City of Temple, Tex.-Acquisition Exemption-Georgetown Railroad Company, 2446-2447 [2011-639]

Download as PDF 2446 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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 (environmental report), 49 CFR 1105.8 (historic 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 this exemption, any employee adversely affected by the abandonment 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 February 11, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 24, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 1, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to BNSF’s representative: Karl Morell, 1455 F St., NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by January 14, 2011. Interested persons 3 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 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. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 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), BNSF 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 BNSF’s filing of a notice of consummation by January 12, 2012, 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 ‘‘WWW.STB.DOT.GOV.’’ Decided: January 10, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–632 Filed 1–12–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35446] City of Temple, Tex.—Acquisition Exemption—Georgetown Railroad Company Surface Transportation Board. Notice instituting proceeding; request for comments. AGENCY: ACTION: On December 15, 2010, the City of Temple, Tex. (Temple), a noncarrier, filed a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10901 to acquire from the Georgetown Railroad Company (Georgetown) an approximately 6.277mile line of railroad, between milepost 0.0, near Belton, and milepost 6.277, at Smith, in Bell County, Tex. (the line), and the trackage rights granted to Georgetown to operate over the line.1 In SUMMARY: 1 Temple has also concurrently filed a motion for protective order pursuant to 49 CFR 1104.14(b) to allow Temple to file the unredacted Purchase and Sale Agreement under seal. That motion will be addressed in a separate decision. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 a related transaction, Temple & Central Texas Railway, Inc. (TCTR), a Class III carrier, filed a verified notice of exemption under 49 CFR 1150.41 to operate over the line. That notice was served and published in the Federal Register on December 10, 2010 (75 FR 77,044). Temple & Central Tex. Ry.— Operation Exemption—City of Temple, Tex., FD 35447 (STB served Dec. 10, 2010). The Board seeks comments from interested persons on Temple’s request to acquire the line. DATES: Written comments must be filed with the Board by February 2, 2011. Replies must be filed by February 9, 2011. ADDRESSES: Comments may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions at the E-FILING link on the Board’s Web site, at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: Docket No. FD 35446, 395 E Street, SW., Washington, DC 20423– 0001. In addition, send one copy of any comments to Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. FOR FURTHER INFORMATION CONTACT: Julia Farr at 202–245–0359. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. SUPPLEMENTARY INFORMATION: On December 15, 2010, Temple filed a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10901 to acquire the line. Previously Temple had filed a notice of exemption to acquire and operate over the line.2 Temple stated in that notice that the purpose of the acquisition was to construct a pipeline underneath the right-of-way and subsequently convert the line into a trail under the National Trails System Act, 16 U.S.C. 1247(d). The Director of the Office of Proceedings stated in the April 23 notice that the Board has found that acquiring a line for the purpose of abandoning rather than operating over it constitutes a misuse of Board procedures. Accordingly, Temple’s notice was rejected without prejudice. Subsequently, Temple entered into an agreement with TCTR, which operates 2 City of Temple, Tex.—Acquisition and Operation Exemption—Georgetown R.R. Co., FD 35369 (STB served Apr. 23, 2010) (April 23 notice). E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices other railroad lines owned by Temple, to operate over the line. Temple states that its agreement with TCTR requires that TCTR solicit business over the line and to provide common carrier service for remunerative business. Temple states that in the event TCTR is unable to provide service over the line, Temple will assume the residual common carrier obligation to provide service. Temple requests expedited action on its petition. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). Decided: January 10, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–639 Filed 1–12–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF VETERANS AFFAIRS Gulf War and Health, Volume 6, Physiologic, Psychologic, and Psychosocial Effects of DeploymentRelated Stress Department of Veterans Affairs. Notice. AGENCY: ACTION: As required by law, the Department of Veterans Affairs (VA) hereby gives notice that the Secretary of Veterans Affairs, under the authority granted by the Persian Gulf War Veterans Act of 1998, Public Law 105–277, title XVI, 112 Stat. 2681–742 through 2681–749 (codified at 38 U.S.C. 1118), has determined that there is no basis to establish any new presumptions of service connection at this time for any of the diseases, illnesses, or health effects discussed in the November 15, 2007, National Academy of Sciences (NAS) report titled, ‘‘Gulf War and Health, Volume 6, Physiologic, Psychologic, and Psychosocial Effects of Deployment-Related Stress.’’ This determination does not in any way preclude VA from granting service connection on a direct basis for any disease, including those specifically discussed in this notice, nor does it change any existing rights or procedures. srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Gerald Johnson, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, telephone (202) VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 461–9727. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: I. Statutory Requirements The Persian Gulf War Veterans Act of 1998, Public Law 105–277, title XVI, 112 Stat. 2681–742 through 2681–749 (codified at 38 U.S.C. 1118), and the Veterans Programs Enhancement Act of 1998, Public Law 105–368, 112 Stat. 3315, directed the Secretary to enter into an agreement with NAS to review and evaluate the available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines to which service members may have been exposed during service in the Southwest Asia theater of operations during the Persian Gulf War. Congress prescribed the inquiry it expected NAS to carry out in the event such an agreement was reached. Congress directed NAS to identify agents, hazards, medicines, and vaccines to which service members may have been exposed during the Persian Gulf War. Congress mandated that NAS determine, to the extent possible: (1) Whether there is a statistical association between exposure to the agent, hazard, medicine, or vaccine and the illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology used to detect the association; (2) the increased risk of illness among individuals exposed to the agent, hazard, medicine or vaccine; and (3) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the agent, hazard, medicine, or vaccine and the illness. Public Law 105–277, 112 Stat. 2681–747. II. NAS Reports and VA Action In 1998, NAS began a program to examine the scientific and medical literature on the potential health effects of specific agents and hazards to which Gulf War veterans might have been exposed during their deployment. Five reports have examined health outcomes related to: Depleted uranium, pyridostigmine bromide, sarin, and vaccines (Volume 1); insecticides and solvents (Volume 2); fuels, combustion products, and propellants (Volume 3); health effects of serving in the Gulf War irrespective of exposure information (Volume 4); and infectious diseases (Volume 5). Among the 700,000 U.S. military personnel deployed to the theater, many veterans have reported chronic symptoms and illnesses that PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 2447 they have attributed to their service in the Gulf. Upon receipt of each NAS report, VA must determine whether a presumption of service connection is warranted for any disease or illness discussed in the report. The statute provides that a presumption of service connection is warranted if VA determines that there is a positive association (i.e., the credible evidence for an association is equal to or outweighs the credible evidence against an association) between exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations during the Persian Gulf War and the occurrence of a diagnosed or undiagnosed illness in humans or animals. 38 U.S.C. 1118(b). If the Secretary determines that a presumption of service connection is not warranted, he is to publish a notice of that determination, including an explanation of the scientific basis for that determination. 38 U.S.C. 1118(c)(3)(A). III. NAS Report: ‘‘Gulf War and Health, Volume 6, Physiologic, Psychologic, and Psychosocial Effects of Deployment-Related Stress In ‘‘Gulf War & Health, Volume 6, Physiologic, Psychologic, and Psychosocial Effects of DeploymentRelated Stress,’’ available at http:// www.nap.edu/ catalog.php?record_id=11922 (accessed September 2, 2010), NAS evaluated the association between deployment-related stress and long-term adverse health effects for veterans deployed to the Persian Gulf and the Middle East to include not only veterans of the 1990– 1991 Gulf War, but also veterans returning from Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF). This study was conducted at the request of VA to determine the possibility of an association between exposure to deployment-related stressors in the Gulf War and long-term adverse health effects. The NAS committee reviewed published and peer-reviewed scientific and medical literature to characterize and weigh the strengths and limitations of the available evidence regarding the association between deployment to a war zone and specific adverse health effects. The committee considered studies of veterans of World War II, the Korean War, the Vietnam War, and the 1991 Gulf War. E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2446-2447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-639]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35446]


City of Temple, Tex.--Acquisition Exemption--Georgetown Railroad 
Company

AGENCY: Surface Transportation Board.

ACTION: Notice instituting proceeding; request for comments.

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SUMMARY: On December 15, 2010, the City of Temple, Tex. (Temple), a 
noncarrier, filed a petition under 49 U.S.C. 10502 for exemption from 
the provisions of 49 U.S.C. 10901 to acquire from the Georgetown 
Railroad Company (Georgetown) an approximately 6.277-mile line of 
railroad, between milepost 0.0, near Belton, and milepost 6.277, at 
Smith, in Bell County, Tex. (the line), and the trackage rights granted 
to Georgetown to operate over the line.\1\ In a related transaction, 
Temple & Central Texas Railway, Inc. (TCTR), a Class III carrier, filed 
a verified notice of exemption under 49 CFR 1150.41 to operate over the 
line. That notice was served and published in the Federal Register on 
December 10, 2010 (75 FR 77,044). Temple & Central Tex. Ry.--Operation 
Exemption--City of Temple, Tex., FD 35447 (STB served Dec. 10, 2010). 
The Board seeks comments from interested persons on Temple's request to 
acquire the line.
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    \1\ Temple has also concurrently filed a motion for protective 
order pursuant to 49 CFR 1104.14(b) to allow Temple to file the 
unredacted Purchase and Sale Agreement under seal. That motion will 
be addressed in a separate decision.

DATES: Written comments must be filed with the Board by February 2, 
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2011. Replies must be filed by February 9, 2011.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. FD 35446, 395 E Street, SW., Washington, DC 20423-0001.
    In addition, send one copy of any comments to Louis E. Gitomer, Law 
Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, 
MD 21204.

FOR FURTHER INFORMATION CONTACT: Julia Farr at 202-245-0359. Assistance 
for the hearing impaired is available through the Federal Information 
Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On December 15, 2010, Temple filed a 
petition under 49 U.S.C. 10502 for exemption from the provisions of 49 
U.S.C. 10901 to acquire the line. Previously Temple had filed a notice 
of exemption to acquire and operate over the line.\2\ Temple stated in 
that notice that the purpose of the acquisition was to construct a 
pipeline underneath the right-of-way and subsequently convert the line 
into a trail under the National Trails System Act, 16 U.S.C. 1247(d). 
The Director of the Office of Proceedings stated in the April 23 notice 
that the Board has found that acquiring a line for the purpose of 
abandoning rather than operating over it constitutes a misuse of Board 
procedures. Accordingly, Temple's notice was rejected without 
prejudice. Subsequently, Temple entered into an agreement with TCTR, 
which operates

[[Page 2447]]

other railroad lines owned by Temple, to operate over the line. Temple 
states that its agreement with TCTR requires that TCTR solicit business 
over the line and to provide common carrier service for remunerative 
business. Temple states that in the event TCTR is unable to provide 
service over the line, Temple will assume the residual common carrier 
obligation to provide service. Temple requests expedited action on its 
petition.
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    \2\ City of Temple, Tex.--Acquisition and Operation Exemption--
Georgetown R.R. Co., FD 35369 (STB served Apr. 23, 2010) (April 23 
notice).
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    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b).

    Decided: January 10, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-639 Filed 1-12-11; 8:45 am]
BILLING CODE 4915-01-P