LRY, LLC D.B.A. Lake Railway-Lease and Operation Exemption-Union Pacific Railroad Company, 45010-45011 [2010-18725]

Download as PDF 45010 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices Woodward Avenue alignment as described above. LRT is an electric railway that may use shared (street) or exclusive rights-of-way with multi-car trains or single cars powered electrically by overhead wire, boarding passengers at track level or car floor level. Other refinements to the LRT alternatives will be considered as part of the Draft EIS alternatives’ evaluation process, which includes refinement of the proposed alignment, project termini, operating plans, station locations, and/ or design alternatives, such as medianrunning vs. curb-running location within the preferred alignment. While the environmental process will examine the entire 9.3 mile project, the first 3.4 miles of the project (from the Detroit River to Grand Boulevard) may be constructed and operated as an initial phase, with the remainder being constructed as a second phase. In addition to the alternatives described above, other transit alternatives identified through the public and agency scoping process will be evaluated for potential inclusion in the EIS. srobinson on DSKHWCL6B1PROD with NOTICES Possible Effects The purpose of this EIS process is to study, in a public setting, the potentially significant effects of the proposed project and its alternatives on the quality of the human environment, as well as the natural environment. The AA Study and recent reviews of the study area suggest that the impact areas of investigation for this proposed transit project include, but are not limited to: Traffic and parking; historic and cultural resources; noise and vibration; community impacts; and business impacts. Investigation will reveal if and to what degree the proposed project would affect those areas. Measures to avoid, minimize, or mitigate any adverse impacts will be identified and presented. FTA Procedures The regulations implementing NEPA, as well as provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), call for public involvement in the EIS process. Section 6002 of SAFETEA–LU (23 U.S.C. 139) requires that FTA and the City do the following: (1) Extend an invitation to other Federal and non-Federal agencies and Native American tribes that may have an interest in the proposed project to become ‘‘participating agencies;’’ (2) provide an opportunity for involvement by participating agencies and the public to help define the purpose and need for a proposed project, as well as the range VerDate Mar<15>2010 16:29 Jul 29, 2010 Jkt 220001 of alternatives for consideration in the EIS; and (3) establish a plan for coordinating public and agency participation in, and comment on, the environmental review process. Any Federal or non-Federal agency or Native American tribe interested in the proposed project that does not receive an invitation to become a participating agency should notify at the earliest opportunity the Project Manager identified above under ADDRESSES. A comprehensive public involvement program and a Coordination Plan for public and interagency involvement will be developed for the project and posted on the project’s Web site at http://www.woodwardlightrail.com. The public involvement program includes a full range of activities including maintaining the project Web site and outreach to local officials, community and civic groups, and the public. Specific activities or events for involvement will be detailed in the project’s public participation plan. Paperwork Reduction The Paperwork Reduction Act seeks, in part, to minimize the cost to the taxpayer of the creation, collection, maintenance, use, dissemination, and disposition of information. Consistent with this goal and with principles of economy and efficiency in government, it is FTA policy to limit insofar as possible distribution of complete printed sets of environmental documents. Accordingly, unless a specific written request for a complete printed set of environmental documents is received by the close of the scoping process by the Project Manager identified under ADDRESSES, FTA and its grantees will distribute only the executive summary and a Compact Disc (CD) of the complete environmental document. A complete printed set of the environmental document will be available for review at the project sponsor’s offices and elsewhere; an electronic copy of the complete environmental document will also be available on the project Web site. Other The City is expecting to seek New Starts funding for the proposed project under 49 United States Code 5309 and will, therefore, be subject to New Starts regulations (49 Code of Federal Regulations (CFR) Part 611). The New Starts regulations also require the submission of certain projectjustification and local financial commitment information to support a request to FTA for approval into the Preliminary Engineering phase of the New Starts review process. Pertinent PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 New Starts evaluation criteria will be included in the EIS. The EIS will be prepared in accordance with NEPA and its implementing regulations issued by the Council on Environmental Quality (40 CFR Parts 1500–1508) and with the FTA/Federal Highway Administration regulations ‘‘Environmental Impact and Related Procedures’’ (23 CFR Part 771). Related environmental procedures to be addressed during the NEPA process include, but are not limited to, Executive Order 12898 on Environmental Justice; Section 106 of the National Historic Preservation Act; and Section 4(f) of the DOT Act (49 U.S.C. 303). Issued on: July 23, 2010. Marisol Simon, Regional Administrator, Federal Transit Administration Region V, Chicago, Illinois. [FR Doc. 2010–18703 Filed 7–29–10; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35389] LRY, LLC D.B.A. Lake Railway—Lease and Operation Exemption—Union Pacific Railroad Company LRY, LLC D.B.A. Lake Railway (LRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Union Pacific Railroad Company (UP), and to operate 1.9 miles of UP’s Modoc Subdivision, between milepost 506.1 and a future interchange point with UP at milepost 508.0, near Perez, Cal. This transaction is related to Docket No. FD 35250, LRY, LLC D.B.A. Lake Railway—Lease and Operation Exemption—Union Pacific Railroad Company, wherein LRY filed a verified notice of exemption to lease and operate, as pertinent, a portion of UP’s Modoc Subdivision, extending from milepost 445.6, near MacArthur, Cal., to milepost 506.1, near Perez. This notice was served and published in the Federal Register on December 18, 2009 (74 FR 67,304–05) and became effective on January 1, 2010. LRY explains that the lease agreement between LRY and UP has been modified to include the additional 1.9 miles involved in this proceeding in order to allow for additional interchange headroom at Perez.1 The portions of the Modoc 1 LRY originally filed a letter with the Board on February 4, 2010, stating that the milepost designation of 506.1 near Perez was incorrect. LRY sought to substitute milepost 508.0 as the correct E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices Subdivision involved in this proceeding and in Docket No. FD 35250 had been previously leased to Modoc Railway and Land Company, LLC (MR&L), and operated by Modoc Northern Railroad Co. (MNRR). According to LRY, UP has terminated the lease with MR&L and MNRR and under terms of that lease plans to seek discontinuance authority for MNRR from the Board in the name of both MR&L and MNRR. The transaction cannot be consummated until August 14, 2010, the effective date of the exemption (30 days after the exemption was filed).2 LRY certifies that, as a result of this transaction, its projected revenues will not exceed those that would qualify it as a Class III carrier. 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 to stay must be filed by no later than August 6, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35389, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy must be served on James H. M. Savage, Of Counsel, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 27, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–18725 Filed 7–29–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35391] Gardendale Railroad, Inc.—Operation Exemption—Rail Line of Border Transload & Transfer, Inc. at Gardendale, LaSalle County, TX Gardendale Railroad, Inc. (GRI), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate a 1.86-mile line of railroad extending between milepost 107.0 and milepost 105.14 at or near Gardendale in LaSalle County, Tex. The line is owned by Crystal City Railroad, Inc. (CCR) and is currently being operated by Border Transload & Transfer, Inc. (BTT) (formerly known as Texas Railroad Switching, Inc. (TRS)).1 This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 35392, Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.—Continuance in Control Exemption—Gardendale Railroad, Inc. In that proceeding, Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse Resources, Inc., jointly have filed a verified notice of exemption to continue in control of GRI upon its becoming a Class III rail carrier. The transaction will be consummated no sooner than August 13, 2010, the effective date of the exemption (30 days after the exemption was filed). GRI certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier. 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 August 6, 2010 (at least 7 days before the exemption becomes effective). srobinson on DSKHWCL6B1PROD with NOTICES 1 In designation. However, the letter was not sufficient to amend LRY’s notice of exemption. 2 LRY’s notice of exemption stated August 7, 2010, as the date of consummation. LRY’s counsel was notified that August 14, 2010, is the effective date of the exemption and consummation cannot occur before that date. VerDate Mar<15>2010 16:29 Jul 29, 2010 Jkt 220001 1990, CCR received an exemption to acquire a 53.41-mile line of railroad and TRS received an exemption to lease and operate the line. See Crystal City R.R.—Acquisition and Operation Exemption— R.R. Switching Service of Missouri, Texas R.R. Switching—Lease and Operation Exemption— Crystal City R.R., FD 31757 (served Nov. 15, 1990). In 1995, CCR was authorized to abandon, and TSR was authorized to discontinue service over, the line with the exception of a 1.86-mile portion. See Crystal City R.R.—Aban. Exemption—in LaSalle, Zavala, and Dimmit Counties, Tex., AB 427X (served June 9, 1995), Texas R.R. Switching, Inc.— Discontinuance of Service Exemption—in LaSalle, Zavala, and Dimmit Counties, Tex., Docket No. AB 428X (served June 9, 1995). PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 45011 An original and 10 copies of all pleadings, referring to Docket No. FD 35391, 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 Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, Ill. 60604. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 23, 2010. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–18621 Filed 7–29–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision MainStreet Savings Bank, FSB, Hastings, MI; Notice of Appointment of Receiver Notice is hereby given that, pursuant to the authority contained in section 5(d)(2) of the Home Owners’ Loan Act, the Office of Thrift Supervision has duly appointed the Federal Deposit Insurance Corporation as sole Receiver for MainStreet Savings Bank, Hastings, Michigan, (OTS No. 00966) on July 16, 2010. Dated: July 23, 2010. By the Office of Thrift Supervision. Sandra E. Evans, Federal Register Liaison. [FR Doc. 2010–18612 Filed 7–29–10; 8:45 am] BILLING CODE 6720–01–M DEPARTMENT OF THE TREASURY Office of Thrift Supervision Olde Cypress Community Bank, Clewiston, FL; Notice of Appointment of Receiver Notice is hereby given that, pursuant to the authority contained in section 5(d)(2) of the Home Owners’ Loan Act, the Office of Thrift Supervision has duly appointed the Federal Deposit Insurance Corporation as sole Receiver for Olde Cypress Community Bank, Clewiston, Florida (OTS No. 02517), on July 16, 2010. Dated: July 23, 2010. E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Pages 45010-45011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18725]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35389]


LRY, LLC D.B.A. Lake Railway--Lease and Operation Exemption--
Union Pacific Railroad Company

    LRY, LLC D.B.A. Lake Railway (LRY), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Union Pacific Railroad Company (UP), and to operate 1.9 miles of UP's 
Modoc Subdivision, between milepost 506.1 and a future interchange 
point with UP at milepost 508.0, near Perez, Cal.
    This transaction is related to Docket No. FD 35250, LRY, LLC D.B.A. 
Lake Railway--Lease and Operation Exemption--Union Pacific Railroad 
Company, wherein LRY filed a verified notice of exemption to lease and 
operate, as pertinent, a portion of UP's Modoc Subdivision, extending 
from milepost 445.6, near MacArthur, Cal., to milepost 506.1, near 
Perez. This notice was served and published in the Federal Register on 
December 18, 2009 (74 FR 67,304-05) and became effective on January 1, 
2010. LRY explains that the lease agreement between LRY and UP has been 
modified to include the additional 1.9 miles involved in this 
proceeding in order to allow for additional interchange headroom at 
Perez.\1\ The portions of the Modoc

[[Page 45011]]

Subdivision involved in this proceeding and in Docket No. FD 35250 had 
been previously leased to Modoc Railway and Land Company, LLC (MR&L), 
and operated by Modoc Northern Railroad Co. (MNRR). According to LRY, 
UP has terminated the lease with MR&L and MNRR and under terms of that 
lease plans to seek discontinuance authority for MNRR from the Board in 
the name of both MR&L and MNRR.
---------------------------------------------------------------------------

    \1\ LRY originally filed a letter with the Board on February 4, 
2010, stating that the milepost designation of 506.1 near Perez was 
incorrect. LRY sought to substitute milepost 508.0 as the correct 
designation. However, the letter was not sufficient to amend LRY's 
notice of exemption.
---------------------------------------------------------------------------

    The transaction cannot be consummated until August 14, 2010, the 
effective date of the exemption (30 days after the exemption was 
filed).\2\
---------------------------------------------------------------------------

    \2\ LRY's notice of exemption stated August 7, 2010, as the date 
of consummation. LRY's counsel was notified that August 14, 2010, is 
the effective date of the exemption and consummation cannot occur 
before that date.
---------------------------------------------------------------------------

    LRY certifies that, as a result of this transaction, its projected 
revenues will not exceed those that would qualify it as a Class III 
carrier.
    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 to stay must be filed by no later than August 6, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35389, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy must be 
served on James H. M. Savage, Of Counsel, John D. Heffner, PLLC, 1750 K 
Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 27, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-18725 Filed 7-29-10; 8:45 am]
BILLING CODE 4915-01-P