Delray Connecting Railroad Company-Trackage Rights Exemption-Consolidated Rail Corporation, 985-986 [E9-47]

Download as PDF Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 1501 et seq. (the Act). On January 5, 2009, we determined that the application contains all information required by the Act to initiate processing. mstockstill on PROD1PC66 with NOTICES Background According to the Act, a deepwater port is a fixed or floating manmade structure other than a vessel, or a group of structures, located beyond State seaward boundaries and used or intended for use as a port or terminal for the transportation, storage, and further handling of oil or natural gas for transportation to any State. A deepwater port must be licensed by the Maritime Administrator (by delegated authority of the Secretary of Transportation, published on June 18, 2003 (68 FR 36496)). Statutory and regulatory requirements for licensing appear in 33 U.S.C. 1501 et seq. and in 33 CFR Part 148. Under delegations from and agreements between the Secretary of Transportation and the Secretary of Homeland Security, applications are processed by the Coast Guard and the Maritime Administration. Each application is considered on its merits. The Act requires adherence to a strict timeline for processing an application. Once we determine that an application contains the required information, we must hold public hearings on the application within 240 days, and the Maritime Administrator must render a decision on the application within 330 days. We will publish additional Federal Register notices to inform you of these public hearings and other procedural milestones, including the environmental review. The Maritime Administrator’s decision, and other key documents, will be filed in the public docket. At least one public hearing must take place in each adjacent coastal state. For purposes of the Act, Texas is the adjacent coastal state for this application. Other states can apply to the Maritime Administrator for adjacent coastal state status in accordance with 33 U.S.C. 1508(a)(2). Summary of the Application Texas Offshore Port System, a general partnership consisting of Oiltanking Freeport, L.P., TEPPCO O/S Port System, LLC and Enterprise Offshore Port System, LLC, proposes to own, construct, and operate a deepwater port (DWP), named Texas Offshore Port System (TOPS), in the Federal waters of the Outer Continental Shelf in Minerals Management Service (MMS) lease block Galveston Area A56 (GA 56), approximately 30 statute miles VerDate Nov<24>2008 16:16 Jan 08, 2009 Jkt 217001 southeast of Freeport, Texas, in a water depth of approximately 120 feet. The proposed DWP will serve as an offshore crude oil receiving terminal and transmission facility. An average of 1,700,000 barrels of oil per day will be offloaded at the terminal and will be delivered via a new pipeline that will terminate at a crude oil storage terminal located in Texas City, Texas. Two Single Point Mooring (SPM) Buoys will be installed to offload crude oil from crude oil tankers. A third SPM may be added in the future. Dual 42inch outside diameter (OD), 4,000-ft (1,219-m) long offloading pipelines will carry the crude oil to a new Metering and Pumping Platform. At the platform the crude oil will be increased in pressure to 1,950 pounds per square inch gauge discharge pressure to achieve a flow rate of up to 100,000 barrels per hour into the departing Offshore Pipeline. A Quarters and Control Platform will be connected by a bridge to the Metering and Pumping Platform. A new 85⁄8-inch OD fuel gas pipeline that will be approximately 36 miles long (58 km) will supply natural gas to the Metering and Pumping Platform. It will originate from an existing platform in MMS lease block Brazos Area BR 538 (BR 538). The new Offshore Pipeline will be a 42-inch OD pipeline and approximately 34.86 miles long. It will transport the crude oil to a new valve station located in Freeport, Texas. From the valve station a new 48-mile, 42-inch OD Onshore Pipeline will transfer the crude oil to a new crude oil storage terminal in Texas City, Texas. A new intermediate Onshore Pump Station will be located along the Onshore Pipeline to boost the pressure of the crude oil. The new crude oil storage terminal, the Texas City Crude Terminal, will consist of seven tanks, six with a storage capacity of 600,000 barrels and one with a storage capacity of 300,000 barrels. Pipelines and structures such as the moorings may require permits under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act which are administered by the U.S. Army Corps of Engineers (USACE). TOPS will also require permits from the Environmental Protection Agency (EPA) pursuant to the provisions of the Clean Air Act, as amended, and the Clean Water Act, as amended. The new pipeline will be included in the National Environmental Policy Act (NEPA) review as part of the deepwater port application process. EPA and the USACE, among others, are cooperating agencies and will assist in the NEPA process as described in 40 CFR 1501.6; may participate in scoping meetings; PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 985 and will incorporate the environmental impact statement (EIS) into their permitting processes. Comments sent to EPA or USACE will also be incorporated into the DOT docket and EIS to ensure consistency with the NEPA Process. Should a license be issued, TOPS anticipates being able to offload and transport crude oil in November 2010. The deepwater port would be designed, constructed and operated in accordance with applicable codes and standards. Privacy Act The electronic form of all comments received into the Federal Docket Management System can be searched by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). The DOT Privacy Act Statement can be viewed in the Federal Register published on April 11, 2000 (Volume 65, Number 70, pages 19477–78) or you may visit http:// www.regulations.gov. (Authority 49 CFR 1.66) Dated: January 6, 2009. By Order of the Maritime Administrator. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E9–293 Filed 1–8–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35180] Delray Connecting Railroad Company—Trackage Rights Exemption—Consolidated Rail Corporation Pursuant to a written trackage rights agreement, Consolidated Rail Corporation (Conrail) has agreed to grant local trackage rights to Delray Connecting Railroad Company (DCRR) from Tecumseh Yard Lead to No. 1 and No. 2 Hill Tracks and Marion Track 1 (a/k/a the Marsh Industrial Track), Marion Track 2, and Marion Track 3 to their connections with Canadian National Railway Company’s (CN) line to Zug Island.1 The entire line of railroad is located in the State of Michigan. 1 According to DCRR, United States Steel Corporation (USS), a noncarrier, owns all of the issued and outstanding stock of Transtar, Inc. (Transtar), which is a noncarrier holding company. Transtar owns all of the issued and outstanding stock of seven common carrier railroads, including DCRR, a Class III rail carrier. Conrail is the owner and operator of certain railroad tracks that connect with both Tecumseh Yard and track owned by CN. E:\FR\FM\09JAN1.SGM 09JAN1 mstockstill on PROD1PC66 with NOTICES 986 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices DCRR states that the trackage rights agreement has been consummated but that, after it was consummated, USS management was advised by counsel that a grant of trackage rights would require Board approval. Thus, this notice of exemption is filed on a nunc pro tunc basis. Under 49 CFR 1180.4(g), in order to qualify for an exemption under 49 CFR 1180.2(d), a railroad must file a verified notice of the transaction with the Board at least 30 days in advance of consummation. In this case, the verified notice was filed on December 24, 2008. Therefore, the earliest this transaction could be consummated is January 23, 2009, the effective date of the exemption (30 days after the exemption was filed). The purpose of the trackage rights is to permit DCRR to move trains consisting of empty ‘‘bottle cars’’ between Tecumseh Yard and CN’s line to USS’s facility on Zug Island, which will enhance operational efficiencies. As a condition to this exemption, any employees affected by the acquisition of the 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). This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Stay petitions must be filed by January 16, 2009 (at least 7 days before the exemption becomes effective). Pursuant to the Consolidated Appropriations Act, 2008, Public Law 110–161, section 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35180, 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 John A. Vuono, Esq., Vuono & Gray, LLC, 310 Grant Street, Suite 2310 Grant Building, Pittsburgh, PA 15219; and Robert N. VerDate Nov<24>2008 16:16 Jan 08, 2009 Jkt 217001 Gentile, Esq., Assistant General Counsel-Commercial, Intellectual Property & Special Litigation, United States Steel Corporation, 600 Grant Street 18th Floor, Room 1880, Pittsburgh, PA 15219. 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. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–47 Filed 1–8–09; 8:45 am] DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 2 Taxpayer Advocacy Panel (Including the States of Delaware, North Carolina, South Carolina, New Jersey, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. AGENCY: Internal Revenue Service (IRS) Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 1 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, February 17, 2009. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1–888–912–1227 or 718–488–2085. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 1 Taxpayer Advocacy Panel will be held Tuesday, February 17, 2009, at 10 a.m. Eastern Time. For more information please contact Audrey Y. Jenkins at 1– 888–912–1227 or 718–488–2085. If you would like to have the TAP consider a written statement, please write Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can post comments to the Web site: http://www.improveirs.org. The agenda will include various IRS issues. SUMMARY: An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, February 18, 2009. FOR FURTHER INFORMATION CONTACT: Donna Powers at 1–888–912–1227, or 954–423–7977. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held Wednesday, February 18, 2009, at 2:30 p.m. Eastern Time. For more information please contact Donna Powers. Ms. Powers may be reached at 1–888–912–1227 or 954–423–7977, or you can write to Donna Powers, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or post comments to the Web site: http:// www.improveirs.org. The agenda will include the following: Various IRS issues. Dated: December 22, 2008. Roy L. Block, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E9–145 Filed 1–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 1 Taxpayer Advocacy Panel (Including the States of New York, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont and Maine) Dated: December 22, 2008. Roy L. Block, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E9–146 Filed 1–8–09; 8:45 am] BILLING CODE 4830–01–P PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 3 Taxpayer Advocacy Panel (Including the States of Florida, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and the Territory of Puerto Rico) AGENCY: Internal Revenue Service (IRS) Treasury. ACTION: Correction to notice of meeting. SUMMARY: An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 985-986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-47]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35180]


Delray Connecting Railroad Company--Trackage Rights Exemption--
Consolidated Rail Corporation

    Pursuant to a written trackage rights agreement, Consolidated Rail 
Corporation (Conrail) has agreed to grant local trackage rights to 
Delray Connecting Railroad Company (DCRR) from Tecumseh Yard Lead to 
No. 1 and No. 2 Hill Tracks and Marion Track 1 (a/k/a the Marsh 
Industrial Track), Marion Track 2, and Marion Track 3 to their 
connections with Canadian National Railway Company's (CN) line to Zug 
Island.\1\ The entire line of railroad is located in the State of 
Michigan.
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    \1\ According to DCRR, United States Steel Corporation (USS), a 
noncarrier, owns all of the issued and outstanding stock of 
Transtar, Inc. (Transtar), which is a noncarrier holding company. 
Transtar owns all of the issued and outstanding stock of seven 
common carrier railroads, including DCRR, a Class III rail carrier. 
Conrail is the owner and operator of certain railroad tracks that 
connect with both Tecumseh Yard and track owned by CN.

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[[Page 986]]

    DCRR states that the trackage rights agreement has been consummated 
but that, after it was consummated, USS management was advised by 
counsel that a grant of trackage rights would require Board approval. 
Thus, this notice of exemption is filed on a nunc pro tunc basis. Under 
49 CFR 1180.4(g), in order to qualify for an exemption under 49 CFR 
1180.2(d), a railroad must file a verified notice of the transaction 
with the Board at least 30 days in advance of consummation. In this 
case, the verified notice was filed on December 24, 2008. Therefore, 
the earliest this transaction could be consummated is January 23, 2009, 
the effective date of the exemption (30 days after the exemption was 
filed). The purpose of the trackage rights is to permit DCRR to move 
trains consisting of empty ``bottle cars'' between Tecumseh Yard and 
CN's line to USS's facility on Zug Island, which will enhance 
operational efficiencies.
    As a condition to this exemption, any employees affected by the 
acquisition of the 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Stay petitions must be filed 
by January 16, 2009 (at least 7 days before the exemption becomes 
effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35180, 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 John A. Vuono, Esq., Vuono & 
Gray, LLC, 310 Grant Street, Suite 2310 Grant Building, Pittsburgh, PA 
15219; and Robert N. Gentile, Esq., Assistant General Counsel-
Commercial, Intellectual Property & Special Litigation, United States 
Steel Corporation, 600 Grant Street 18th Floor, Room 1880, Pittsburgh, 
PA 15219.
    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.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-47 Filed 1-8-09; 8:45 am]
BILLING CODE 4915-01-P