Alabama & Florida Railway Co., Inc.-Abandonment Exemption-in Geneva, Coffee, and Covington Counties, Ala., 48941-48942 [2011-20173]

Download as PDF Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices Issued on: August 4, 2011. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2011–20294 Filed 8–5–11; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2011–0055] sroberts on DSK5SPTVN1PROD with NOTICES Notification of Petition for Approval; Product Safety Plan In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated May 23, 2011, the Marquette Rail, LLC (Marquette) has petitioned the Federal Railroad Administration (FRA) approval of a Product Safety Plan (PSP) submitted pursuant to 49 CFR part 236, subpart H. FRA assigned the petition Docket Number FRA–2011–0055. Marquette submitted a petition for approval of a PSP for the Railsoft TrackAccess System. The TrackAccess System is a processor-based dispatch system developed to be operated in the autonomous mode (without dispatcher intervention) for low density lines. The system provides a processor-based methodology of requesting and issuing track authority to either qualified train crewmembers or roadway workers, and to do so while significantly improving safety of train operations, roadway workers, and other railway equipment, while also increasing railroad productivity. Marquette asserts the PSP demonstrates that the TrackAccess System has been designed in a highly safe manner, and has been sufficiently tested to verify that fact. The PSP provides descriptions of the TrackAccess System itself. A copy of the petition, as well as any written communications concerning the petition, is available for review online at https://www.regulations.gov and in person at the Department of Transportation’s Docket Operations Facility, 1200 New Jersey Ave., SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they VerDate Mar<15>2010 19:06 Aug 08, 2011 Jkt 223001 should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received by September 8, 2011 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or online at https://www.dot.gov/ privacy.html. 48941 Alabama & Florida Railway Co., Inc.— Abandonment Exemption—in Geneva, Coffee, and Covington Counties, Ala. traverses United States Postal Service Zip Codes 36340, 36420, 36421, 36453, 36467, and 36477. A&F has certified that: (1) No local traffic has moved over the line for at least 2 years; 1 (2) there is no overhead traffic on the line that has been, or would need to be, rerouted as a result of the proposed abandonment; (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. Where, as here, the carrier is abandoning a line that constitutes its entire rail system, the Board does not normally impose labor protection under 49 U.S.C. 10502(g), unless the evidence indicates the existence of: (1) A corporate affiliate that will continue substantially similar rail operations; or (2) a corporate parent that will realize substantial financial benefits over and above relief from the burden of deficit operations by its subsidiary railroad. See Honey Creek R.R.—Aban. Exemption—in Henry Cnty., Ind., AB 865X (STB served Aug. 20, 2004); Wellsville, Addison & Galeton R.R.— Aban. of Entire Line in Potter & Tioga Cntys., Pa., 354 I.C.C. 744 (1978); and Northampton & Bath R.R.—Aban. Near Northampton & Bath Junction in Northampton Cnty, Pa., 354 I.C.C. 784 (1978). Because A&F does not appear to have a corporate affiliate or parent that will continue similar operations or that could benefit from the proposed abandonment, employee protection conditions will not be imposed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 8, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental Alabama & Florida Railway Co., Inc. (A&F) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon its line of railroad between milepost 581.3 at Andalusia, Ala., and milepost 624.2 at Geneva, Ala., a distance of 42.9 miles, in Geneva, Coffee and Covington Counties, Ala. The line constitutes A&F’s entire rail system and 1 A&F states that during the past 2 years, there has been no local common carrier service provided over the line nor have there been any requests for common carrier service during that period, but portions of the line have been used for purposes of freight car storage. A&F asserts that movement of its empty rail cars for storage does not disqualify A&F from the use of the notice of exemption process to obtain abandonment authority for the line. See Ind. Sw. Ry.—Aban. Exemption—in Posey and Vanderburgh Cntys., Ind., AB 1065X, slip op. at 1 n. 1 (STB served Dec. 23, 2010). Issued in Washington, DC on August 2, 2011. Robert C. Lauby, Deputy Associate Administrator for Regulatory & Legislative Operations. [FR Doc. 2011–20194 Filed 8–8–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1073X] PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 48942 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices sroberts on DSK5SPTVN1PROD with NOTICES 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 August 19, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 29, 2011,4 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 A&F’s representatives: William A. Mullins and Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. A&F has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by August 12, 2011. 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 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 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 currently is set at $1,500. See 49 CFR 1002.2(f)(25). 4 A&F states that it does not own title to the real property comprising the line’s right-of-way (ROW); rather, the title remains with CSX Transportation, Inc. (CSXT). According to A&F, when the line was sold in 1986 to an unaffiliated short line railroad predecessor of A&F (Alabama & Florida Railroad, Inc., or ‘‘A&F Railroad’’), CSXT’s predecessor, Seaboard System Railroad, Inc., conveyed to A&F Railroad the common carrier obligation associated with the line but retained for itself an ownership interest in the underlying real estate and remained as a lessor of the lines’s ROW. A&F states that it acquired the line from A&F Railroad subject to this arrangement with CSXT. Citing Seminole Gulf Railway—Abandonment Exemption—in Lee County, Florida, AB 400 (Sub-No. 2X) (ICC served Dec. 22, 1994), A&F states that it is now seeking abandonment authority on the understanding that it is the appropriate entity to do so and that CSXT does not need to file its own abandonment authority or otherwise join in this request. A&F states that it believes that the ROW might be suitable for other public purposes, if CSXT is amendable to such an arrangement. VerDate Mar<15>2010 19:06 Aug 08, 2011 Jkt 223001 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), A&F 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 A&F’s filing of a notice of consummation by August 9, 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 https:// www.stb.dot.gov. Decided: August 4, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–20173 Filed 8–8–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Submission for OMB Review; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ‘‘Fair Housing Home Loan Data System Regulation.’’ The OCC is also giving notice that it has sent the collection to OMB for approval. DATES: You should submit your comments by September 8, 2011. ADDRESSES: You should direct all written comments to: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0159, 250 E Street, SW., Washington, DC 20219. In addition, SUMMARY: PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874–4700. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–5043. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, please send a copy of your comments to OCC Desk Officer, 1557–0159, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information from Ira Mills or Mary H. Gottlieb, OCC Clearance Officers, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to revise the following information collection: Title: Fair Housing Home Loan Data System Regulation. OMB Control No.: 1557–0159. Description: The Fair Housing Act (42 U.S.C. 3605) prohibits discrimination in the financing of housing on the basis of race, color, religion, sex, or national origin. The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) prohibits discrimination in any aspect of a credit transaction on the basis of race, color, religion, national origin, sex, marital status, age, receipt of income from public assistance, or exercise of any right under the Consumer Credit Protection Act. The OCC is responsible for ensuring that national banks comply with those laws. This information in collection 12 CFR part 27 is needed to promote national bank compliance and for OCC to fulfill its statutory responsibilities. The information collection requirements in 12 CFR part 27 are as follows: • Section 27.3(a) requires national banks that are required to collect data on home loans under 12 CFR part 203 to present the data on Federal Reserve Form FR HMDA–LAR,1 or in automated format in accordance with the HMDA– LAR instructions, and to include one 1 Loan Application Register, https://www.ffiec.gov/ hmda/doc/hmdalar2007.doc. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48941-48942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20173]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1073X]


Alabama & Florida Railway Co., Inc.--Abandonment Exemption--in 
Geneva, Coffee, and Covington Counties, Ala.

    Alabama & Florida Railway Co., Inc. (A&F) has filed a verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments to abandon its line of railroad between milepost 581.3 at 
Andalusia, Ala., and milepost 624.2 at Geneva, Ala., a distance of 42.9 
miles, in Geneva, Coffee and Covington Counties, Ala. The line 
constitutes A&F's entire rail system and traverses United States Postal 
Service Zip Codes 36340, 36420, 36421, 36453, 36467, and 36477.
    A&F has certified that: (1) No local traffic has moved over the 
line for at least 2 years; \1\ (2) there is no overhead traffic on the 
line that has been, or would need to be, rerouted as a result of the 
proposed abandonment; (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.
---------------------------------------------------------------------------

    \1\ A&F states that during the past 2 years, there has been no 
local common carrier service provided over the line nor have there 
been any requests for common carrier service during that period, but 
portions of the line have been used for purposes of freight car 
storage. A&F asserts that movement of its empty rail cars for 
storage does not disqualify A&F from the use of the notice of 
exemption process to obtain abandonment authority for the line. See 
Ind. Sw. Ry.--Aban. Exemption--in Posey and Vanderburgh Cntys., 
Ind., AB 1065X, slip op. at 1 n. 1 (STB served Dec. 23, 2010).
---------------------------------------------------------------------------

    Where, as here, the carrier is abandoning a line that constitutes 
its entire rail system, the Board does not normally impose labor 
protection under 49 U.S.C. 10502(g), unless the evidence indicates the 
existence of: (1) A corporate affiliate that will continue 
substantially similar rail operations; or (2) a corporate parent that 
will realize substantial financial benefits over and above relief from 
the burden of deficit operations by its subsidiary railroad. See Honey 
Creek R.R.--Aban. Exemption--in Henry Cnty., Ind., AB 865X (STB served 
Aug. 20, 2004); Wellsville, Addison & Galeton R.R.--Aban. of Entire 
Line in Potter & Tioga Cntys., Pa., 354 I.C.C. 744 (1978); and 
Northampton & Bath R.R.--Aban. Near Northampton & Bath Junction in 
Northampton Cnty, Pa., 354 I.C.C. 784 (1978). Because A&F does not 
appear to have a corporate affiliate or parent that will continue 
similar operations or that could benefit from the proposed abandonment, 
employee protection conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 8, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental

[[Page 48942]]

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 August 19, 2011. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 29, 2011,\4\ with the Surface Transportation Board, 395 E 
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 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 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ A&F states that it does not own title to the real property 
comprising the line's right-of-way (ROW); rather, the title remains 
with CSX Transportation, Inc. (CSXT). According to A&F, when the 
line was sold in 1986 to an unaffiliated short line railroad 
predecessor of A&F (Alabama & Florida Railroad, Inc., or ``A&F 
Railroad''), CSXT's predecessor, Seaboard System Railroad, Inc., 
conveyed to A&F Railroad the common carrier obligation associated 
with the line but retained for itself an ownership interest in the 
underlying real estate and remained as a lessor of the lines's ROW. 
A&F states that it acquired the line from A&F Railroad subject to 
this arrangement with CSXT. Citing Seminole Gulf Railway--
Abandonment Exemption--in Lee County, Florida, AB 400 (Sub-No. 2X) 
(ICC served Dec. 22, 1994), A&F states that it is now seeking 
abandonment authority on the understanding that it is the 
appropriate entity to do so and that CSXT does not need to file its 
own abandonment authority or otherwise join in this request. A&F 
states that it believes that the ROW might be suitable for other 
public purposes, if CSXT is amendable to such an arrangement.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to A&F's 
representatives: William A. Mullins and Robert A. Wimbish, Baker & 
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 
20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    A&F has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by August 12, 2011. 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), A&F 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 A&F's filing of a notice of 
consummation by August 9, 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 https://www.stb.dot.gov.

    Decided: August 4, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-20173 Filed 8-8-11; 8:45 am]
BILLING CODE 4915-01-P

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