Soo Line Railroad Company-Discontinuance of Trackage Rights Exemption-in Wayne, Washtenaw, Oakland, Livingston, Ingham, Clinton, Eaton, Barry, Ionia, Kent, Ottawa, Allegan, Van Buren, and Berrien Counties, MI, LaPorte, Porter, and Lake Counties, IN, and Cook County, IL, 37878 [2010-15817]

Download as PDF 37878 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Notices February 16. The FHWA received no comments in response to the notice which suggests that the seismic isolation bearings may not be available domestically. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for the seismic isolation bearing. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers for the seismic isolation bearing. In accordance with the provisions of section 117 of the SAFETEA—LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat.1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the Washington waiver page noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410) Issued on: June 23, 2010. Victor M. Mendez, Administrator. [FR Doc. 2010–15799 Filed 6–29–10; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 57 (Sub-No. 59X)] Soo Line Railroad Company— Discontinuance of Trackage Rights Exemption—in Wayne, Washtenaw, Oakland, Livingston, Ingham, Clinton, Eaton, Barry, Ionia, Kent, Ottawa, Allegan, Van Buren, and Berrien Counties, MI, LaPorte, Porter, and Lake Counties, IN, and Cook County, IL mstockstill on DSKH9S0YB1PROD with NOTICES Soo Line Railroad Company (Soo Line) 1 has filed a verified notice of exemption under 49 CFR Part 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to discontinue its overhead trackage rights over approximately 298 miles of rail line owned and/or operated by CSX Transportation, Inc. (CSXT) extending between Chicago, Ill., and Rougemere Yard in Dearborn Mich.2 The Line 1 Soo Line is a wholly owned indirect subsidiary of Canadian Pacific Railway Company. 2 Soo Line acquired those overhead trackage from CSXT’s predecessor, the Chesapeake and Ohio Railway Company, pursuant to an agreement dated July 16, 1985. See Soo Line R.R..—Joint Use of Lines—Chesapeake and Ohio Ry., Docket No. FD 30703 (ICC served Sept. 10, 1986). On June 15, 2010, CSXT submitted a letter stating that it VerDate Mar<15>2010 16:53 Jun 29, 2010 Jkt 220001 traverses the following United States Postal Service Zip Codes: In Michigan 48120, 48126, 48228, 48239, 48150, 48170, 48168, 48167, 48178, 48116, 48843, 48855, 48836, 48892, 48895, 48864, 48823, 48912, 48906, 48837, 48861, 48890, 48849, 48815, 49302, 49301, 49512, 49508, 49507, 49503, 49509, 49519, 49518, 49428, 49426, 49464, 49424, 49423, 49419, 49408, 49450, 49056, 49027, 49013, 49057, 49098, 49038, 49022, 49085, 49127, 49106, 49125, 49128, 49116, 49129, and 49117; in Indiana 46360, 46304, 46368, 46403, 46402, 46406, 46312, and 46394; and in Illinois 60131, 60171, 60707, 60639, 60651, 60644, 60624, 60623, 60632, 60629, 60652, 60636, 60621, 60620, 60619, and 60617. Soo has certified that: (1) No local traffic has moved over the line via Soo Line’s overhead trackage rights for at least 2 years; (2) any Soo Line overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of Soo Line’s overhead trackage rights service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad–Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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, this exemption will be effective on July 30, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2) 3 must be filed by July supports the discontinuance of service over the 298 miles of line by Soo Line and that CSXT and Soo Line have agreed to terminate that agreement. CSXT states that it has provided local and overhead service during the term of the agreement and will continue to do so after Soo Line discontinues its overhead service on the line. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 12, 2010.4 Petitions to reopen must be filed by July 20, 2010, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to Soo Line’s representative: Terence M. Hynes, Sidley Austin LLP, 1501 K Street, NW., Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: June 24, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–15817 Filed 6–29–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 326. SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed local roadway project, a pedestrian overcrossing spanning Ted Williams Parkway on Shoal Creek Drive in the County of San Diego, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before December 27, 2010. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then the shorter time period still applies. 4 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Page 37878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15817]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 57 (Sub-No. 59X)]


Soo Line Railroad Company--Discontinuance of Trackage Rights 
Exemption--in Wayne, Washtenaw, Oakland, Livingston, Ingham, Clinton, 
Eaton, Barry, Ionia, Kent, Ottawa, Allegan, Van Buren, and Berrien 
Counties, MI, LaPorte, Porter, and Lake Counties, IN, and Cook County, 
IL

    Soo Line Railroad Company (Soo Line) \1\ has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue its overhead 
trackage rights over approximately 298 miles of rail line owned and/or 
operated by CSX Transportation, Inc. (CSXT) extending between Chicago, 
Ill., and Rougemere Yard in Dearborn Mich.\2\ The Line traverses the 
following United States Postal Service Zip Codes: In Michigan 48120, 
48126, 48228, 48239, 48150, 48170, 48168, 48167, 48178, 48116, 48843, 
48855, 48836, 48892, 48895, 48864, 48823, 48912, 48906, 48837, 48861, 
48890, 48849, 48815, 49302, 49301, 49512, 49508, 49507, 49503, 49509, 
49519, 49518, 49428, 49426, 49464, 49424, 49423, 49419, 49408, 49450, 
49056, 49027, 49013, 49057, 49098, 49038, 49022, 49085, 49127, 49106, 
49125, 49128, 49116, 49129, and 49117; in Indiana 46360, 46304, 46368, 
46403, 46402, 46406, 46312, and 46394; and in Illinois 60131, 60171, 
60707, 60639, 60651, 60644, 60624, 60623, 60632, 60629, 60652, 60636, 
60621, 60620, 60619, and 60617.
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    \1\ Soo Line is a wholly owned indirect subsidiary of Canadian 
Pacific Railway Company.
    \2\ Soo Line acquired those overhead trackage from CSXT's 
predecessor, the Chesapeake and Ohio Railway Company, pursuant to an 
agreement dated July 16, 1985. See Soo Line R.R..--Joint Use of 
Lines--Chesapeake and Ohio Ry., Docket No. FD 30703 (ICC served 
Sept. 10, 1986). On June 15, 2010, CSXT submitted a letter stating 
that it supports the discontinuance of service over the 298 miles of 
line by Soo Line and that CSXT and Soo Line have agreed to terminate 
that agreement. CSXT states that it has provided local and overhead 
service during the term of the agreement and will continue to do so 
after Soo Line discontinues its overhead service on the line.
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    Soo has certified that: (1) No local traffic has moved over the 
line via Soo Line's overhead trackage rights for at least 2 years; (2) 
any Soo Line overhead traffic can be rerouted over other lines; (3) no 
formal complaint filed by a user of Soo Line's overhead trackage rights 
service on the line (or by a state or local government entity acting on 
behalf of such user) regarding cessation of service over the line 
either is pending with the Board or with any U.S. District Court or has 
been decided in favor of complainant within the 2-year period; and (4) 
the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad-Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 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, this exemption will be 
effective on July 30, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \3\ must be filed by July 12, 2010.\4\ Petitions 
to reopen must be filed by July 20, 2010, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to Soo 
Line's representative: Terence M. Hynes, Sidley Austin LLP, 1501 K 
Street, NW., Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: June 24, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-15817 Filed 6-29-10; 8:45 am]
BILLING CODE 4915-01-P

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