Steven C. May-Continuance in Control Exemption-Lehigh Railway, LLC, 67571-67572 [E8-27042]

Download as PDF Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Notices jlentini on PROD1PC65 with NOTICES Website, under the technical assistance section [https://www.unitedweride.gov.] Training Available Training is also available to support the program goals. 1. Transportation Solutions: Linking People with Their Community Training: A new training on community-level mobility management activities has been developed by the Community Transportation Association of America and Easter Seals. This 1-day in-person training teaches an individual to become a Certified Transportation Resources Coordinator (TRC) within his or her community. During the course, the TRC will learn about: • Strategies and templates for gathering information on all available community transportation services. • Transportation funding sources and programs. • How to keep the gathered information updated. • How to develop an individualized transportation plan. • Support services that assist people in using available transportation options. • Steps to take to impact their community’s efforts to improve transportation options. The TRC would then serve as a resource person for direct-service providers on potential transportation solutions within his or her agency or community, depending on the size of the service area. The TRC would also conduct a four-hour training course for interested direct-service providers in local human service agencies, workforce development agencies, and other groups on the resources specific to that community. The TRC will receive instruction and a written manual on how to implement the four-hour training when they attend the initial day-long training. The TRC training also provides three new tools for participants: the Individualized Transportation Plan, the Transportation Provider Profile, and the Report of Unmet Transportation Needs. Initial development of this training was made possible with support of the Office of Disability Employment Policy, U.S. Department of Labor. The training will be available beginning January 1, 2009. For more information, contact Len Cahill, Training Coordinator, Community Transportation Association of America, 202.415.9653 or 800.891.0590 x705, cahill@ctaa.org. 2. Coordinated Mobility: Unified Transportation Management Solution Training: The National Transit Institute (NTI) administered by Rutgers State VerDate Aug<31>2005 16:29 Nov 13, 2008 Jkt 217001 University of New Jersey offers a twoday course on creative mobility management approaches for transforming fragmented transportation systems to a more seamless network with a customer-focused mindset. Objectives and Course Content: • Identify ways to forge partnerships with community players to coordinate multimodal transportation options around the needs of the customer. • Develop an understanding of the customer travel needs of today. • Create awareness of the opportunities. • Present elements of mobility management and planning techniques. • Identify and promote the benefits of mobility management for communities. • Identify funding resources. Audience and Fees: Human Service Professionals, Transit Providers, Brokerage Firms Personnel, State Agency Staff, transit managers for all of the different services, Metropolitan Planning Organization’s (MPO), Transportation Management Association’s (TMA’s), Councils of Governments, Policy Makers are encouraged to register for this course. Tuition shall be waived for Federal, State and local government employees (including tribal employees) who work in transportation or related areas. Fee for contractors and consultants: $300.00.1.6 CEU credits are offered. For more information, contact msirleaf@nti.rutgers.edu or call (732) 932–1700. 3. Introduction to Travel Training: This is a three-day course sponsored by Easter Seals Project ACTION. Delivered by Veteran Travel Trainers, this course will provide information on Travel Training Assessment Processes, Trip Planning, The Built and Natural Environment, Designing Travel Instruction Plans, Teaching Street Crossings, Teaching Boarding, Riding, Deboarding Vehicles and Understanding Vehicle Features, Preparing for Unforeseen Incidents and Emergencies. This in-person learning event is delivered in both a classroom and field setting. Four courses will be offered during the fiscal year and information will be available beginning in October 2008. For more information, contact Kristi Ross, Easter Seals Project ACTION, 800.659.6428, kross@easterseals.com. Issued on: November 4, 2008. James S. Simpson, Administrator, Federal Transit Administration. [FR Doc. E8–27124 Filed 11–13–08; 8:45 am] BILLING CODE 4910–57–P PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 67571 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35193] Steven C. May—Continuance in Control Exemption—Lehigh Railway, LLC Steven C. May (May), a noncarrier, has filed a verified notice of exemption to continue in control of Lehigh Railway, LLC. (LRWY), upon LRWY’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35192, Lehigh Railway, LLC.—Lease and Operation Exemption—Norfolk Southern Railway Company. In that proceeding, LRWY seeks an exemption under 49 CFR 1150.31 to lease from Norfolk Southern Railway Company (NSR) and to operate approximately 56.0 miles of rail line, including any sidings, sidetracks, yards or facilities presently owned by NSR that are accessed via the line, between specified points in Pennsylvania. In addition, LRWY shall have operating rights to certain designated track north of milepost IS 269.5 extending into Sayre, PA, solely for interchange with NSR. The parties intend to consummate the transaction soon after the November 29, 2008, effective date of the exemption. May either directly or indirectly controls two Class III rail carriers: Luzerne and Susquehanna Railway Company (LS); and the Owego & Harford Railway, Inc. (OHRY). May represents that: (1) The rail lines to be leased and operated by LRWY do not connect with the rail lines of any existing carrier owned or operated by May; (2) this continuance in control is not part of a series of anticipated transactions that would result in such a connection; and (3) this control transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the E:\FR\FM\14NON1.SGM 14NON1 67572 Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Notices 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 effectiveness of the exemption. Stay petitions must be filed no later than November 21, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35193, 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 Janie Sheng, K&L Gates LLP, 1601 K Street, NW., Washington, DC 20006. Board decisions and notices are available on our Web site at http: // www.stb.dot.gov. Decided: November 7, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–27042 Filed 11–13–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35147] Norfolk Southern Railway Company, Pan Am Railways Inc., et al.—Joint Control and Operating/Pooling Agreements—Pan Am Southern LLC Surface Transportation Board. Notice of Availability of Environmental Assessment and request for Public Review and Comment. AGENCIES: jlentini on PROD1PC65 with NOTICES ACTION: SUMMARY: On May 30, 2008, Norfolk Southern Railway Company (Norfolk Southern), Pan Am Railways, Inc. (PARI), Boston and Maine Corporation (B&M) and Springfield terminal Railway company (Springfield Terminal) (collectively, Applicants) filed a petition with the Surface Transportation Board (Board) seeking Board approval under 49 U.S.C. 11322 and 11323 of (1) the acquisition by Norfolk Southern and B&M of joint control and ownership of Pan Am Southern, LLC (PAS), a new rail carrier to be formed; and (2) the agreements by which Springfield Terminal would operate the lines of PAS and establish rates for PAS. The agreements for which approval and authorization are being sought by the application and the related filings will be referred to collectively as the Transaction. The Board, through its Section of Environmental Analysis (SEA), is the lead agency responsible for VerDate Aug<31>2005 16:29 Nov 13, 2008 Jkt 217001 the preparation of the Environmental Assessment (EA). If the Transaction is approved, PAS would own or operate over (through trackage rights) approximately 437 miles of existing rail lines (referred to in the application as the PAS Lines), comprised of approximately 238.4 miles of existing rail lines to be owned by PAS and approximately 198.4 miles of existing track over which PAS would have trackage rights. Norfolk Southern would contribute capital to PAS which would go into improving infrastructure by creating a new intermodal and automotive facility in Mechanicville, NY (the Mechanicville Facility), creating a new automotive facility in Ayer, MA (San Vel Automotive Facility), making minor improvements at an existing intermodal facility at Ayer (Ayer Intermodal), and enhancing other infrastructure along the existing eastwest main line. The Transaction also includes acquisition and/or operation by PAS of six other existing rail yards in addition to the three facilities at which some construction would occur. The Transaction does not contemplate any yard improvements or changes in activity at any of these six rail yards. Based on the information provided from all sources to date and its independent analysis, SEA preliminarily concludes that construction and operation of the two proposed new rail facilities and improvements to an existing rail facility and existing rail lines would not have significant environmental impacts if the Board imposes and Applicants implement the recommended mitigation measures set forth in the EA. Copies of the EA have been served on all interested parties and will be made available to additional parties upon request. The entire EA is also available for review on the Board’s Web site (https://www.stb.dot.gov) by going to ‘‘ELIBRARY,’’ clicking on the ‘‘Decisions and Notices’’ link, and then searching by the Service Date (November 14, 2008) or Docket Number (FD 35147). SEA will consider all comments received in making its final recommendations to the Board. The Board will then consider SEA’s final recommendations and the complete environmental record in making its final decision in this proceeding. FOR FURTHER INFORMATION CONTACT: Kenneth Blodgett, Project Manager, at (202) 245–0305; e-mail: blodgettk@stb.dot.gov. Federal Information Relay Service for the hearing impaired: 1–800–877–8339. DATES: The EA is available for public review and comment. All comments PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 must be submitted or post-marked by December 15, 2008. ADDRESSES: Send written comments (an original and one copy) to Surface Transportation Board, Case Control Unit, 395 E Street, SW., Washington, DC 20423, to the attention of Kenneth Blodgett. Environmental comments may also be filed electronically on the Board’s Web site, https:// www.stb.dot.gov, by clicking on the ‘‘EFILING’’ link. Please refer to Finance Docket No. 35147 (FD 35147) in all correspondence, including e-filings, addressed to the Board. Decided: November 14, 2008. By the Board, Victoria Rutson, Chief, Section of Environmental Analysis. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E8–27073 Filed 11–13–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35192] Lehigh Railway, LLC.—Lease and Operation Exemption—Norfolk Southern Railway Company Lehigh Railway, LLC. (LRWY), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Norfolk Southern Railway Company (NSR) and operate approximately 56.0 miles of NSR’s rail line (the Line), extending between approximately milepost IS 269.5, at Athens, PA, and approximately milepost IS 213.5, at Mehoopany, PA, in Bradford and Wyoming counties, PA.1 The line also includes any sidings, sidetracks, yards or facilities presently owned by NSR that are accessed via the line. NSR will also grant LRWY operating rights to certain designated track north of milepost IS 269.5 extending into Sayre, PA, solely for interchange with NSR.2 This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35193, Steven C. May—Continuance in Control Exemption—Lehigh Railway, 1 The line does not connect with the Southern Tier, owned and operated by NSR. 2 The line does not include properties south of milepost IS 213.5 which have been leased by NSR to the Reading, Blue Mountain, and Northern Railroad and to Proctor and Gamble Corporation at Mehoopany since 2001. If these properties revert back to the control of NSR during the term of the lease, NSR may, at its option, and subject to the approval of the Surface Transportation Board, if required, elect to assign the property or properties at Mehoopany to the lease. E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67571-67572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27042]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35193]


Steven C. May--Continuance in Control Exemption--Lehigh Railway, 
LLC

    Steven C. May (May), a noncarrier, has filed a verified notice of 
exemption to continue in control of Lehigh Railway, LLC. (LRWY), upon 
LRWY's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35192, Lehigh Railway, LLC.--
Lease and Operation Exemption--Norfolk Southern Railway Company. In 
that proceeding, LRWY seeks an exemption under 49 CFR 1150.31 to lease 
from Norfolk Southern Railway Company (NSR) and to operate 
approximately 56.0 miles of rail line, including any sidings, 
sidetracks, yards or facilities presently owned by NSR that are 
accessed via the line, between specified points in Pennsylvania. In 
addition, LRWY shall have operating rights to certain designated track 
north of milepost IS 269.5 extending into Sayre, PA, solely for 
interchange with NSR.
    The parties intend to consummate the transaction soon after the 
November 29, 2008, effective date of the exemption.
    May either directly or indirectly controls two Class III rail 
carriers: Luzerne and Susquehanna Railway Company (LS); and the Owego & 
Harford Railway, Inc. (OHRY).
    May represents that: (1) The rail lines to be leased and operated 
by LRWY do not connect with the rail lines of any existing carrier 
owned or operated by May; (2) this continuance in control is not part 
of a series of anticipated transactions that would result in such a 
connection; and (3) this control transaction does not involve a Class I 
rail carrier. Therefore, the transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the

[[Page 67572]]

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 effectiveness 
of the exemption. Stay petitions must be filed no later than November 
21, 2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35193, 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 Janie Sheng, K&L Gates LLP, 
1601 K Street, NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at http: 
//www.stb.dot.gov.

    Decided: November 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-27042 Filed 11-13-08; 8:45 am]
BILLING CODE 4915-01-P

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