43576 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

1The lines are currently operated by the Corpus

Christi Terminal Association and its member

railroads (currently Union Pacific Railroad

Company (UP), Southern Pacific Transportation

Company (SP), The Texas Mexican Railway

Company (TM), and The Burlington Northern and

Santa Fe Railway Company (BNSF)). With the

consent, and at the request of Authority, UP, SP,

TM, and BNSF will assign all of their existing

operating rights (except for specified nonexclusive

rights to provide unit train service to facilities that

may be built on or adjacent to Authority’s trackage

after commencement of CCPN’s operations) over the

lines to CCPN and will discontinue their current

operations with respect to the Authority’s terminal

facilities.

(202) 366–4104, Federal Highway

Administration, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Federal Highway Administration

(FHWA)

Title: Utility Use and Occupancy

Agreements.

OMB Number: 2125–0522.

Type of Request: Reinstatement,

without change, of a previously

approved collection for which approval

has expired.

Affected Public: Highway authorities.

Abstract: In carrying out the

requirements of 23 USC 116 to assure

Federal-aid highway projects are being

properly maintained, the Secretary of

Transportation is authorized by 23 USC

315 to prescribe and promulgate rules

and regulations. This authority is

delegated to the Federal Highway

Administrator at 49 CFR 1.48. Further,

23 CFR 1.23 and 1.27 establish the

authority and responsibility of the

Administrator to prescribe policies and

procedures for the use, occupancy, and

maintenance of the rights-of-way of

Federal-aid projects. Under the Federalaid highway program, States, or their

political subdivisions, actually own the

highway rights-of-way. State and/or

local highway authorities are

responsible for maintaining the highway

rights-of-way, which includes

controlling utility use of it. The FHWA

regulations found in 23 CFR part 645,

subpart B require that in controlling

utility use on Federal-aid highway

projects, the highway authority is to

document the terms under which the

utility is to cross or otherwise occupy

highway rights-of-way. This

documentation, consisting of a use and

occupancy agreement, is to be in writing

and must be contained in the highway

authority’s files. No submission to the

FHWA is required. The use and

occupancy agreement issued by the

highway authority serves to document

the arrangements made between it and

a utility to allow the utility to use public

right-of-way under the control of the

highway authority. These agreements

are reviewed periodically by the FHWA

to determine whether or not the State is

effectively maintaining the highway

right-of-way and fulfilling its

responsibilities under its utility

accommodation policy. The use and

occupancy agreements are an important

means of controlling the installation of

utilities in order to provide a safe

environment for highway users.

Estimated Annual Burden Hours:

552,000.

Number of Respondents: 4,600.

ADDRESSES: Send comments to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725–17th Street, NW.,

Washington, DC 20503, Attention DOT

Desk Officer. Comments are invited on:

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Department, including whether the

information will have practical utility;

the accuracy of the Department’s

estimate of the burden of the proposed

information collection; ways to enhance

the quality, utility and clarity of the

information to be collected; and ways to

minimize the burden of the collection of

information on respondents, including

the use of automated collection

techniques or other forms of information

technology.

Issued in Washington, DC, on August 8,

1997.

Vanester M. Williams,

Clearance Officer, United States Department

of Transportation.

[FR Doc. 97–21568 Filed 8–13–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33438]

Alabama & Gulf Coast Railway, LLC—

Acquisition and Operation

Exemption—The Burlington Northern

and Santa Fe Railway Company

The Alabama & Gulf Coast Railway

LLC of Dallas, TX (ALA), a noncarrier,

filed a verified notice of exemption

under 49 CFR 1150.31 et seq. to acquire

from The Burlington Northern and

Santa Fe Railway Company (BNSF) and

operate a 140.58-mile rail line between

milepost 776.10 near Kimbrough, AL,

and milepost 916.68 in Pensacola, FL.

ALA will also acquire incidental

trackage rights over 13.6 miles of

BNSF’s line between milepost 776.10

near Kimbrough, AL, and milepost

762.5 near Magnolia, AL. ALA will also

be temporarily assigned trackage rights

over a 43.1-mile line of CSX

Transportation, Inc., between milepost

L621.7 near Atmore, AL, and milepost

L635.4 near Catonment, FL, pending

completion of repairs to the line to be

acquired from BNSF. The transaction is

scheduled to be consummated on or

after September 1, 1997.

This proceeding is related to Kauri,

Inc., and StatesRail LLC—Continuance

in Control Exemption—Alabama & Gulf

Coast Railway LLC, STB Finance Docket

No. 33439, in which Kauri, Inc. and

StatesRail LLC have concurrently filed a

verified notice of exemption to continue

in control of ALA when it becomes a

Class III railroad.

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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33438 must be filed with the

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423. In

addition, a copy of each pleading must

be served on Fritz R. Kahn, Suite 750

West, 1100 New York Avenue, N.W.,

Washington, DC 20005–3934.

Decided: August 5, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–21551 Filed 8–13–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33436]

Corpus Christi Terminal Railroad,

Inc.—Lease and Operation

Exemption—Port of Corpus Christi

Authority of Nueces County, Texas,

Union Pacific Railroad Company,

Southern Pacific Transportation

Company, The Texas Mexican Railway

Company and The Burlington Northern

and Santa Fe Railway Company

Corpus Christi Terminal Railroad, Inc.

(CCPN), a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 to lease and operate all of the

lines (lines) owned by Port of Corpus

Christi Authority of Nueces County,

Texas (Authority), within the Corpus

Christi, TX terminal area, a distance of

approximately 20 route miles.1 In
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices 43577

addition, CCPN will acquire incidental

trackage rights over lines of UP between

milepost 145.9 and milepost 149.0,

together with the ‘‘loop’’ trackage off of

the main line, all in the terminal area of

Corpus Christi, TX, a distance of

approximately 3.1 miles.

The transaction was expected to be

consummated on or after August 1,

1997.

This transaction is related to STB

Finance Docket No. 33437, Genesee &

Wyoming Inc.—Continuance in Control

Exemption—Corpus Christi Terminal

Railroad, Inc., wherein the Genesee &

Wyoming Inc. has concurrently filed a

verified notice to continue in control of

CCPN, upon its becoming a Class III rail

carrier.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33436, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Eric M.

Hocky, Esq., Gollatz, Griffin & Ewing,

P.C., 213 West Miner Street, West

Chester, PA 19381–0796.

Decided: August 5, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–21547 Filed 8–13–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33437]

Genesee & Wyoming Inc.—

Continuance in Control Exemption—

Corpus Christi Terminal Railroad, Inc.

Genesee & Wyoming, Inc. (GWI) has

filed a notice of exemption to continue

in control of the Corpus Christi

Terminal Railroad, Inc. (CCPN), upon

CCPN’s becoming a Class III railroad.

The transaction was expected to be

consummated on or after August 1,

1997.

This transaction is related to STB

Finance Docket No. 33436, Corpus

Christi Terminal Railroad, Inc.—Lease

and Operation Exemption—Port of

Corpus Christi Authority of Nueces

County, Texas, Union Pacific Railroad

Company, Southern Pacific

Transportation Company, The Texas

Mexican Railway Company and The

Burlington Northern and Santa Fe

Railway Company, wherein CCPN seeks

to acquire and operate certain rail lines

from Port of Corpus Christi Authority of

Nueces County, Texas.

GWI directly controls one existing

Class II rail carrier subsidiary: Buffalo &

Pittsburgh Railroad, Inc., operating in

New York and Pennsylvania. GWI

directly controls 11 existing Class III rail

carrier subsidiaries: Genesee &

Wyoming Railroad Company, Inc.,

operating in western New York;

Dansville and Mount Morris Railroad

Company, operating in New York;

Rochester & Southern Railroad, Inc.,

operating in New York; Louisiana &

Delta Railroad, Inc., operating in

Louisiana; Bradford Industrial Rail, Inc.,

operating in Pennsylvania and New

York; Allegheny & Eastern Railroad,

Inc., operating in Pennsylvania;

Willamette & Pacific Railroad, Inc.,

operating in Oregon; GWI Switching

Services, operating in Texas; Illinois &

Midland Railroad, Inc., operating in

Illinois; Pittsburg & Shawmut Railroad,

Inc., operating in Pennsylvania; and

Portland & Western Railroad, Inc.,

operating in Oregon.

GWI indirectly controls 3 Class III rail

carriers through its ownership of Rail

Link, Inc.: Carolina Coastal Railway,

Inc., operating in North Carolina;

Commonwealth Railway, Inc., operating

in Virginia; and Talleyrand Terminal

Railroad, Inc., operating in Florida.

GWI states that: (i) The rail lines to be

operated by CCPN do not connect with

any railroad in the corporate family; (ii)

the transaction is not part of a series of

anticipated transactions that would

connect CCPN with any railroads in the

corporate family; and (iii) the

transaction does not involve a Class I

carrier. Therefore, the transaction is

exempt from the prior approval

requirements of 49 U.S.C. 11323. See 49

CFR 1180.2(d)(2).

As a condition to this exemption, the

continuance in control of CCPN by GWI

is subject to the labor protection

requirements of 49 U.S.C. 11326(b).

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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33437, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Eric M.

Hocky, Esq., Gollatz, Griffin & Ewing,

P.C., 213 West Miner Street, West

Chester, PA 19381–0796.

Decided: August 5, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary,

[FR Doc. 97–21548 Filed 8–13–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33439]

Kauri, Inc. and StatesRail LLC—

Continuance in Control—Alabama &

Gulf Coast Railway LLC

Kauri, Inc. (Kauri) and StatesRail LLC

(StatesRail) filed a notice of exemption

under 49 CFR 1180.2(d)(2) and 1180.4(g)

to continue in control of Alabama &

Gulf Coast Railway LLC (ALA) upon

ALA’s becoming a Class III rail carrier.

The transaction is expected to be

consummated on or after September 1,

1997.

ALA, a noncarrier, has concurrently

filed a notice of exemption in Alabama

& Gulf Coast Railway LLC—Acquisition

and Operation Exemption—The

Burlington Northern and Santa Fe

Railway Company, STB Finance Docket

No. 33438, to acquire from The

Burlington Northern and Santa Fe

Railway Company (BNSF) and operate a

140.58-mile rail line between milepost

776.10 near Kimbrough, AL, and

milepost 916.68 in Pensacola, FL. ALA

will also acquire incidental trackage

rights over 13.6 miles of BNSF’s line

between milepost 776.10 near

Kimbrough, AL, and milepost 762.5

near Magnolia, AL. ALA will also be

temporarily assigned trackage rights

over a 43.1-mile line of CSX

Transportation, Inc., between milepost

L621.7 near Atmore, AL, and milepost

L635.4 near Catonment, FL, pending

completion of repairs to the line to be

acquired from BNSF.

Kauri, a noncarrier, through its

noncarrier subsidiary, StatesRail,

controls: (1) Kiamichi Railroad

Company, L.L.C. (Kiamichi), which

operates lines in Arkansas, Oklahoma,

and Texas; and (2) through its

noncarrier subsidiary StatesRail, Inc.,

and its noncarrier subsidiary, Kyle

Railways, Inc., controls: (a) Arizona

Eastern Railway Company, which