Norfolk Southern Railway Company-Abandonment Exemption-in Polk County, IA; Iowa Interstate Railroad-Discontinuance of Service Exemption-in Polk County, IA, 64392-64393 [2010-26234]

Download as PDF 64392 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 14. On a separate page, the names, addresses, telephone and fax numbers of three individuals willing to provide information concerning the applicant’s qualifications for service, including the applicant’s character, reputation, reliability, judgment, and familiarity with international trade law. information was approved by OMB under OMB Control Number 0350–0014. Please send comments regarding the collection of information burden or any other aspect of the information collection to USTR at the above e-mail address or fax number. Current Roster Members and Prior Applicants Current members of the Chapter 19 roster who remain interested in inclusion on the Chapter 19 roster must submit updated applications. Individuals who have previously applied but have not been selected may reapply. 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They may be referred to other federal agencies in the course of determining eligibility for the roster, and shared with foreign governments and the NAFTA Secretariat in the course of panel selection. mstockstill on DSKH9S0YB1PROD with NOTICES False Statements Pursuant to section 402(c)(5) of the NAFTA Implementation Act, false statements by applicants regarding their personal or professional qualifications, or financial or other relevant interests that bear on the applicants’ suitability for placement on the Chapter 19 roster or for appointment to binational panels, are subject to criminal sanctions under 18 U.S.C. 1001. Paperwork Reduction Act This notice contains a collection of information provision subject to the Paperwork Reduction Act (‘‘PRA’’) that has been approved by the Office of Management and Budget (‘‘OMB’’). 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[FR Doc. 2010–26302 Filed 10–18–10; 8:45 am] BILLING CODE 3190–W1–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 322X); Docket No. AB 414 (Sub-No. 5X)] Norfolk Southern Railway Company— Abandonment Exemption—in Polk County, IA; Iowa Interstate Railroad— Discontinuance of Service Exemption—in Polk County, IA Norfolk Southern Railway Company (NSR) and Iowa Interstate Railroad (IAIS) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service for NSR to abandon, and for IAIS to discontinue service over, a 1.70-mile line of railroad between milepost DU 353.00 and milepost DU 354.70, in Grimes, Polk County, Iowa.1 The line traverses 1 In 1995, IAIS was authorized to lease and operate 13.9 miles of rail line owned by Norfolk and PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 United States Postal Service Zip Code 50111. Applicants have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail 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 Surface Transportation Board (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 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad & The Union Pacific 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, these exemptions will be effective on November 18, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 29, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 8, 2010, with: Surface Transportation Board, 395 E Western Railway Company (NSR’s predecessor), including the segment at issue here. Iowa Interstate R.R.—Lease and Operation Exemption—Norfolk and W. Ry., FD 32731 (ICC served Oct. 13, 1995). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the abandonment exemption’s effective date. See Exemption of Outof-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicants’ representatives: (1) Daniel G. Kruger, Attorney, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510; and (2) Lanny M. Van Daele, Corporate Counsel, Iowa Interstate Railroad, Ltd., 5900 6th Street, SW., Cedar Rapids, IA 52404. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a joint combined environmental and historic report, which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 22, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA, at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR’s filing of a notice of consummation by October 19, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: October 12, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–26234 Filed 10–18–10; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 16:24 Oct 18, 2010 Jkt 223001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program for Chicago Executive Airport, Prospect Heights and Wheeling, IL Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program (NCP) submitted by the Chicago Executive Airport Board of Directors for Chicago Executive Airport under the provisions of 49 U.S.C. 47501 et seq. (the Aviation Safety and Noise Abatement Act, herein referred to as ‘‘the Act’’) and 14 CFR part 150. On March 1, 2010, the FAA determined that the noise exposure maps submitted by Chicago Executive Airport Board of Directors for Chicago Executive Airport were in compliance with applicable requirements. On September 30, 2010, the FAA approved the Chicago Executive Airport noise compatibility program. Twenty-one of the twentyseven recommendations of the program were approved. DATES: Effective Date: The effective date of the FAA’s approval of the Chicago Executive Airport noise compatibility program is September 30, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Amy Hanson, Environmental Protection Specialist, CHI–603, Federal Aviation Administration, Chicago Airport District Office, 2300 East Devon Avenue, Des Plaines, IL 60018. Telephone number: 847–294–7354. Documents reflecting this FAA action may also be reviewed at this same location. SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given its approval to the Noise Compatibility Program for Chicago Executive Airport, effective October 1, 2010. The Chicago Executive Airport Board of Directors for Chicago Executive Airport submitted to the FAA the noise exposure maps, descriptions, and other documentation produced during the noise compatibility study. The Chicago Executive Airport noise exposure maps were determined by the FAA to be in compliance with applicable requirements on March 1, 2010. Notice of this determination was published in the Federal Register on March 12, 2010, Volume 75, Number 48, pages 11990 and 11991. Under section 47504 of the Act, an airport operator who has previously SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 64393 submitted a noise exposure map may submit to the FAA a noise compatibility program which sets forth the measures taken or proposed by the airport operator for the reduction of existing non-compatible land uses and prevention of additional non-compatible land uses within the area covered by the noise exposure maps. The Act requires such programs to be developed in consultation with interested and affected parties including local communities, government agencies, airport users, and FAA personnel. Each airport noise compatibility program developed in accordance with Federal Aviation Regulations (FAR) Part 150 is a local program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measures should be recommended for action. The FAA’s approval or disapproval of FAR Part 150 program recommendations is measured according to the standards expressed in Part 150 of the Act and is limited to the following determinations: a. The noise compatibility program was developed in accordance with the provisions and procedures of FAR Part 150; b. Program measures are reasonably consistent with achieving the goals of reducing existing non-compatible land uses around the airport and preventing the introduction of additional noncompatible land uses; c. Program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical uses, violate the terms of airport grants agreements, or intrude into areas preempted by the Federal Government; and d. Program measures relating to the use of flight procedures can be implemented within the period covered by the program without derogating safety, adversely affecting the efficient use of navigable airspace and air traffic control systems, or adversely affecting other powers and responsibilities of the Administrator prescribed by law. The submitted program included twenty-seven proposed actions for noise mitigation on and off the airport, as applicable. The FAA completed is review and determined that the procedural and substantive requirements of the Act and FAR Part 150 have been satisfied. On October 1, 2010, the FAA approved the Chicago Executive Airport noise compatibility program. Twentyone of the twenty-seven recommendations of the program were approved. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64392-64393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26234]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 322X); Docket No. AB 414 (Sub-No. 5X)]


Norfolk Southern Railway Company--Abandonment Exemption--in Polk 
County, IA; Iowa Interstate Railroad--Discontinuance of Service 
Exemption--in Polk County, IA

    Norfolk Southern Railway Company (NSR) and Iowa Interstate Railroad 
(IAIS) (collectively, applicants) have jointly filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service for NSR to abandon, and for IAIS to 
discontinue service over, a 1.70-mile line of railroad between milepost 
DU 353.00 and milepost DU 354.70, in Grimes, Polk County, Iowa.\1\ The 
line traverses United States Postal Service Zip Code 50111.
---------------------------------------------------------------------------

    \1\ In 1995, IAIS was authorized to lease and operate 13.9 miles 
of rail line owned by Norfolk and Western Railway Company (NSR's 
predecessor), including the segment at issue here. Iowa Interstate 
R.R.--Lease and Operation Exemption--Norfolk and W. Ry., FD 32731 
(ICC served Oct. 13, 1995).
---------------------------------------------------------------------------

    Applicants have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) no overhead traffic has moved over 
the line for at least 2 years and overhead traffic, if there were any, 
could be rerouted over other lines; (3) no formal complaint filed by a 
user of rail 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 Surface Transportation Board 
(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 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or discontinuance shall be protected under Oregon 
Short Line Railroad & The Union Pacific 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, these exemptions will be 
effective on November 18, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
October 29, 2010. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 8, 2010, 
with: Surface Transportation Board, 395 E

[[Page 64393]]

Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the abandonment exemption's 
effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 
377 (1989). Any request for a stay should be filed as soon as 
possible so that the Board may take appropriate action before the 
exemption's effective date.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: (1) Daniel G. Kruger, Attorney, Norfolk 
Southern Railway Company, Three Commercial Place, Norfolk, VA 23510; 
and (2) Lanny M. Van Daele, Corporate Counsel, Iowa Interstate 
Railroad, Ltd., 5900 6th Street, SW., Cedar Rapids, IA 52404.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a joint combined environmental and historic 
report, which addresses the effects, if any, of the abandonment and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by October 22, 2010. Interested 
persons may obtain a copy of the EA by writing to OEA (Room 1100, 
Surface Transportation Board, Washington, DC 20423-0001) or by calling 
OEA, at (202) 245-0305. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by NSR's filing of a notice of 
consummation by October 19, 2011, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: October 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-26234 Filed 10-18-10; 8:45 am]
BILLING CODE 4915-01-P

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