Kyle Railroad Company-Acquisition and Operation Exemption-Mid-States Port Authority, 5027-5028 [E9-1544]

Download as PDF Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices the application, which for purposes of environmental review is the ‘‘no-action’’ alternative. sroberts on PROD1PC70 with NOTICES Scoping Process Public scoping is an early and open process for identifying and determining the scope of issues to be addressed in the EIS. Scoping begins with this notice, continues through the public comment period (see DATES), and ends when the Coast Guard has completed the following actions: • Invites the participation of Federal, State, and local agencies, any affected Indian tribe, the applicant, and other interested persons; • Determines the actions, alternatives, and impacts described in 40 CFR 1508.25; • Identifies and eliminates, from detailed study, those issues that are not significant or that have been covered elsewhere; • Allocates responsibility for preparing EIS components; • Indicates any related environmental assessments or environmental impact statements that are not part of the EIS; • Identifies other relevant environmental review and consultation requirements; • Indicates the relationship between timing of the environmental review and other aspects of the application process; and • At its discretion, exercises the options provided in 40 CFR 1501.7(b). Once the scoping process is complete, the Coast Guard will prepare a draft EIS, and we will publish a Federal Register notice announcing its public availability. (If you want that notice to be sent to you, please contact the Coast Guard project manager identified in FOR FURTHER INFORMATION CONTACT.) You will have an opportunity to review and comment on the draft EIS. The Coast Guard will consider those comments and then prepare the final EIS. As with the draft EIS, we will announce the availability of the final EIS and once again give you an opportunity for review and comment. 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 southeast of Freeport, Texas, in a water VerDate Nov<24>2008 17:30 Jan 27, 2009 Jkt 217001 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 42-inch 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 8 and 5/8inch 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; and will incorporate the environmental PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 5027 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 16, 2009. By Order of the Maritime Administrator. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E9–1514 Filed 1–27–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35212] Kyle Railroad Company—Acquisition and Operation Exemption—Mid-States Port Authority Kyle Railroad Company (Kyle), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Mid-States Port Authority (MSPA), a noncarrier, and to operate a 351.50-mile line of railroad extending between: (a) Milepost 531.00 at Limon, CO, and milepost 189.40 at Belleville, KS; (b) milepost 189.40 at Belleville, KS, and milepost 182.00 at Munden, KS; and (c) milepost 226.25 at Belleville and milepost 223.75, east of Belleville, in Lincoln and Kit Carson Counties, CO, and Sherman, Thomas, Sheridan, Decatur, Norton, Phillips, Smith, Jewell, and Republic Counties, KS. As part of the Chicago, Rock Island and Pacific Railroad Company (Rock Island) bankruptcy proceeding, the Rock Island was authorized by the Interstate Commerce Commission (ICC) to abandon its entire rail system with certain conditions. See Chicago, R. I. & R. P. Co. Abandonment, 363 I.C.C. 150 E:\FR\FM\28JAN1.SGM 28JAN1 sroberts on PROD1PC70 with NOTICES 5028 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices (1980). On April 18, 1984, in Order No. 676A, the bankruptcy court authorized MSPA to purchase the 351.50-mile portion of the line. On April 30, 1984, MSPA and Kyle entered into an agreement and Kyle was authorized in Kyle Railroad Company—Notice of Modified Certificate of Public Convenience and Necessity, Finance Docket No. 30490 (ICC served June 4, 1984) to acquire from MSPA and to operate the line. Kyle is seeking the Board’s authority as required by the agreement to acquire and operate the line and to remove the potential impediment to exercising its option to acquire the line. The proposed transaction is scheduled to be consummated on June 1, 2009. Kyle certifies that its projected annual revenues as a result of the transaction will not result in Kyle becoming a Class II or Class I rail carrier. However, because its projected annual revenues will exceed $5 million, Kyle also has certified to the Board that it has complied with the employee notice requirements of 49 CFR 1150.42(e). Pursuant to that provision, the exemption may not become effective until 60 days from the January 13, 2009, date of the revised certification to the Board, which would be March 13, 2009. According to Kyle, there is no provision or agreement that may limit future interchange with a third-party connecting carrier. Pursuant to the Consolidated Appropriations Act, 2008, Public Law 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. If the verified notice 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 March 6, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35212, 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 applicants’ VerDate Nov<24>2008 17:30 Jan 27, 2009 Jkt 217001 representative, Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Decided: January 16, 2009. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–1544 Filed 1–27–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency FEDERAL RESERVE SYSTEM FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of information collection to be submitted to OMB for review and approval under the Paperwork Reduction Act of 1995. SUMMARY: In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC (the ‘‘agencies’’) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. On September 23, 2008, the agencies, under the auspices of the Federal Financial Institutions Examination Council (FFIEC), requested public comment for 60 days on a proposal to extend, with revision, the Consolidated Reports of Condition and Income (Call Report), which are currently approved collections of information. After considering the comments received on the proposal, the FFIEC and the agencies will move forward with the most of the reporting changes, with limited modifications in response to certain comments, on the phased-in basis that had been proposed. The FFIEC and the agencies are continuing to evaluate certain other proposed revisions in light of the comments PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 received thereon and will not implement these revisions on their proposed effective dates. DATES: Comments must be submitted on or before February 27, 2009. ADDRESSES: Interested parties are invited to submit written comments to any or all of the agencies. All comments, which should refer to the OMB control number(s), will be shared among the agencies. OCC: You should direct all written comments to: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1–5, Attention: 1557–0081, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–4448, or by electronic mail to regs.comments@occ.treas.gov. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. Board: You may submit comments, which should refer to ‘‘Consolidated Reports of Condition and Income, 7100– 0036,’’ by any of the following methods: • Agency Web Site: http:// www.federalreserve.gov. Follow the instructions for submitting comments on the http://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@federalreserve.gov. Include docket number in the subject line of the message. • FAX: 202–452–3819 or 202–452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room MP–500 of the Board’s Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. FDIC: You may submit comments, which should refer to ‘‘Consolidated E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 5027-5028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1544]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35212]


Kyle Railroad Company--Acquisition and Operation Exemption--Mid-
States Port Authority

    Kyle Railroad Company (Kyle), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from Mid-
States Port Authority (MSPA), a noncarrier, and to operate a 351.50-
mile line of railroad extending between: (a) Milepost 531.00 at Limon, 
CO, and milepost 189.40 at Belleville, KS; (b) milepost 189.40 at 
Belleville, KS, and milepost 182.00 at Munden, KS; and (c) milepost 
226.25 at Belleville and milepost 223.75, east of Belleville, in 
Lincoln and Kit Carson Counties, CO, and Sherman, Thomas, Sheridan, 
Decatur, Norton, Phillips, Smith, Jewell, and Republic Counties, KS.
    As part of the Chicago, Rock Island and Pacific Railroad Company 
(Rock Island) bankruptcy proceeding, the Rock Island was authorized by 
the Interstate Commerce Commission (ICC) to abandon its entire rail 
system with certain conditions. See Chicago, R. I. & R. P. Co. 
Abandonment, 363 I.C.C. 150

[[Page 5028]]

(1980). On April 18, 1984, in Order No. 676A, the bankruptcy court 
authorized MSPA to purchase the 351.50-mile portion of the line. On 
April 30, 1984, MSPA and Kyle entered into an agreement and Kyle was 
authorized in Kyle Railroad Company--Notice of Modified Certificate of 
Public Convenience and Necessity, Finance Docket No. 30490 (ICC served 
June 4, 1984) to acquire from MSPA and to operate the line. Kyle is 
seeking the Board's authority as required by the agreement to acquire 
and operate the line and to remove the potential impediment to 
exercising its option to acquire the line.
    The proposed transaction is scheduled to be consummated on June 1, 
2009.
    Kyle certifies that its projected annual revenues as a result of 
the transaction will not result in Kyle becoming a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, Kyle also has certified to the Board that it has 
complied with the employee notice requirements of 49 CFR 1150.42(e). 
Pursuant to that provision, the exemption may not become effective 
until 60 days from the January 13, 2009, date of the revised 
certification to the Board, which would be March 13, 2009.
    According to Kyle, there is no provision or agreement that may 
limit future interchange with a third-party connecting carrier.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  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.
    If the verified notice 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 March 6, 2009 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35212, 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 applicants' representative, 
Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, LLC, 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: January 16, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-1544 Filed 1-27-09; 8:45 am]
BILLING CODE 4915-01-P