BNSF Railway Company-Abandonment Exemption-in Kootenai County, ID, 44435-44436 [E9-20752]

Download as PDF Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 2. Systems of Records OCSE will provide us electronic files containing quarterly wage, unemployment insurance, and new hire information from its system of records, the Location and Collection System (HHS/OCSE, 09–90–0074) last published at 72 FR 51446 on September 7, 2007. Quarterly, we will match OCSE information with electronic files from our system of records, the Supplemental Security Record and Special Veterans Benefits (SSA/OEEAS 60–0103) last published at 71 FR 1830 on January 11, 2006. Our online access queries are from information in our system of records, the Completed Determination Record— Continuing Disability Determination File (SSA/OD 60–0050) last published at 72 FR 1813 on January 11, 2007. E. 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E9–20819 Filed 8–27–09; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Office of the Secretary hsrobinson on DSK69SOYB1PROD with NOTICES Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending August 15, 2009 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2009– 0188. VerDate Nov<24>2008 21:38 Aug 27, 2009 Jkt 217001 Date Filed: August 12, 2009. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 2, 2009. Description: Application of Rugby Aviation, LLC d/b/a Northwest Sky Ferry requesting authority to engage in scheduled passenger operations as a commuter air carrier. Docket Number: DOT–OST–2009– 0189. Date Filed: August 12, 2009. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 2, 2009. Description: Application of Monarch Airlines Limited (‘‘Monarch’’) requesting amendment/reissuance of its foreign air carrier permit to authorize: (a) Scheduled and charter foreign air transportation of persons, property and mail from any point or points behind any Member State of the European Community via any point or points in any Member state and via intermediate points to any point or points in the United States and beyond; (b) scheduled and foreign transportation of persons, property and mail between any point or points in the United States and any point or points in the European Common Aviation Area; (c) other charters pursuant to the prior approval requirements; and (d) scheduled and charter transportation authorized by any additional route rights that may be authorized in the future under the U.S.EU agreement. Monarch also seeks an exemption to permit its operation as a scheduled and/or charter foreign air carrier within the full scope of the permit requested, pending effectiveness of that amended permit. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E9–20776 Filed 8–27–09; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub-No. 468X)] BNSF Railway Company— Abandonment Exemption—in Kootenai County, ID On August 10, 2009, BNSF Railway Company (BNSF) filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 6.23-mile rail line between milepost 6.10, near Post Falls, and milepost 12.33, at Coeur PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 44435 d’Alene, in Kootenai County, ID.1 The line traverses United States Postal Service Zip Codes 83814 and 83854 and includes the stations of Post Falls and Coeur d’Alene.2 In addition to an exemption from 49 U.S.C. 10903, BNSF seeks exemption from the offer of financial assistance (OFA) and the public use provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. In support, BNSF contends that an exemption from these provisions is necessary to permit conveyance of the line so that it can be developed as part of the Coeur D’Alene Education Corridor. BNSF states that it has received a firm offer to purchase the portion of the line between milepost 8.66 and milepost 12.33 for development of this corridor, and that the Bureau of Land Management (BLM) has reached a tentative agreement with the City of Coeur D’Alene to exchange the federally granted right-of-way on the line for other land in the area that is more suitable to BLM’s use. The portion of the line between milepost 6.10 and milepost 8.66 will be reclassified as industry track and used for storage of surplus rail cars. These additional exemption requests will be addressed in the final decision. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by November 27, 2009. Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption, unless the Board grants the requested exemption from the OFA process. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Unless the Board grants the requested exemption from the public use provisions, any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than 1 In its environmental and historic reports, BNSF erroneously stated that the end of the line was milepost 12.34; BNSF now indicates that the portion of the line between milepost 12.33 and 12.34 has already been abandoned. 2 The line contains federally granted rights-ofway. Any documentation in BNSF’s possession will be made available promptly to those requesting it. E:\FR\FM\28AUN1.SGM 28AUN1 44436 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices September 17, 2009. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB–6 (Sub-No. 468X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001; and (2) Kristy Clark, BNSF Railway Company, 2500 Lou Menk Drive, Fort Worth, TX 76131. Replies to the petition are due on or before September 17, 2009. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ acquire and operate all of Copper Basin Railway, Inc.’s (CBRY) rail assets, including its main line between Magma (milepost 949.5) 2 and Winkelman (milepost 1003.5), and all spurs from that main line, including the spur between Ray Junction (milepost 0) and Ray Mine (milepost 4), and the spur between Hayden Junction (milepost 0) and Hayden Smelter (milepost 2),3 in Pinal and Gila Counties, AZ, for a total of 54 route miles (not including industrial track or the Ray Mine and Hayden Smelter spurs).4 Sterlite certifies that, based on representations made to it by CBRY regarding CBRY’s annual revenues, Sterlite’s projected annual revenues would be those of a Class III rail carrier. Because Sterlite’s projected annual revenues will exceed $5 million, Sterlite is required, at least 60 days before an exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, to post a copy of the notice at the workplace of the employees on the affected lines, and to certify to the Board that it has done so. 49 CFR 1150.32(e). Sterlite has certified to the Board that on August 14, 2009, it posted a notice at the workplace of the employees on the affected lines, containing the information required in 49 CFR 1150.32(e). However, Sterlite has noted that none of the employees on the affected lines are represented by a labor union and, therefore, no notice has been provided to the national office of any labor union. Accordingly, Sterlite simultaneously has filed a petition for waiver from the requirements of 49 CFR 1150.32(e) regarding notice to labor of the proposed transaction to permit the Decided: August 24, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–20752 Filed 8–27–09; 8:45 am] stating that the proposed acquisition and operation would not involve any provision or agreement of the kind described in 49 CFR 1150.33(h). 2 According to Sterlite, CBRY uses the milepost designations on the line that were assigned by CBRY’s former owner, Southern Pacific Transportation Company. 3 Sterlite states that it does not represent that these two spurs constitute ‘‘railroad lines’’ whose acquisition is subject to the Board’s jurisdiction under 49 U.S.C. 10901. To the extent, however, that there is any question regarding the status of these tracks, Sterlite requests that they be covered by this verified notice of exemption. 4 Sterlite states that, on or about March 6, 2009, a Settlement and Purchase and Sale Agreement (PSA) among ASARCO LLC, AR Silver Bell, Inc., CBRY, ASARCO Santa Cruz, Inc., Sterlite, and Sterlite Industries (India), Ltd., was executed, providing for the acquisition by Sterlite of the rail assets of CBRY. According to Sterling, closing under the PSA cannot take place unless and until the Debtors’ Sixth Amended Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code, as Modified, is approved by the United States Bankruptcy Court for the Southern District of Texas and by the United States District Court for the Southern District of Texas in the proceedings in In re ASARCO LLC (Case No. 05–21207). BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board hsrobinson on DSK69SOYB1PROD with NOTICES [STB Finance Docket No. 35291] Sterlite (USA), Inc.—Acquisition and Operation Exemption—Copper Basin Railway, Inc. Sterlite (USA), Inc. (Sterlite), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 1 to 1 On August 19, 2009, Sterlite filed an amendment to its verified notice of exemption VerDate Nov<24>2008 21:38 Aug 27, 2009 Jkt 217001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 exemption to become effective 30 days after the notice of exemption was filed, rather than the requisite 60 days. Sterlite’s waiver request will be addressed by the Board in a subsequent decision. Sterlite states that, if the waiver request is not granted, it intends to consummate the transaction on or after October 13, 2009 (60 days from the date the notice was posted at the worksite of affected CBRY employees), and, if the waiver petition is granted in a decision served later than September 13, 2009, then Sterlite intends to consummate the transaction on or after such time established by the Board. 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. 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. Petitions for stay must be filed no later than 7 days before the exemption becomes effective.5 An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35291, 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 Paul A. Cunningham, Esquire, Harkins Cunningham LLP, 1700 K Street, NW., Suite 400, Washington, DC 20006–3804. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 21, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–20659 Filed 8–27–09; 8:45 am] BILLING CODE 4915–01–P 5 In the absence of a waiver granted by the Board, the earliest the exemption could become effective would be October 13, 2009 (60 days after Sterlite has certified that it has satisfied the requirements of 49 CFR 1150.32(e)). E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44435-44436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20752]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 468X)]


BNSF Railway Company--Abandonment Exemption--in Kootenai County, 
ID

    On August 10, 2009, BNSF Railway Company (BNSF) filed with the 
Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903 to abandon a 6.23-mile rail line between 
milepost 6.10, near Post Falls, and milepost 12.33, at Coeur d'Alene, 
in Kootenai County, ID.\1\ The line traverses United States Postal 
Service Zip Codes 83814 and 83854 and includes the stations of Post 
Falls and Coeur d'Alene.\2\
---------------------------------------------------------------------------

    \1\ In its environmental and historic reports, BNSF erroneously 
stated that the end of the line was milepost 12.34; BNSF now 
indicates that the portion of the line between milepost 12.33 and 
12.34 has already been abandoned.
    \2\ The line contains federally granted rights-of-way. Any 
documentation in BNSF's possession will be made available promptly 
to those requesting it.
---------------------------------------------------------------------------

    In addition to an exemption from 49 U.S.C. 10903, BNSF seeks 
exemption from the offer of financial assistance (OFA) and the public 
use provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. In 
support, BNSF contends that an exemption from these provisions is 
necessary to permit conveyance of the line so that it can be developed 
as part of the Coeur D'Alene Education Corridor. BNSF states that it 
has received a firm offer to purchase the portion of the line between 
milepost 8.66 and milepost 12.33 for development of this corridor, and 
that the Bureau of Land Management (BLM) has reached a tentative 
agreement with the City of Coeur D'Alene to exchange the federally 
granted right-of-way on the line for other land in the area that is 
more suitable to BLM's use. The portion of the line between milepost 
6.10 and milepost 8.66 will be reclassified as industry track and used 
for storage of surplus rail cars. These additional exemption requests 
will be addressed in the final decision.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 27, 2009.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption, 
unless the Board grants the requested exemption from the OFA process. 
Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than

[[Page 44436]]

September 17, 2009. Each trail use request must be accompanied by a 
$200 filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-6 (Sub-No. 468X), and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Kristy 
Clark, BNSF Railway Company, 2500 Lou Menk Drive, Fort Worth, TX 76131. 
Replies to the petition are due on or before September 17, 2009.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: August 24, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-20752 Filed 8-27-09; 8:45 am]
BILLING CODE 4915-01-P