Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41969 

1See Southern Pac. Transp. Co.—Aband.—in 

Modoc County, CA and Lake County, OR, Docket 

No. AB–12 (Sub-No. 84) (ICC served Oct. 20, 1985). 

2See Lake County Railroad—Modified Rail 

Certificate, STB Finance Docket No. 33581 (STB 

served Apr. 24, 1998). 

3See Modoc Railway and Land Company, LLC— 

Acq. & Oper. Exempt.—in Lake County, OR, STB 

Finance Docket No. 34995 (STB served Feb. 28, 

2007); and Modoc Northern Railroad Co.—Acq. & 

Oper. Exempt.—in Lake County, OR, STB Finance 

Docket No. 34996 (STB served Feb. 28, 2007). 

4 In response to a Board query in that decision 

regarding a slight discrepancy between the milepost 

numbers for the line in STB Finance Docket No. 

33581 and in this proceeding, Lake County explains 

that it is using the milepost numbers set forth in 

STB Finance Docket Nos. 34995 and 34996 in 

which MR&L–MNRR obtained Board authority to 

lease and operate the line. 

burdens set forth below. We have no 

reason to believe that the time necessary 

to comply with the information 

collection requirements has changed in 

the meantime. We would note that this 

estimate assumes compliance by bus 

operators with the information 

collection requirements. Reporting rates, 

however, have been low. 

The purpose of the information 

collection requirements is to provide 

data that the Department can use in 

reviewing the provisions of its rule and 

to assist the Department in its oversight 

of compliance by bus companies. In 

particular, the data will be used to assist 

the Department in conducting the 

reevaluation of the requirements of the 

over-the-road bus rule mentioned in the 

regulation itself. 

Burden Statement: The amount of 

data sought is held to the minimum 

amount necessary to ensure compliance 

with the regulation. As suggested in 

comments from both the bus industry 

and disability community commenters 

during the rulemaking leading to this 

rule, recordkeeping and reporting of this 

kind would be useful for the purpose of 

ensuring compliance. The cumulative 

total burden for the information 

collection is between 167,889 hours 

(low estimate) and 182,873 hours (high 

estimate). 

Comments are invited on: (a) Whether 

this collection of information (third 

party notification) is necessary for the 

proper performance of the agency, 

including whether the information will 

have practical utility; (b) the accuracy of 

the agency’s estimate of burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including through the use 

of automated techniques or other forms 

of information technology. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Issued in Washington, DC on August 13, 

2009. 

Tracey M. Jackson, 

Office of the Chief Information Officer. 

[FR Doc. E9–19922 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1035] 

Lake County, Oregon—Adverse 

Discontinuance of Rail Service— 

Modoc Railway and Land Company, 

LLC and Modoc Northern Railroad 

Company 

On July 30, 2009, Lake County, OR 

(County) filed an application under 49 

U.S.C. 10903 asking the Board to 

authorize the third-party, or ‘‘adverse,’’ 

discontinuance of operating authority of 

Modoc Railway and Land Company, 

LLC (MR&L) and Modoc Northern 

Railroad Company (MNRR) over a 

55.41-mile rail line between milepost 

456.89 at or near Alturas, CA, and 

milepost 512.30 at or near Lakeview, 

OR. 

The line includes no stations and 

traverses United States Postal Service 

ZIP codes 96101, 96108, 97635, and 

97630. 

According to the County, the line was 

constructed and operated for many 

years by Southern Pacific 

Transportation Company (SP). In 1985, 

the Board’s predecessor, the Interstate 

Commerce Commission, authorized SP 

to abandon the line.1

The County acquired the line from SP 

after its abandonment. Through its 

Railroad Commission, the County 

contracted with The Great Western 

Railway Company (GWR) to operate the 

line pursuant to a modified certificate of 

public convenience and necessity. The 

County terminated rail operations by 

GWR, effective November 1, 1997. 

Thereafter, the County obtained its own 

modified certificate and commenced 

operation of the line through its Lake 

County Railroad division.2

In 2007, the County leased the line to 

MR&L and MNRR.3 In 2009, according 

to the County, MR&L and MNRR 

materially breached their lease 

agreement with the County. The County 

further claims that, after the breach was 

not cured within the notice period 

required by that lease, it terminated the 

lease, effective May 7, 2009. The County 

states that it has resumed operation of 

the line pursuant to its residual 

common carrier authority, with Lake 

Railway acting as the County’s agent for 

the provision of rail service on the line. 

The County now seeks Board 

permission through an adverse 

discontinuance proceeding to terminate 

the regulatory authority of MR&L– 

MNRR to lease and operate the line so 

that it can proceed to remove them from 

the line. 

In a decision served in this 

proceeding on June 15, 2009, the Board 

granted a petition filed by the County 

for exemptions from several statutory 

provisions and for waivers of certain 

Board regulations governing rail line 

discontinuances.4

The County states that the line does 

not contain federally granted rights-ofway. Any documentation in the 

County’s possession will be made 

available promptly to those requesting 

it. The County’s entire case in chief for 

adverse discontinuance was filed with 

the application. 

The interests of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

Any interested person may file 

written comments concerning the 

proposed adverse discontinuance or 

protests (including protestant’s entire 

opposition case) by September 14, 2009. 

The County shall file a reply, if any, by 

September 28, 2009. Because the County 

is providing for continued service on 

the line, all interested persons should be 

aware that this application is for adverse 

discontinuance and will not result in 

the abandonment of existing operations. 

Therefore, as discussed in the Board’s 

June 15 decision, the Board has 

exempted this proceeding from the offer 

of financial assistance (OFA) 

requirements at 49 U.S.C. 10904 and 

waived its OFA regulations at 49 CFR 

1152.27, and the Board will not 

entertain requests for a public use 

condition under 49 U.S.C. 10905 (49 

CFR 1152.28) or a trail use condition 

under 16 U.S.C. 1247(d) (49 CFR 

1152.29). 

Persons opposing the proposed 

adverse discontinuance who wish to 

participate actively and fully in the 

process should file a protest. Persons 

who may oppose the adverse 

discontinuance but who do not wish to 

participate fully in the process by 


jlentini on DSKJ8SOYB1PROD with NOTICES
41970 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

submitting verified statements of 

witnesses containing detailed evidence 

should file comments. Parties seeking 

information concerning the filing of 

protests should refer to 49 CFR 1152.25. 

All filings in response to this notice 

must refer to STB Docket No. AB–1035 

and must be sent to: (1) Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001; and (2) 

Thomas F. McFarland, Thomas F. 

McFarland, P.C., 208 South LaSalle 

Street, Suite 1890, Chicago, IL 60604– 

1112. Filings may be submitted either 

via the Board’s e-filing format or in the 

traditional paper format. Any persons 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s 

http://www.stb.dot.gov Web site, at the 

‘‘E–FILING’’ link. Any person 

submitting a filing in the traditional 

paper format should send the original 

and 10 copies of the filing to the Board 

with a certificate of service. Except as 

otherwise set forth in 49 CFR 1152, 

every document filed with the Board 

must be served on all parties to this 

adverse discontinuance proceeding. See 

49 CFR 1104.12(a). 

Persons seeking further information 

concerning abandonment/ 

discontinuance procedures may contact 

the Board’s Office of Public Assistance, 

Governmental Affairs and Compliance 

at (202) 245–0230 or refer to the full 

abandonment/discontinuance 

regulations at 49 CFR 1152. [Assistance 

for the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

The Board’s June 15 decision waived 

compliance with its environmental and 

historic review regulations because the 

Board found that it was unlikely that the 

discontinuance would result in any 

environmental impacts or salvage. 

Accordingly, no environmental or 

historic assessment will be prepared in 

this proceeding. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 13, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–19827 Filed 8–18–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0106] 

Petition for Declaratory Order by 

Fullington Trailways, LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of Petition for 

Declaratory Order; extension of 

comment period. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) extends 

the reply comment period for a Petition 

for Declaratory Order that was 

published on June 4, 2009, until 

September 14, 2009. 

DATES: Reply comments are due on or 

before September 14, 2009. The Agency 

will only consider reply comments 

responding directly to issues raised in 

the initial round of comments. 

Commenters may not use reply 

comments to raise new issues. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket Number in 

the heading of this document by any of 

the following methods. Do not submit 

the same comments by more than one 

method. However, to allow effective 

public participation before the comment 

period deadline, the Agency encourages 

use of the Web site that is listed first. 

It will provide the most efficient and 

timely method of receiving and 

processing your comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Ground floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this regulatory action. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

www.regulations.gov for further 

information. 

Docket: Comments and material 

received from the public, as well as 

background information and documents 

mentioned in this preamble, are part of 

docket FMCSA–2009–0191, and are 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. You may also 

view and copy documents at the U.S. 

Department of Transportation’s Docket 

Operations Unit, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC. 

Public Participation: The 

regulations.gov system is generally 

available 24 hours each day, 365 days 

each year. You can find electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Web site. For notification that 

FMCSA received the comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on line. 

Copies or abstracts of all documents 

referenced in this notice are in the 

docket: FMCSA–2009–0106. For access 

to the docket to read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. All 

comments received before the close of 

business on the comment closing date 

indicated above will be considered and 

will be available for examination in the 

docket at the above address. Initial 

comments received after the initial 

comment closing date will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve D. Sapir, Office of the Chief 

Counsel, Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–7056. 

SUPPLEMENTARY INFORMATION: On June 4, 

2009 (74 FR 26917), FMCSA published 

a petition submitted by Fullington 

Trailways, LLC (Fullington) for a 

declaratory order requesting that 

FMCSA find that certain regularly 

scheduled passenger bus service 

provided by Fullington is in interstate 

commerce and not subject to the 

jurisdiction of the Pennsylvania Public 

Utilities Commission. We provided the 

public with a 60-day period for initial 

comments that expired on August 3, 

2009, and a 30-day period for reply 

comments that expires on September 2, 

2009. At least one timely filed 

submission during the initial comment 

period was not immediately available in 

the docket. To provide the public 

adequate time to respond to all timely 

filed initial comments, FMCSA extends 


jlentini on DSKJ8SOYB1PROD with NOTICES