ABE Fairmont, LLC-Acquisition and Operation Exemption-BNSF Railway Company, 65936 [2012-26780]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 65936 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices 18, 2012, the Locomotive and Tower Preservation Fund, Ltd. (L&TPF) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained in 49 CFR part 230—Steam Locomotive Inspection and Maintenance Standards. FRA assigned the petition Docket Number FRA–2012– 0076. Steam Locomotive Number 2719 is a former Soo Line class H–23 4–6–2 ‘‘Pacific’’ type locomotive built by the American Locomotive Company in 1923. L&TPF restored Steam Locomotive Number 2719 and completed the current 1,472-service-day inspection (SDI) in accordance with 49 CFR 230.17–One thousand four hundred seventy-two (1472) service day inspection in July 1998. As of September 2006, Steam Locomotive Number 2719 has been operated by the Lake Superior Railroad Museum and the North Shore Scenic Railroad. To date, Steam Locomotive Number 2719 has accumulated 224 days of service, with the possibility of an additional 25–29 service days for the remainder of 2012, and another 25–29 service days for the 2013 operating season. Its second 1,472 SDI is due at the expiration of the 15 years permitted by 49 CFR 230.17. L&TPF requests relief from 49 CFR 230.17(a) with respect to the timeframe for the inspection. The current 1,472 SDI period ends on July 30, 2013. The request is for permission to extend the current 1,472 SDI for 60 calendar days to allow Steam Locomotive Number 2719 to finish the late summer/early fall operating season at the end of September 2013. This would allow for an additional four weekends of service. The annual inspection will be performed as required in July 2013. Granting the waiver will allow Steam Locomotive Number 2719 to operate during its normal seasonal operation, and will move the 15-year 1,472 SDI date so that it occurs after the operating season. L&TPF states that granting the relief will permit the locomotive to finish its operating season, generate income to use for the SDI, and will not decrease the safety for the locomotive, railroad employees, or the public. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. VerDate Mar<15>2010 17:08 Oct 30, 2012 Jkt 229001 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 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: http:// 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 December 20, 2012 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 http://www.dot.gov/ privacy.html. DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on October 26, 2012. Ron Hynes, Director, Office of Safety Assurance and Compliance. [FR Doc. 2012–26780 Filed 10–30–12; 8:45 am] [FR Doc. 2012–26812 Filed 10–30–12; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 Surface Transportation Board [Docket No. FD 35683] ABE Fairmont, LLC—Acquisition and Operation Exemption—BNSF Railway Company ABE Fairmont, LLC (ABE), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an approximately 1.0-mile rail line between BNSF milepost 1.7 and a point of connection with BNSF’s main line at milepost 114.73, at or near Fairmont, Fillmore County, Neb.1 The transaction may be consummated on or after November 14, 2012 (30 days after the notice of exemption was filed). ABE certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. 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 effectiveness of the exemption. Petitions to stay must be filed no later than November 7, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35683, 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 Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: October 25, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. BILLING CODE 4915–01–P 1 ABE was previously granted authority to acquire and operate an approximately two-mile rail line between a point of connection with BNSF at BNSF’s milepost 1.7 and the north property line of County Road H, at or near Fairmont. See ABE Fairmont, LLC—Acquis. and Operation Exemption—Fillmore Western Railway Company, FD 35673 (STB served Sept. 21, 2012). ABE states the line it acquired in that proceeding connects with the line it seeks to acquire here, forming an approximately three-mile north-south branch line between Fairmont and BNSF’s east-west main line. E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Page 65936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26780]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35683]


ABE Fairmont, LLC--Acquisition and Operation Exemption--BNSF 
Railway Company

    ABE Fairmont, LLC (ABE), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF 
Railway Company (BNSF) and to operate an approximately 1.0-mile rail 
line between BNSF milepost 1.7 and a point of connection with BNSF's 
main line at milepost 114.73, at or near Fairmont, Fillmore County, 
Neb.\1\
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    \1\ ABE was previously granted authority to acquire and operate 
an approximately two-mile rail line between a point of connection 
with BNSF at BNSF's milepost 1.7 and the north property line of 
County Road H, at or near Fairmont. See ABE Fairmont, LLC--Acquis. 
and Operation Exemption--Fillmore Western Railway Company, FD 35673 
(STB served Sept. 21, 2012). ABE states the line it acquired in that 
proceeding connects with the line it seeks to acquire here, forming 
an approximately three-mile north-south branch line between Fairmont 
and BNSF's east-west main line.
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    The transaction may be consummated on or after November 14, 2012 
(30 days after the notice of exemption was filed).
    ABE certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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 effectiveness of the 
exemption. Petitions to stay must be filed no later than November 7, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35683, 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 Thomas F. McFarland, 208 South LaSalle St., 
Suite 1890, Chicago, IL 60604.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 25, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-26780 Filed 10-30-12; 8:45 am]
BILLING CODE 4915-01-P