Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81331 

1The line is between milepost 7.19, a point 

approximately 100 feet north of Interstate Highway 

I–694 in White Bear Township, and milepost 6.52, 

a point approximately 50 feet north of Beam 

Avenue in the City. 

agencies and Native American tribes 

that may have such an interest. Any 

Federal or non-Federal agency or Native 

American tribe interested in the 

proposed project that does not receive 

an invitation to become a participating 

agency should notify at the earliest 

opportunity the Community Outreach 

Coordinator identified above under 

ADDRESSES. 

The EIS will be prepared in 

accordance with NEPA and its 

implementing regulations issued by the 

Council on Environmental Quality (40 

CFR parts 1500–1508) and with the 

FTA/Federal Highway Administration 

regulations ‘‘Environmental Impact and 

Related Procedures’’ (23 CFR part 771). 

Related environmental procedures to be 

addressed during the NEPA process, 

include, but are not limited to the 

project-level air quality conformity 

regulation of the U.S. Environmental 

Protection Agency (EPA) (40 CFR part 

93); the regulation implementing 

Section 106 of the National Historic 

Preservation Act (36 CFR part 800); 

Section 4(f) of the Department of 

Transportation Act (23 CFR part 774); 

and Executive Order 12898 on 

environmental justice. 

Issued on: December 17, 2010. 

Leslie T. Rogers, 

Regional Administrator, Region IX, Federal 

Transit Administration. 

[FR Doc. 2010–32337 Filed 12–23–10; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35450] 

City of Maplewood, MN.—Acquisition 

Exemption—Right To Restore Rail 

Service Over a Railbanked Right-ofWay in Ramsey County, MN. 

The City of Maplewood, Minn. (the 

City), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to acquire from BNSF Railway 

Company (BNSF) the right to restore rail 

service over a rail banked right-of-way, 

a distance of .67 miles, extending from 

milepost 7.19 to milepost 6.52 (the 

line),1 in Ramsey County, Minn. 

In the notice of exemption in BNSF 

Railway Company—Abandonment 

Exemption—in Ramsay County, Minn., 

AB 6 (Sub.-No. 429X) (STB served Aug. 

10, 2005), BNSF was authorized to 

abandon the line. Subsequent to that 

notice, BNSF and the City reached an 

agreement for rail banking the line. The 

agreement included a provision that, in 

exchange for payment of value, BNSF 

would convey to the City BNSF’s right 

to restore service over the line’s right-ofway. 

Subsequently, in a quitclaim deed 

dated September 26, 2005, BNSF 

conveyed the line to the City along with 

BNSF’s right to restore service over the 

right-of-way. The City explains that it 

did not know, at the time, that Board 

authorization was necessary for the City 

to acquire the right to restore rail 

service. The City now, after the fact, 

invokes the Board’s authorization for 

that acquisition through a notice of 

exemption. The City states that it or an 

operator contracted by the City would 

operate over the line if service is 

restored. 

In King County, Wash.—Acquisition 

Exemption—BNSF Railway Company, 

FD 35148, slip op. at 3–4 (STB served 

Sept. 18, 2009) (King County), the Board 

granted an individual exemption 

authorizing the conveyance of the right 

to restore rail service on a line to a 

county, explaining that the right to 

reactivate a rail banked line is not an 

exclusive right and would not preclude 

any other service provider from seeking 

Board authorization to restore rail 

service over the rail banked line if the 

county did not do so. In King County, 

slip op. at 4 n.5, both the county 

acquiring the right and the rail carrier 

selling that right ‘‘made clear that [the 

rail carrier did] not wish to retain any 

rights related to the segments.’’ 

Likewise, here the notice indicates that 

BNSF did not wish to retain rights 

related to the line because, by quitclaim 

deed, BNSF conveyed to the City both 

the right-of-way itself and the right to 

restore service over the right-of-way. 

The transaction is expected to be 

consummated on or after January 8, 

2010 (30 days after the exemption was 

filed). 

The City certifies that its projected 

annual revenues from the acquisition 

involved in this proceeding do not 

exceed those that would qualify it as a 

Class III carrier. 

If the 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 December 30, 2010 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35450, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on Thomas F. 

McFarland, Thomas F. McFarland, P.C., 

208 South LaSalle Street, Suite 1890, 

Chicago, IL 60604. 

Board decisions and notices are 

available on our Web site at 

http://www.stb.dot.gov. 

Decided: December 20, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–32297 Filed 12–23–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

Surety Companies Acceptable on 

Federal Bonds: Termination—Penn 

Millers Insurance Company 

AGENCY: Financial Management Service, 

Fiscal Service, Department of the 

Treasury. 

ACTION: Notice. 

SUMMARY: This is Supplement No. 5 to 

the Treasury Department Circular 570; 

2010 Revision, published July 1, 2010, 

at 75 FR 38192. 

FOR FURTHER INFORMATION CONTACT: 

Surety Bond Branch at (202) 874–6850. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the Certificate of 

Authority issued by the Treasury to the 

above-named company under 31 U.S.C. 

9305 to qualify as an acceptable surety 

on Federal bonds is terminated 

immediately. Federal bond-approving 

officials should annotate their reference 

copies of the Treasury Department 

Circular 570 (‘‘Circular’’), 2010 Revision, 

to reflect this change. 

With respect to any bonds currently 

in force with this company, bondapproving officers may let such bonds 

run to expiration and need not secure 

new bonds. However, no new bonds 

should be accepted from this company, 

and bonds that are continuous in nature 

should not be renewed. 

The Circular may be viewed and 

downloaded through the Internet at 

http://www.fms.treas.gov/c570. 

Questions concerning this notice may 

be directed to the U.S. Department of 

the Treasury, Financial Management 

Service, Financial Accounting and 

Services Division, Surety Bond Branch, 


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