CSX Transportation, Inc.-Abandonment Exemption-in Niagara County, NY, 80510-80511 [E8-30921]
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80510
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
dedicated staff to ensure that this
oversight will not occur again.
The City states that it is attempting to
determine required modifications and
make the necessary modifications to the
crossing in question to continue the
existing locomotive horn sounding
restrictions. The City anticipates a cost
of $300,000 to $500,000, to make the
necessary upgrades in order to be in
compliance with FRA regulations.
The City states that it is currently
negotiating with the Norfolk Southern
Railway Company (NS) to garner its
support for the waiver. The City also
states that NS will notify FRA if it has
an objection. The City decided to file
the petition alone in order to expedite
the process, and that a joint submission
by the City and railroad is not likely to
significantly contribute to public safety.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2008–
0087) and may be submitted by any of
the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received within 30
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
VerDate Aug<31>2005
17:41 Dec 30, 2008
Jkt 217001
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Issued in Washington, DC, on December
23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E8–31180 Filed 12–30–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Reports, Forms and Recordkeeping
Requirements; Agency Information
Collection Activity Under OMB Review
Maritime Administration, DOT.
Notice and request for
comments.
AGENCY:
ACTION:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection abstracted below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The nature of the information
collection is described as well as its
expected burden. The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on September 23, 2008. No comments
were received.
DATES: Comments must be submitted on
or before January 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Ruth Develbis, Maritime
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: (202) 366–2314; or e-Mail:
ruth.develbis@dot.gov. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION: Maritime
Administration.
Title: Records Retention Schedule.
OMB Control No.: 2133–0501.
Type of Request: Extension of
currently approved collection.
Affective Public: United States
shipping companies receiving
government financial aid.
Forms: None.
Abstract: Section 801 of the Merchant
Marine Act, 1936, as amended (46
U.S.C. 53101, note), requires retention
of records pertaining to financial
assistance programs for ship
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construction and ship operations. These
records are required to be retained to
permit proper financial review of
pertinent records at the conclusion of a
contract when the contractor was
receiving government financial
assistance.
Dates: Comments should be submitted
on or before March 2, 2009.
Annual Estimated Burden Hours: 50
hours.
ADDRESSES: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention:
Maritime Administration Desk Officer.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect, if OMB receives it
within 30 days of publication.
Dated: December 19, 2008.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E8–31061 Filed 12–30–08; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–55 (Sub-No. 692X)]
CSX Transportation, Inc.—
Abandonment Exemption—in Niagara
County, NY
CSX Transportation, Inc. (CSXT) has
filed a notice of exemption under 49
CFR 1152 Subpart F—Exempt
Abandonments to abandon a 1.06-mile
line of railroad, known as the Wurlitzer
Industrial Track, on CSXT’s Northern
Region, Albany Division, Niagara
Subdivision, extending from milepost
QDJ 0.94 to the end of track at milepost
QDJ 2.0, in North Tonawanda, Niagara
County, NY. The line traverses United
States Postal Service Zip Code 14120.
CSXT 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
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31DEN1
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
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 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 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 January
31, 2009, 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 January
12, 2009. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by January 21,
2009, 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 CSXT’s
representative: Kathryn R. Barney, 500
Water Street, J–150, Jacksonville, FL
32202.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
CSXT has filed environmental and
historic reports which address the
effects, if any, of the abandonment on
the environment and historic resources.
SEA will issue an environmental
assessment (EA) by January 6, 2009.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 1100,
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 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
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17:41 Dec 30, 2008
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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), CSXT 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
CSXT’s filing of a notice of
consummation by December 31, 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 https://
www.stb.dot.gov.
Decided: December 22, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8–30921 Filed 12–30–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC F–21031]
National Express Corporation—IntraCorporate Family Transaction
Exemption
National Express Corporation (NEC), a
noncarrier, has filed a verified notice of
exemption under the Board’s class
exemption procedures at 49 CFR
1182.9.1 NEC seeks to implement the
restructuring as part of an overall
consolidation of its corporate structure
in order to achieve organizational and
operational efficiencies and related cost
reductions.
Under the transaction, NEC, a
Delaware corporation, intends to
reorganize its corporate structure by
1 The Board exempted intra-corporate family
transactions of motor carriers of passengers that do
not result in significant operational changes,
adverse changes in service levels, or a change in the
competitive balance with carriers outside the
corporate family in Class Exemption for Motor
Passenger Intra-Corporate Family Transactions,
STB Finance Docket No. 33685 (STB served Feb. 18,
2000.)
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80511
consolidating certain directly and
indirectly controlled subsidiaries into a
single Delaware limited partnership,
Durham School Services, L.P. (DSSLP),
a motor passenger carrier. NEC states
that it will retain its ultimate ownership
and control of DSSLP because it is the
sole member of Durham Holding II,
L.L.C. and Durham Holding I, L.L.C.,
respectively, the general partner and
limited partner of DSSLP, both
noncarriers. The directly and indirectly
controlled subsidiaries will provide
exempt school bus services pursuant to
49 U.S.C. 13506(a)(1) and limited
charter passenger carrier services to the
public.
According to NEC, restructuring will
involve two stages: (1) Polli Leasing,
Inc. will be merged into Reliance Motor
Coach Company, Inc., and Murphy Bus
Service, Inc. will be merged into
Murphy Transportation, Inc.; and (2)
Jones School Bus Service, Inc., Reliance
Motor Coach Company, Inc., Double A.
Transportation, Inc., and Murphy
Transportation, Inc. will be merged into
DSSLP. NEC states that, after the
restructuring, DSSLP will continue to
exist while the other directly and
indirectly controlled subsidiaries will
cease to exist.
The transaction is scheduled to be
consummated on or about December 31,
2008, or at least 7 days after the filing
date of this notice.
This is a transaction within a
corporate family of the type specifically
exempted from prior review and
approval under 49 CFR 1182.9. NEC
states that the transaction will not result
in adverse changes in service levels,
significant operational changes, or a
change in the competitive balance with
carriers outside the corporate family.
Applicant further states that (1) it will
accomplish the reorganization through
an Agreement and Plan of Merger
entered into by and between the affected
entities, and (2) there will be no
material effect on employees of the
companies involved in the
restructuring.
If the verified notice contains false or
misleading information, the Board shall
summarily revoke the exemption and
require divestiture. Petitions to revoke
the exemption under 49 U.S.C. 13541(d)
may be filed at any time. See 49 CFR
1182.9(c).
An original and 10 copies of all
pleadings, referring to STB Docket No.
MCF–21031, must be filed with the
Surface Transportation Board, 395 F
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Thomas W.
Wilcox, 401 9th St., NW., Suite 1000,
Washington, DC 20004.
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31DEN1
Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80510-80511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30921]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 692X)]
CSX Transportation, Inc.--Abandonment Exemption--in Niagara
County, NY
CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.06-mile
line of railroad, known as the Wurlitzer Industrial Track, on CSXT's
Northern Region, Albany Division, Niagara Subdivision, extending from
milepost QDJ 0.94 to the end of track at milepost QDJ 2.0, in North
Tonawanda, Niagara County, NY. The line traverses United States Postal
Service Zip Code 14120.
CSXT 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
[[Page 80511]]
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 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 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 January 31, 2009, 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
January 12, 2009. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by January 21, 2009, with
the 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 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\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
CSXT's representative: Kathryn R. Barney, 500 Water Street, J-150,
Jacksonville, FL 32202.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CSXT has filed environmental and historic reports which address the
effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by January
6, 2009. 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), CSXT 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 CSXT's filing of a notice of
consummation by December 31, 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: December 22, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8-30921 Filed 12-30-08; 8:45 am]
BILLING CODE 4915-01-P