Central Illinois Railroad Company-Discontinuance of Service Exemption-in Cook County, IL, 51159-51160 [2010-20400]

Download as PDF Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 12, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–20438 Filed 8–17–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35400] sroberts on DSKD5P82C1PROD with NOTICES B. Robert DeMento, Jr., and Baggio Herman DeMento—Continuance in Control Exemption—BDB Company and Swanson Rail Transfer, L.P. B. Robert DeMento, Jr., and Baggio Herman DeMento (DeMento Brothers), noncarrier partners, have filed a verified notice of exemption to continue in control of BDB Company (BDB) and Swanson Rail Transfer, L.P. (SRT), upon their becoming Class III rail carriers. The DeMento Brothers do not currently control any rail carriers. This transaction may not be consummated until September 1, 2010 (30 days after the notice of exemption was filed). This transaction is related to two other transactions for which notices of exemption have been simultaneously filed: Docket No. FD 35398, BDB Company—Acquisition Exemption— Consolidated Rail Corporation, in which BDB seeks Board approval to acquire from Consolidated Rail Corporation certain rail property in Philadelphia, Pa.; and Docket No. FD 35399, Swanson Rail Transfer, L.P.—Lease and Operation Exemption—BDB Company, in which SRT seeks Board approval to acquire that same property by lease from BDB and to operate the property. The DeMento Brothers state that: (i) Because BDB will be a non-operating carrier and the railroads will not connect with each other, (ii) the transaction is not a part of a series of anticipated transactions that would connect any of these railroads with one another or any other railroad, and (iii) the transaction does not involve a Class I railroad. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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 transaction. Petitions for stay must be filed no later than August 25, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35400, 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 John F. McHugh, 6 Water Street, New York, NY 10004. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 12, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–20543 Filed 8–17–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1066 (Sub-No. 2X)] Central Illinois Railroad Company— Discontinuance of Service Exemption—in Cook County, IL On July 29, 2010, Central Illinois Railroad Company (CIRY) filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue service over approximately 5.9 miles of main line track and approximately 12.47 miles of sidetrack owned by BNSF Railway Company (BNSF).1 The lines are referred to as the Lumber District and the Illinois Northern Line and are located in the vicinity of BNSF’s Western Avenue Yard in Chicago, Cook County, IL.2 The lines traverse U.S. 1 CIRY was authorized to lease from BNSF and operate the lines in the year 2000. See The Cent. Ill. R.R.—Lease and Operation Exemption—Lines of The Burlington N. and Santa Fe Ry. at Chicago, Cook County, Ill., FD 33960 (STB served Dec. 5, 2000). 2 The Lumber District is located between a point 300 feet south of the point of the frog on BNSF’s PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 51159 Postal Service Zip Codes 60608 and 60616, and include no stations. The lease agreement between BNSF and CIRY was scheduled to expire in November 2010, but the parties recently reached an agreement whereby the lease would terminate at the close of business on August 9, 2010. CIRY states that, on August 10, 2010, BNSF would resume providing rail service on the lines. According to CIRY, the lines do not contain any federally granted rights-ofway. Any documentation in CIRY’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuance of 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 16, 2010. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) to subsidize continued rail service will be due no later than 10 days after service of a decision granting the petition for exemption. Each offer must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25).3 All filings in response to this notice must refer to Docket No. AB 1066 (SubNo. 2X) and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001, and (2) Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Replies to the petition are due on or before September 7, 2010. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment and discontinuance regulations at 49 CFR crossover to the main line of the Norfolk Southern Railway Company, which point is south of the wye track that enters the west end of BNSF’s Western Avenue Yard, and the end of BNSF’s ownership at Lumber Street approximately 500 feet east of Canal Street, including trackage that extends north from Cermak Road parallel to Sangamon Street to the point of the frog at Track No. 7 even with milepost 2.0 on BNSF’s main line east of Western Avenue Yard. The Illinois Northern Line is located between a point 10 feet north of the Chicago Sanitary and Ship Canal and a point 100 feet west of the westernmost railroad diamond near 26th and Western Avenue. 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 CFR 1105.6(c)(2) and 1105.8. E:\FR\FM\18AUN1.SGM 18AUN1 51160 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices sroberts on DSKD5P82C1PROD with NOTICES 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. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of Texas: Loop 567 from FM 51 to BU 377H in Hood County, Texas. The project will include the construction of a 2.4 mile long highway that will be constructed in two phases. The interim phase will provide two travel lanes, and the ultimate phase Decided: August 12, 2010. will provide four travel lanes. The By the Board, Rachel D. Campbell, project will provide an alternate route to Director, Office of Proceedings. northern portions of Hood County Kulunie L. Cannon, without requiring traffic to traverse Clearance Clerk. historic downtown Granbury. The [FR Doc. 2010–20400 Filed 8–17–10; 8:45 am] project will use approximately 0.75 BILLING CODE 4915–01–P miles of the existing Stockton Bend Road, and the remaining section of DEPARTMENT OF TRANSPORTATION roadway (1.65 miles) will be on a new location. The actions by the Federal agencies, and the laws under which Federal Highway Administration such actions were taken, are described Notice of Final Federal Agency Actions in the June 2010 Environmental on Proposed Highway in Texas Assessment (EA) for the project, in the FHWA Finding of No Significant Impact AGENCY: Federal Highway (FONSI) issued on August 3, 2010, and Administration (FHWA), DOT. in other documents in the FHWA ACTION: Notice of limitation on claims administrative record. The EA, FONSI, for judicial review of actions by FHWA and other documents in the FHWA and other Federal Agencies. administrative record are available by SUMMARY: This notice announces actions contacting the FHWA or the Texas Department of Transportation at the taken by the FHWA and other Federal addresses provided above. agencies that are final within the This notice applies to all Federal meaning of 23 U.S.C. 139(l)(1). The agency decisions as of the issuance date actions relate to a proposed highway of this notice and all laws under which project, Loop 567 from Farm to Market such actions were taken, including but Road (FM) 51 to Business Route (BU) not limited to: 377H in Hood County, Texas. Those I. General: National Environmental actions grant licenses, permits and Policy Act [42 U.S.C. 4321–4351]; approvals for the project. Federal-Aid Highway Act [23 U.S.C. DATES: By this notice, the FHWA is 109]. advising the public of final agency II. Air: Clean Air Act [42 U.S.C. 7401– actions subject to 23 U.S.C. 139(l)(1). A 7671(q)]. claim seeking judicial review of the III. Land: Section 4(f) of the Federal agency actions on the highway Department of Transportation Act of project will be barred unless the claim 1966 [49 U.S.C. 303]. is filed on or before February 14, 2011. IV. Wildlife: Endangered Species Act If the Federal law that authorizes [16 U.S.C. 1531–1544 and Section judicial review of a claim provides a 1536], Migratory Bird Treaty Act [16 time period of less than 180 days for U.S.C. 703–712]. filing such claim, then that shorter time V. Historic and Cultural Resources: period still applies. Section 106 of the National Historic FOR FURTHER INFORMATION CONTACT: Mr. Preservation Act of 1966, as amended Salvador Deocampo. District Engineer, [16 U.S.C. 470(f) et seq.]; Archeological Texas Division, FHWA, 300 East 8th Resources Protection Act of 1977 [16 Street, Room 826, Austin, Texas 78701; U.S.C. 470(aa)–l1]; Archeological and phone number (512) 536–5950; e-mail: Historic Preservation Act [16 U.S.C. salvador.deocampo@dot.gov; FHWA 469–469(c)]. Texas Division normal business hours VI. Social and Economic: Civil Rights are 8 a.m. to 5 p.m. (central time) Act of 1964 [42 U.S.C. 2000(d)– Monday through Friday. You may also 2000(d)(1)]. VII. Wetlands and Water Resources: contact Ms. Dianna Noble, P.E., Director Clean Water Act, 33 U.S.C. 1251–1377 Environmental Affairs Division, Texas (Section 404, Section 401, Section 402, Department of Transportation, 118 E. Section 319); Rivers and Harbors Act of Riverside, Austin, Texas 78704; phone 1899 [33 U.S.C. 401–406]. number (512) 416–2734. VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 VIII. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13175 Consultation and Coordination with Indian Tribal Government; E.O. 11514 Protection and Enhancement of Environmental Quality. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(l). Issued on: August 9, 2010. Salvador Deocampo, District Engineer, Austin, Texas. [FR Doc. 2010–20218 Filed 8–17–10; 8:45 am] BILLING CODE 4910–RY–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35399] Swanson Rail Transfer, L.P.—Lease and Operation Exemption—BDB Company Swanson Rail Transfer, L.P. (SRT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease from affiliate/ noncarrier BDB Company (BDB), and operate a parcel of land, formerly known as the Swanson Rail Yard, in Philadelphia, Pa. The property is approximately 159.54 feet wide and 2,063 feet long and is located about 25 feet east of Interstate Highway 95 between Pattison Avenue and the Delaware River Port Authority right-ofway (Walt Whitman Bridge approach/ Interstate Highway 76).1 SRT will construct 2 and operate a truck-rail transfer facility on the property and provide associated rail common carrier services. This transaction is related to two other transactions for which notices of exemption have been simultaneously filed: Docket No. FD 35398, BDB Company—Acquisition Exemption— Consolidated Rail Corporation, in which BDB seeks Board approval to acquire 1 According to SRT, there are no mileposts on the property. 2 SRT states that it will, in a separate proceeding, seek Board authority to construct the transload facility and related rail infrastructure on the property. E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51159-51160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20400]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1066 (Sub-No. 2X)]


Central Illinois Railroad Company--Discontinuance of Service 
Exemption--in Cook County, IL

    On July 29, 2010, Central Illinois Railroad Company (CIRY) filed 
with the Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903 to discontinue service over approximately 
5.9 miles of main line track and approximately 12.47 miles of sidetrack 
owned by BNSF Railway Company (BNSF).\1\ The lines are referred to as 
the Lumber District and the Illinois Northern Line and are located in 
the vicinity of BNSF's Western Avenue Yard in Chicago, Cook County, 
IL.\2\ The lines traverse U.S. Postal Service Zip Codes 60608 and 
60616, and include no stations. The lease agreement between BNSF and 
CIRY was scheduled to expire in November 2010, but the parties recently 
reached an agreement whereby the lease would terminate at the close of 
business on August 9, 2010. CIRY states that, on August 10, 2010, BNSF 
would resume providing rail service on the lines.
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    \1\ CIRY was authorized to lease from BNSF and operate the lines 
in the year 2000. See The Cent. Ill. R.R.--Lease and Operation 
Exemption--Lines of The Burlington N. and Santa Fe Ry. at Chicago, 
Cook County, Ill., FD 33960 (STB served Dec. 5, 2000).
    \2\ The Lumber District is located between a point 300 feet 
south of the point of the frog on BNSF's crossover to the main line 
of the Norfolk Southern Railway Company, which point is south of the 
wye track that enters the west end of BNSF's Western Avenue Yard, 
and the end of BNSF's ownership at Lumber Street approximately 500 
feet east of Canal Street, including trackage that extends north 
from Cermak Road parallel to Sangamon Street to the point of the 
frog at Track No. 7 even with milepost 2.0 on BNSF's main line east 
of Western Avenue Yard. The Illinois Northern Line is located 
between a point 10 feet north of the Chicago Sanitary and Ship Canal 
and a point 100 feet west of the westernmost railroad diamond near 
26th and Western Avenue.
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    According to CIRY, the lines do not contain any federally granted 
rights-of-way. Any documentation in CIRY's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuance of 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 16, 2010.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to subsidize continued rail service will be due no later than 10 days 
after service of a decision granting the petition for exemption. Each 
offer must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).\3\
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    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Similarly, no environmental or historic 
documentation is required under 49 CFR 1105.6(c)(2) and 1105.8.
---------------------------------------------------------------------------

    All filings in response to this notice must refer to Docket No. AB 
1066 (Sub-No. 2X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001, and (2) Karl 
Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 
20005. Replies to the petition are due on or before September 7, 2010.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR

[[Page 51160]]

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.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-20400 Filed 8-17-10; 8:45 am]
BILLING CODE 4915-01-P