Bellingham International Railroad, LLC-Abandonment Exemption-in Whatcom County, WA, 847-848 [E9-107]

Download as PDF Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices available via the Internet at http:// www.flyfaa.gov/ecvrs. 4. Three (3) reservations are available per hour for unscheduled operations at LaGuardia. The ARO will assign reservations on a 30-minute basis. 5. The ARO receives and processes all reservation requests. Reservations are assigned on a ‘‘first-come, first-served’’ basis, determined as of the time that the ARO receives the request. A cancellation of any reservation that will not be used as assigned would be required. 6. Filing a request for a reservation does not constitute the filing of an instrument flight rules (IFR) flight plan, as separately required by regulation. After the reservation is obtained, an IFR flight plan can be filed. The IFR flight plan must include the reservation number in the ‘‘remarks’’ section. 7. Air Traffic Control will accommodate declared emergencies without regard to reservations. Nonemergency flights in direct support of national security, law enforcement, military aircraft operations, or public use aircraft operations will be accommodated above the reservation limits with the prior approval of the Vice President, System Operations Services, Air Traffic Organization. Procedures for obtaining the appropriate reservation for such flights are available via the Internet at http:// www.fly.faa.gov/ecvrs. 8. Notwithstanding the limits in paragraph 4, if the Air Traffic Organization determines that air traffic control, weather, and capacity conditions are favorable and significant delay is not likely, the FAA can accommodate additional reservations over a specific period. Unused operating authorizations can also be temporarily made available for unscheduled operations. Reservations for additional operations are obtained through the ARO. 9. Reservations cannot be bought, sold, or leased. Issued in Washington, DC on December 31, 2008. Rebecca B. MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. E8–31462 Filed 1–7–09; 8:45 am] erowe on PROD1PC63 with NOTICES BILLING CODE 4910–13–M VerDate Nov<24>2008 13:57 Jan 07, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Request To Release Airport Property at Monroe Regional Airport, Monroe, LA AGENCY: Federal Aviation Administration (FAA) DOT. ACTION: Request for Public Comment. SUMMARY: The FAA proposes to rule and invites public comment on the release of land at Monroe Regional Airport under the provisions of Title 49, U.S.C. Section 47153(c). DATES: Comments must be received on or before February 9, 2009. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. Lacey D. Spriggs, Manager, Federal Aviation Administration, Southwest Region, Airports Division, LA/NM Airports Development Office, ASW– 640, Fort Worth, Texas 76193–0640. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mayor James F. Mayo at the following address: Office of the Mayor, P.O. Box 123, Monroe, LA 71210. FOR FURTHER INFORMATION CONTACT: Lacey D. Spriggs, Manager, Federal Aviation Administration, LA/NM Airports Development Office, ASW– 640, 2601 Meacham Blvd., Fort Worth, Texas 76193–0640. The request to release property may be reviewed in person at this same location. The FAA invites public comment on the request to release property at the Monroe Regional Airport. On December 22, 2008, the FAA determined that the request to release property at Monroe Regional Airport submitted by the City of Monroe met the procedural requirements of the Federal Aviation Regulations, Part 155. The FAA may approve the request, in whole or in part, no later than February 2, 2009. The following is a brief overview of the request: The City of Monroe, Louisiana requests the release of 5.00 acres of airport property. The release of property will allow for construction of a new facility for office space and warehouse for Stephan Manufacturing, LLC to proceed. The sale is estimated to provide $106,563.00 whereas the proceeds will be used to continue the Bermuda Release Program and used to upgrade and expand the security camera SUPPLEMENTARY INFORMATION: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 847 system at the Passenger Terminal Building. Any person may inspect the request in person at the FAP office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the Monroe Regional Airport, Monroe, Louisiana. Issued in Fort Worth, Texas on December 23, 2008. Kelvin L. Solco, Manager, Airports Division. [FR Doc. E8–31463 Filed 1–7–09; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1026X] Bellingham International Railroad, LLC—Abandonment Exemption—in Whatcom County, WA Bellingham International Railroad, LLC (BIR), has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 2-mile line of railroad between milepost 2.98 and milepost 4.98 in Bellingham, Whatcom County, WA.1 The line traverses United States Postal Service Zip Code 98225 and includes no stations. BIR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years; 2 (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. 1 In 1998, BIR acquired the exclusive rail service easement over the line and all track, track materials, and related structures. See Bellingham International Railroad LLC—Acquisition and Operation Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 33635 (STB served Aug. 4, 1998). 2 According to BIR, the line is stub-ended and not capable of handling overhead traffic. E:\FR\FM\08JAN1.SGM 08JAN1 848 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices erowe on PROD1PC63 with NOTICES Where, as here, BIR is abandoning all of its rail lines, the Board does not normally impose labor protection under 49 U.S.C. 10502(g), unless the evidence indicates the existence of: (1) A corporate affiliate that will continue substantially similar rail operations; or (2) a corporate parent that will realize substantial financial benefits over and above relief from the burden of deficit operations by its subsidiary railroad. See Wellsville, Addison & Galeton R. Corp.—Abandonment, 354 I.C.C. 744 (1978); and Northampton and Bath R. Co.—Abandonment, 354 I.C.C. 784 (1978). Because BRI does not appear to have a corporate affiliate or parent that will continue similar operations or that could benefit from the proposed abandonment, employee protective conditions will not be imposed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 7, 2009, unless stayed pending reconsideration. 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 January 21, 2009. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 28, 2009,5 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 BIR’s representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. BIR has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental 3 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. 4 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). 5 BIR states that the property underlying the line’s right-of-way may be reversionary, which may affect the transfer of the property for other than rail or rail-banking purposes. VerDate Nov<24>2008 13:57 Jan 07, 2009 Jkt 217001 assessment (EA) by January 13, 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), BIR 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 BIR’s filing of a notice of consummation by January 8, 2010, 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: January 2, 2009. By the Board, David M. Konschnik, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–107 Filed 1–7–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 30-Day Notice and Request for Comments AGENCY: Surface Transportation Board, DOT. ACTION: 30-day notice and request for comments. SUMMARY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval without change of the seven existing collections described below. Comments are requested concerning each collection as to (1) whether the particular collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 utility; (2) the accuracy of the Board’s burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. DATES: Written comments are due on February 9, 2009. ADDRESSES: Written comments should be identified as ‘‘Paperwork Reduction Act Comments, Surface Transportation Board,’’ and should refer to the title of the specific collection(s) commented upon. These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Chandana Achanta, Surface Transportation Board Desk Officer, by fax at (202) 395–6974; by mail at Room 10235, 725 17th Street, NW., Washington, DC 20503; or at Chandana_L._Achanta@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s) contact Scott Decker at (202) 245–0330 or deckers@stb.dot.gov. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339.] Subjects: In this notice the Board is requesting that comments be sent to OMB on the following information collections: Collection Number 1 Title: Class I Railroad Annual Report. OMB Control Number: 2140–0009. Form Number: R1. Type of Review: Extension without change. Respondents: Class I railroads. Number of Respondents: Fewer than 10. Estimated Time per Response: As long as 800 hours, based on information provided by the railroad industry during the 1990s. This estimate includes time spent reviewing instructions; searching existing data sources; gathering and maintaining the data needed; completing and reviewing the collection of information; and converting the data from the carrier’s individual accounting system to the Board’s Uniform System of Accounts (USOA), which ensures that the information will be presented in a consistent format across all reporting railroads, see 49 U.S.C. 11141–43, 11161–64, 49 CFR 1200–1201. It is likely that the estimated time to produce this report is overstated, given the advances made in computerized data collection and processing systems. Frequency of Response: Annual. E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Pages 847-848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-107]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1026X]


Bellingham International Railroad, LLC--Abandonment Exemption--in 
Whatcom County, WA

    Bellingham International Railroad, LLC (BIR), has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 2-mile line of railroad between milepost 2.98 and milepost 
4.98 in Bellingham, Whatcom County, WA.\1\ The line traverses United 
States Postal Service Zip Code 98225 and includes no stations.
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    \1\ In 1998, BIR acquired the exclusive rail service easement 
over the line and all track, track materials, and related 
structures. See Bellingham International Railroad LLC--Acquisition 
and Operation Exemption--The Burlington Northern and Santa Fe 
Railway Company, STB Finance Docket No. 33635 (STB served Aug. 4, 
1998).
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    BIR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; \2\ (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.
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    \2\ According to BIR, the line is stub-ended and not capable of 
handling overhead traffic.

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[[Page 848]]

    Where, as here, BIR is abandoning all of its rail lines, the Board 
does not normally impose labor protection under 49 U.S.C. 10502(g), 
unless the evidence indicates the existence of: (1) A corporate 
affiliate that will continue substantially similar rail operations; or 
(2) a corporate parent that will realize substantial financial benefits 
over and above relief from the burden of deficit operations by its 
subsidiary railroad. See Wellsville, Addison & Galeton R. Corp.--
Abandonment, 354 I.C.C. 744 (1978); and Northampton and Bath R. Co.--
Abandonment, 354 I.C.C. 784 (1978). Because BRI does not appear to have 
a corporate affiliate or parent that will continue similar operations 
or that could benefit from the proposed abandonment, employee 
protective conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on February 7, 2009, unless stayed pending reconsideration. 
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 
January 21, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 28, 2009,\5\ 
with the Surface Transportation Board, 395 E Street, SW., Washington, 
DC 20423-0001.
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    \3\ 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.
    \4\ 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).
    \5\ BIR states that the property underlying the line's right-of-
way may be reversionary, which may affect the transfer of the 
property for other than rail or rail-banking purposes.
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    A copy of any petition filed with the Board should be sent to BIR's 
representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BIR has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by January 
13, 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), BIR 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 BIR's filing of a notice of 
consummation by January 8, 2010, 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: January 2, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-107 Filed 1-7-09; 8:45 am]
BILLING CODE 4915-01-P