.0 to milepost 389.61 in Shelby County, TN. The line traverses United States Postal Service Zip Codes 38107 and 38108. UP 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; (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 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 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 September 19, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices dwashington3 on PRODPC61 with NOTICES 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 September 2, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 9, 2008, 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 UP’s representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by August 25, 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 August 20, 2009, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 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 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. 2 Effective July 18, 2008, the filing fee for an OFA increased to $1,500. 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). VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 11, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–19056 Filed 8–19–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35172] Iowa Northern Railway Company— Temporary Trackage Rights Exemption—Union Pacific Railroad Company Union Pacific Railroad Company (UP), pursuant to a written trackage rights agreement entered into between UP and Iowa Northern Railway Company (Iowa Northern), has agreed to grant Iowa Northern overhead temporary trackage rights between milepost 81.5 and milepost 86.0 on UP’s Cedar Rapids Industrial Lead in Cedar Rapids, IA, a distance of approximately 4.5 miles.1 The transaction may be consummated on or after September 4, 2008, and the temporary trackage rights are intended to expire on May 31, 2009.2 The purpose of the temporary trackage rights is to enable Iowa Northern to continue to provide interchange service between Iowa Northern and Cedar Rapids and Iowa City Railway (CIC), as a result of severe flooding and the resulting loss of CIC’s railroad bridge over the Cedar River in Cedar Rapids. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). Pursuant to the Consolidated Appropriations Act, 2008, Public Law 1 An amendment was filed on August 8, 2008, referencing the correct mileage in this proceeding as 4.5 miles (in lieu of 4.9 miles as originally filed). 2 Although applicant states that the parties propose consummating the transaction on August 31, 2008, no consummation may take place under Board rules until September 4, 2008—the effective date of the exemption. See 49 CFR 1180.4(g). PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 49241 No. 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing, or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. This notice is filed under 49 CFR 1180.2(d)(8). If it 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 August 28, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35172, 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 T. Scott Bannister, 305 Second Street Southeast, Suite 400, Cedar Rapids, IA 52401. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 12, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–19135 Filed 8–19–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision [AC–23: OTS Nos. 04433 and H4522] First Savings Financial Group, Inc., Clarksville, IN; Approval of Conversion Application Notice is hereby given that on August 12, 2008, the Office of Thrift Supervision approved the application of First Savings Bank, F.S.B., Clarksville, Indiana, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: 202–906– 5922 or e-mail Public.Info@OTS.Treaas.gov) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the OTS Central Regional Office, 1 South E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49240-49241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19056]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 258X)]


Union Pacific Railroad Company--Abandonment Exemption--in Shelby 
County, TN

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
2.61-mile line of railroad known as the Memphis Subdivision, extending 
from milepost 387.0 to milepost 389.61 in Shelby County, TN. The line 
traverses United States Postal Service Zip Codes 38107 and 38108.
    UP 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; (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 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 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 September 19, 2008, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental

[[Page 49241]]

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 September 2, 2008. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 9, 2008, with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001.
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    \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 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.
    \2\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. 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).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, 101 
North Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by August 25, 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 August 
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: August 11, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-19056 Filed 8-19-08; 8:45 am]
BILLING CODE 4915-01-P