BNSF Railway Company-Abandonment Exemption-in Walsh and Pembina Counties, ND, 26602-26603 [2012-10814]

Download as PDF 26602 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Notices 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 Connecticut: North Hillside Road Extension in Mansfield, Connecticut. Project description: The selected alternative, Roadway Alignment Option A and North Campus Development Alternative 2C include the construction of an approximately 3,400-foot, 2-lane, 32-foot wide road through a portion of land adjacent to the University of Connecticut (University) Storrs core academic campus known as the ‘‘North Campus.’’ The project will provide an alternative entrance to the University, relieve traffic on surrounding roads, and facilitate the development of the North Campus. Crossing A is designed as a 40foot precast concrete rigid frame with open bottom designed to comply with the Connecticut Department of Energy and Environmental Protection (CT DEEP, formerly the Connecticut Department of Environmental Protection) and Army Corps of Engineers stream crossing standards. Crossing C is designed as a 76-foot clear span bridge to completely avoid wetland impacts and maintain vernal pool habitat connectivity for semiaquatic resources and terrestrial wildlife. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) North Hillside Road Extension, approved on December, 6, 2011, in the FHWA Record of Decision (ROD) issued on April 4, 2012, and in other documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record file are available by contacting the FHWA. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at https:// www.envpolicy.uconn.edu/eie.html. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. erowe on DSK2VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:20 May 03, 2012 Jkt 226001 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)–300(j)(6); Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287; Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 8. 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. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (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)(1). Issued on: April 26, 2012. Amy Jackson-Grove, Division Administrator, Hartford. [FR Doc. 2012–10769 Filed 5–3–12; 8:45 am] BILLING CODE P PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0058; Notice 2] Withdrawal of Notice of Receipt of Petition National Highway Traffic Safety Administration, DOT. ACTION: Notice withdrawal. AGENCY: On April 23, 2012, NHTSA inadvertently republished, at 77 FR 24265, a notice that the agency had received a petition for a decision of inconsequential noncompliance from Toyota Motor Corporation, Inc., on behalf of Toyota Corporation and Toyota Manufacturing, Indiana, Inc. NHTSA has withdrawn that notice. The notice of receipt of the petition was originally published on June 16, 2011 (76 FR 35271), and the comment period closed on July 18, 2011. NHTSA will soon publish the notice of the agency’s decision on the petition. SUMMARY: Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8) Issued on: April 26, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–10770 Filed 5–3–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 6 (Sub-No. 481X)] BNSF Railway Company— Abandonment Exemption—in Walsh and Pembina Counties, ND BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 CFR part 1152 subpart F– Exempt Abandonments to abandon 18.12 miles of rail line located between milepost 42.08 at Grafton and milepost 60.20 at Glasston in Walsh and Pembina Counties, ND The line traverses United States Postal Service Zip Codes 58236, 58237, and 58276, and includes the stations of Auburn, St. Thomas, and Glasston. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years; (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 E:\FR\FM\04MYN1.SGM 04MYN1 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Notices erowe on DSK2VPTVN1PROD with NOTICES 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 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 June 5, 2012, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 14, 2012. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by May 24, 2012, 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, Ball Janik LLP, Suite 225, 655 Fifteenth Street NW., 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 that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by May 11, 2012. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation 1 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. 2 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 15:20 May 03, 2012 Jkt 226001 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 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 May 4, 2013, 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: April 30, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–10814 Filed 5–3–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35616] Central Midland Railway Company and Progressive Rail Inc.—Intra-Corporate Family Transaction Exemption Central Midland Railway Company (CMR) and Progressive Rail Inc. (PGR), both Class III rail carriers, have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) and 1180.2(d)(6) for an intra-corporate family transaction and for reincorporation in a different State, pursuant to which PGR will remain in control of CMR after CMR reincorporates from an Indiana corporation to a Minnesota corporation. According to applicants, CMR leases and operates certain rail lines within the State of Missouri, but it is incorporated in the State of Indiana. Applicants state that CMR, which currently is in administrative dissolution, seeks to become a Minnesota corporation in lieu of continuing as an Indiana corporation, and that PGR wishes to remain in control of CMR after CMR’s reincorporation in Minnesota. PGR, PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 26603 which operates certain rail lines within the States of Minnesota and Wisconsin, acquired control of CMR in 2007.1 PGR also controls Airlake Terminal Railway Company, LLC, a Class III rail carrier that operates within the State of Minnesota.2 In addition, PGR has obtained an exemption to continue in control of Montgomery Short Line LLC (MSL) upon MSL’s becoming a Class III rail carrier. MSL is a wholly owned subsidiary of PGR.3 Applicants state that all the assets and liabilities of the Indiana corporation, known as Central Midland Railway Company, will be transferred to a Minnesota corporation of the same name. Once the transaction is completed, that corporation will be a wholly owned subsidiary of PGR. Applicants anticipate consummating the proposed transaction on or after May 18, 2012, the effective date of the exemption (30 days after the exemption was filed). The transaction will allow CMR to reincorporate in Minnesota, and allow PGR to remain in control of CMR. In addition, the transaction will facilitate CMR’s return to good corporate standing and the efficient administration of these railroads, as the headquarters for both railroads is in Minnesota. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). Applicants state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. And the reincorporation of CMR is the type of transaction specifically exempted from prior review and approval under 49 CFR 1180.2(d)(6). 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, does not provide for labor protection for transactions under 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 rail carriers. 1 See Progressive Rail Inc.—Acquis. of Control Exemption—Cent. Midland Ry., FD 35051 (STB served July 5, 2007). 2 See Progressive Rail Inc.—Intra-Corporate Family Transaction Exemption—Airlake Terminal Ry., FD 35168 (STB served Nov. 28, 2008). 3 See Progressive Rail Inc.—Continuance in Control Exemption—Montgomery Short Line LLC, FD 35092, (STB served Nov. 9, 2007). E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26602-26603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10814]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 6 (Sub-No. 481X)]


BNSF Railway Company--Abandonment Exemption--in Walsh and Pembina 
Counties, ND

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon 18.12 miles of rail line located between milepost 42.08 at 
Grafton and milepost 60.20 at Glasston in Walsh and Pembina Counties, 
ND The line traverses United States Postal Service Zip Codes 58236, 
58237, and 58276, and includes the stations of Auburn, St. Thomas, and 
Glasston.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; (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

[[Page 26603]]

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 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 June 5, 2012, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
May 14, 2012. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 24, 2012, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street NW., 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 that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by May 11, 2012. 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 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 May 4, 2013, 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: April 30, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-10814 Filed 5-3-12; 8:45 am]
BILLING CODE 4915-01-P