Consolidated Rail Corporation-Abandonment Exemption-in Hudson County, NJ [STB Docket No. AB-167 (Sub-No. 1189X)]; CSX Transportation, Inc.-Discontinuance of Service Exemption-in Hudson County, NJ [STB Docket No. AB-55 (Sub-No. 686X)]; Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Hudson County, NJ; [STB Docket No. AB-290 (Sub-No. 306X)], 11631-11632 [E9-5612]

Download as PDF Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before April 17, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0021. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel KAMAIIANA is: Intended Use: ‘‘Sightseeing harbor cruises for 6 passengers of our limo company.’’ Geographic Region: ‘‘California’’. tjames on PRODPC61 with NOTICES Privacy Act Anyone is able to search the electronic form of all comments 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 VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Dated: March 10, 2009. By Order of the Maritime Administrator. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. E9–5788 Filed 3–17–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Consolidated Rail Corporation— Abandonment Exemption—in Hudson County, NJ [STB Docket No. AB–167 (Sub-No. 1189X)]; CSX Transportation, Inc.—Discontinuance of Service Exemption—in Hudson County, NJ [STB Docket No. AB–55 (Sub-No. 686X)]; Norfolk Southern Railway Company—Discontinuance of Service Exemption—in Hudson County, NJ; [STB Docket No. AB–290 (Sub-No. 306X)] Consolidated Rail Corporation (Conrail), CSX Transportation, Inc. (CSXT), and Norfolk Southern Railway Company (NS) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR part 1152 Subpart F–Exempt Abandonments and Discontinuances of Service 1 for Conrail to abandon, and for CSXT and NS to discontinue service over, an approximately 1.36-mile portion of a line of railroad known as the Harsimus Branch, between milepost 0.00, CP Waldo, and milepost 1.36, a point east of Washington Street, in Jersey City, Hudson County, NJ.2 The line traverses United States Postal Service Zip Codes 07302, 07306, and 07310. Applicants have certified that: (1) No local or overhead traffic has moved over the property for at least 2 years; (2) any overhead traffic that has moved or could move over the property can be rerouted; (3) no formal complaint filed by a user of rail service on the property (or by a state or local government entity acting on behalf of such user) regarding 1 On January 6, 2009, applicants previously filed a notice of exemption to abandon the same line of railroad. However, in a decision served on January 26, 2009, the notice was rejected without prejudice to refilling. The decision stated that applicants did not meet the prefiling notice requirements at 49 CFR 1105.7(b) and 1105.8(c). 2 In City of Jersey City, Rails to Trails Conservancy, Pennsylvania Railroad Harsimus Stem Embankment Preservation Coalition, and New Jersey State Assemblyman Louis M. Manzo-Petition for Declaratory Order, STB Finance Docket No. 34818 (STB served August 9, 2007), the Board described the line as follows: Extending between milepost 1.3 near Luis Munoz Marin Boulevard (formerly Henderson Avenue) and milepost 2.54 near Waldo Avenue, in Jersey City, NJ. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 11631 cessation of service over the property either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a 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. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuances 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, these exemptions will be effective on April 17, 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 March 30, 2009. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 7, 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 applicants’ representatives: John K. Enright, 1717 Arch Street, 32nd Floor, Philadelphia, PA 19103, and Robert M. Jenkins III, Mayer Brown LLP, 1909 K Street, NW., Washington, DC 20006. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a joint combined environmental and historic report, which addresses the effects, if any, of the abandonment and discontinuances on the environment 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 abandonment 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 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). E:\FR\FM\18MRN1.SGM 18MRN1 11632 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices and historic resources.5 SEA will issue an environmental assessment (EA) by March 23, 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), Conrail 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 Conrail’s filing of a notice of consummation by March 18, 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: March 11, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–5612 Filed 3–17–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Proposed Collection; Comment Request; Currency Transaction Report by Casinos AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Notice and request for comments. tjames on PRODPC61 with NOTICES SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, FinCEN invites comment on a proposed extension, without change, of an existing information collection requirement contained in the form, ‘‘Currency Transaction Report by Casinos, FinCEN Form 103.’’ This request for comments is being made 5 On March 12, 2008, Conrail originally filed an Environmental and Historic Report with the Board. In response to the comments generated by that report, applicants have filed a Supplemental Environmental and Historic Report. VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 pursuant to the Paperwork Reduction Act of 1995, Public Law 104–13, 44 U.S.C. 3506(c)(2)(A). DATES: Written comments are welcome and must be received on or before May 18, 2009. ADDRESSES: Written comments should be submitted to: Regulatory Policy and Programs Division, Financial Crimes Enforcement Network, Department of the Treasury, P.O. Box 39, Vienna, Virginia 22183, Attention: Paperwork Reduction Act Comments—Currency Transaction Report by Casinos Form. Comments also may be submitted by electronic mail to the following Internet address: regcomments@fincen.gov, again with a caption, in the body of the text, ‘‘Attention: Paperwork Reduction Act Comments—Currency Transaction Report by Casinos Form.’’ Inspection of comments. Comments may be inspected, between 10 a.m. and 4 p.m., in the FinCEN reading room in Vienna, VA. Persons wishing to inspect the comments submitted must request an appointment with the Disclosure Officer by telephoning (703) 905–5034 (Not a toll free call). FOR FURTHER INFORMATION CONTACT: Regulatory Policy and Programs Division at (800) 949–2732. Option 4 SUPPLEMENTARY INFORMATION: Title: Currency Transaction Report by Casinos. OMB Number: 1506–0005. Form Number: FinCEN Form 103. Abstract: The statute generally referred to as the ‘‘Bank Secrecy Act,’’ Titles I and II of Public Law 91–508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951–1959, and 31 U.S.C. 5311–5332, authorizes the Secretary of the Treasury, inter alia, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters, or in the conduct of intelligence or counter-intelligence activities, to protect against international terrorism, and to implement counter-money laundering programs and compliance procedures.1 Regulations implementing Title II of the Bank Secrecy Act appear at 31 CFR part 103. The authority of the Secretary of the Treasury to administer the Bank Secrecy Act has been delegated to the Director of the Financial Crimes Enforcement Network. Section 5313(a) authorizes the Secretary of the Treasury to issue 1 Language expanding the scope of the Bank Secrecy Act to intelligence or counter-intelligence activities to protect against international terrorism was added by Section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107–56. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 regulations that require a report when ‘‘a domestic financial institution is involved in a transaction for the payment, receipt, or transfer of United States [sic] coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes.’’ Regulations implementing section 5313(a) are found at 31 CFR 103.22. In general, the regulations require the reporting of transactions in currency in excess of $10,000 a day. Casinos, as defined in 31 U.S.C. 5312(a)(2)(X) and 31 CFR 103.11(n)(7)(i), are financial institutions subject to the currency transaction reporting requirement. Card clubs, as defined in 31 CFR 103.11(n)(8)(i), are casinos subject to currency transaction reporting. (See 63 FR 1919, January 13, 1998.) The Currency Transaction Report by Casinos, FinCEN Form 103, is the form casinos and card clubs use to comply with the currency transaction reporting requirements. The current CTR–C may be reviewed at: http://www.fincen.gov/forms/files/ fin103_ctrc.pdf. Type of Review: Extension, without change, of an approved information collection. Affected Public: Business or other forprofit institutions. Frequency: As required. Estimated Burden: Reporting average of 20 minutes per response.2 Form record keeping average of 10 minutes per response, for a total of 30 minutes. Estimated Number of Respondents: 925. Estimated Total Annual Responses: 460,000. Estimated Total Annual Burden Hours: 230,000. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid Office of Management and Budget control number. Records required to be retained under the Bank Secrecy Act must be retained for five years. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of 2 This burden relates to the completion of the Currency Transaction Report by Casinos form only. The recordkeeping burden of 31 CFR 103.22 is reflected in the final rule requiring casinos and card clubs to file currency transaction reports. E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11631-11632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5612]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


 Consolidated Rail Corporation--Abandonment Exemption--in Hudson 
County, NJ [STB Docket No. AB-167 (Sub-No. 1189X)]; CSX Transportation, 
Inc.--Discontinuance of Service Exemption--in Hudson County, NJ [STB 
Docket No. AB-55 (Sub-No. 686X)]; Norfolk Southern Railway Company--
Discontinuance of Service Exemption--in Hudson County, NJ; [STB Docket 
No. AB-290 (Sub-No. 306X)]

    Consolidated Rail Corporation (Conrail), CSX Transportation, Inc. 
(CSXT), and Norfolk Southern Railway Company (NS) (collectively, 
applicants) have jointly filed a verified notice of exemption under 49 
CFR part 1152 Subpart F-Exempt Abandonments and Discontinuances of 
Service \1\ for Conrail to abandon, and for CSXT and NS to discontinue 
service over, an approximately 1.36-mile portion of a line of railroad 
known as the Harsimus Branch, between milepost 0.00, CP Waldo, and 
milepost 1.36, a point east of Washington Street, in Jersey City, 
Hudson County, NJ.\2\ The line traverses United States Postal Service 
Zip Codes 07302, 07306, and 07310.
---------------------------------------------------------------------------

    \1\ On January 6, 2009, applicants previously filed a notice of 
exemption to abandon the same line of railroad. However, in a 
decision served on January 26, 2009, the notice was rejected without 
prejudice to refilling. The decision stated that applicants did not 
meet the prefiling notice requirements at 49 CFR 1105.7(b) and 
1105.8(c).
    \2\ In City of Jersey City, Rails to Trails Conservancy, 
Pennsylvania Railroad Harsimus Stem Embankment Preservation 
Coalition, and New Jersey State Assemblyman Louis M. Manzo-Petition 
for Declaratory Order, STB Finance Docket No. 34818 (STB served 
August 9, 2007), the Board described the line as follows: Extending 
between milepost 1.3 near Luis Munoz Marin Boulevard (formerly 
Henderson Avenue) and milepost 2.54 near Waldo Avenue, in Jersey 
City, NJ.
---------------------------------------------------------------------------

    Applicants have certified that: (1) No local or overhead traffic 
has moved over the property for at least 2 years; (2) any overhead 
traffic that has moved or could move over the property can be rerouted; 
(3) no formal complaint filed by a user of rail service on the property 
(or by a state or local government entity acting on behalf of such 
user) regarding cessation of service over the property either is 
pending with the Surface Transportation Board (Board) or with any U.S. 
District Court or has been decided in favor of a 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.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or discontinuances 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, these exemptions will be 
effective on April 17, 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 
March 30, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 7, 2009, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \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 abandonment 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\ 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 
applicants' representatives: John K. Enright, 1717 Arch Street, 32nd 
Floor, Philadelphia, PA 19103, and Robert M. Jenkins III, Mayer Brown 
LLP, 1909 K Street, NW., Washington, DC 20006.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a joint combined environmental and historic 
report, which addresses the effects, if any, of the abandonment and 
discontinuances on the environment

[[Page 11632]]

and historic resources.\5\ SEA will issue an environmental assessment 
(EA) by March 23, 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.
---------------------------------------------------------------------------

    \5\ On March 12, 2008, Conrail originally filed an Environmental 
and Historic Report with the Board. In response to the comments 
generated by that report, applicants have filed a Supplemental 
Environmental and Historic Report.
---------------------------------------------------------------------------

    Pursuant to the provisions of 49 CFR 1152.29(e)(2), Conrail 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 Conrail's filing of a notice of 
consummation by March 18, 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: March 11, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
 [FR Doc. E9-5612 Filed 3-17-09; 8:45 am]
BILLING CODE 4915-01-P