Montoff Transportation Company, LLC-Acquisition Exemption-BNSF Railway Company, 10341 [2010-4745]

Download as PDF Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices Canada and the United States; and (3) other charter operations. DEPARTMENT OF TRANSPORTATION Surface Transportation Board Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [STB Finance Docket No. 35354] Montoff Transportation Company, LLC—Acquisition Exemption—BNSF Railway Company [FR Doc. 2010–4673 Filed 3–4–10; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary erowe on DSK5CLS3C1PROD with NOTICES Aviation Proceedings, Agreements Filed the Week Ending February 13, 2010 The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. Docket Number: DOT–OST–2010– 0031. Date Filed: February 9, 2010. Parties: Members of the International Air Transport Association. Subject: Mail Vote 621. Special Passenger Amending Resolution 010n, from Hong Kong SAR to India, (Memo 1355). Intended effective date: 22 February 2010. Docket Number: DOT–OST–2010– 0032. Date Filed: February 9, 2010. Parties: Members of the International Air Transport Association. Subject: Mail Vote 619. TC3 Special Passenger Amending Resolution 010m between Korea (Rep. of) and China excluding Hong Kong SAR and Macao SAR, (Memo 1354). Intended effective date: 15 February 2010. Docket Number: DOT–OST–2010– 0033. Date Filed: February 12, 2010. Parties: Members of the International Air Transport Association. Subject: Mail Vote 622. TC3 Within South East Asia, Special Passenger Amending Resolution 010o between Viet Nam and Myanmar (Memo 1356). Intended effective date: 22 February 2010. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 2010–4674 Filed 3–4–10; 8:45 am] BILLING CODE 4910–9X–P VerDate Nov<24>2008 14:45 Mar 04, 2010 Jkt 220001 Montoff Transportation Company, LLC (Montoff), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from BNSF Railway Company (BNSF) its right to reactivate rail service on a 42.80-mile rail-banked line (Line) between milepost 73.60 near Fairmont and milepost 116.40 near Guthrie, in Garfield and Logan Counties, OK.1 The notice of exemption relates back to the Decision and Notice of Interim Trail Use or Abandonment (NITU) that the Board, at the request of BNSF and the Oklahoma Department of Transportation (ODOT), issued for the Line in The Burlington Northern and Santa Fe Railway Company— Abandonment Exemption—in Garfield and Logan Counties, OK, STB Docket No. AB–6 (Sub-No. 379X) (STB served October 27, 1998). Shortly after the NITU was issued, BNSF and ODOT entered into an interim trail use/rail banking agreement pursuant to the National Trails System Act, 16 U.S.C. 1247(d). Montoff, ODOT, and BNSF have now reached an agreement that would return the Line to active rail service. Pursuant to that agreement, Montoff and ODOT simultaneously filed with this notice of exemption a joint motion requesting that the Board vacate the existing NITU and issue a replacement NITU permitting Montoff to substitute for ODOT as interim trail manager for the Line. Montoff states that it intends to reactivate rail service, but that this cannot be done until necessary track and bridge rehabilitation work is completed. BNSF, in a pleading submitted in this docket on February 23, 2010, supports Montoff’s filing and states that it consents to the substitution of Montoff in lieu of ODOT as interim trail manager for the Line but only if the Board first accepts Montoff’s filing in this docket. This notice of exemption and the procedure proposed by Montoff is being accepted to facilitate the return of this rail-banked line to active rail service in a timely fashion.2 1 Montoff filed the notice of exemption on February 17, 2010, and a correction of the mileposts 2 days later. Accordingly, February 19, 2010, is the official filing date. 2 A more appropriate approach to achieve this result would be to file a petition to vacate a NITU PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 10341 Before Montoff may begin operating the Line, it will need to obtain a decision vacating the NITU in STB Docket No. AB–6 (Sub-No. 379X), and, if necessary the operator will have to obtain authority to operate the Line. Montoff states that it expects this acquisition transaction to be consummated on or after March 18, but no later than March 25, 2010. The earliest this transaction may be consummated is March 21, 2010, the effective date of the exemption (30 days after the notice of exemption was officially filed). 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 no later than March 12, 2010. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35354, 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 Charles H. Montange, 426 NW. 162nd Street, Seattle, WA 98177. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: March 2, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–4745 Filed 3–4–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its and an appropriate petition or notice of exemption to acquire and operate the line at issue. E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Page 10341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4745]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35354]


Montoff Transportation Company, LLC--Acquisition Exemption--BNSF 
Railway Company

    Montoff Transportation Company, LLC (Montoff), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from BNSF Railway Company (BNSF) its right to reactivate rail service 
on a 42.80-mile rail-banked line (Line) between milepost 73.60 near 
Fairmont and milepost 116.40 near Guthrie, in Garfield and Logan 
Counties, OK.\1\
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    \1\ Montoff filed the notice of exemption on February 17, 2010, 
and a correction of the mileposts 2 days later. Accordingly, 
February 19, 2010, is the official filing date.
---------------------------------------------------------------------------

    The notice of exemption relates back to the Decision and Notice of 
Interim Trail Use or Abandonment (NITU) that the Board, at the request 
of BNSF and the Oklahoma Department of Transportation (ODOT), issued 
for the Line in The Burlington Northern and Santa Fe Railway Company--
Abandonment Exemption--in Garfield and Logan Counties, OK, STB Docket 
No. AB-6 (Sub-No. 379X) (STB served October 27, 1998). Shortly after 
the NITU was issued, BNSF and ODOT entered into an interim trail use/
rail banking agreement pursuant to the National Trails System Act, 16 
U.S.C. 1247(d).
    Montoff, ODOT, and BNSF have now reached an agreement that would 
return the Line to active rail service. Pursuant to that agreement, 
Montoff and ODOT simultaneously filed with this notice of exemption a 
joint motion requesting that the Board vacate the existing NITU and 
issue a replacement NITU permitting Montoff to substitute for ODOT as 
interim trail manager for the Line. Montoff states that it intends to 
reactivate rail service, but that this cannot be done until necessary 
track and bridge rehabilitation work is completed. BNSF, in a pleading 
submitted in this docket on February 23, 2010, supports Montoff's 
filing and states that it consents to the substitution of Montoff in 
lieu of ODOT as interim trail manager for the Line but only if the 
Board first accepts Montoff's filing in this docket. This notice of 
exemption and the procedure proposed by Montoff is being accepted to 
facilitate the return of this rail-banked line to active rail service 
in a timely fashion.\2\
---------------------------------------------------------------------------

    \2\ A more appropriate approach to achieve this result would be 
to file a petition to vacate a NITU and an appropriate petition or 
notice of exemption to acquire and operate the line at issue.
---------------------------------------------------------------------------

    Before Montoff may begin operating the Line, it will need to obtain 
a decision vacating the NITU in STB Docket No. AB-6 (Sub-No. 379X), 
and, if necessary the operator will have to obtain authority to operate 
the Line.
    Montoff states that it expects this acquisition transaction to be 
consummated on or after March 18, but no later than March 25, 2010. The 
earliest this transaction may be consummated is March 21, 2010, the 
effective date of the exemption (30 days after the notice of exemption 
was officially filed).
    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 no later than March 12, 2010.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35354, 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 Charles H. Montange, 426 NW. 
162nd Street, Seattle, WA 98177.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: March 2, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-4745 Filed 3-4-10; 8:45 am]
BILLING CODE 4915-01-P

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