28550 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 

1Pursuant to 49 CFR 1152.50(d)(2), the railroad 

must file a verified notice with the Surface 

Transportation Board (Board) at least 50 days before 

the abandonment or discontinuance is to be 

consummated. GTW initially indicated in its notice 

of exemption a proposed consummation date of 

functions of the Board, including 

whether the collection has practical 

utility. Submitted comments will be 

summarized and included in the 

Board’s request for OMB approval. 

Description of Collection 

Title: Waybill Sample. 

OMB Control Number: 2140–00. 

STB Form Number: None. 

Type of Review: Approval of existing 

collection. 

Respondents: Any regulated railroad 

that terminated at least 4,500 carloads 

on its line in any of the three preceding 

years or that terminated at least 5% of 

the total revenue carloads that 

terminated in a particular state. 

Number of Respondents: 64. 

Estimated Time Per Response: 75 

minutes. 

Frequency: Five (5) respondents 

report Monthly; 59 report quarterly. 

Total Burden Hours (annually 

including all respondents): 370 hours. 

Total ‘‘Non-hour Burden’’ Cost: No 

‘‘non-hour cost’’ burdens associated 

with this collection have been 

identified. 

Needs and Uses: The Surface 

Transportation Board is, by statute, 

responsible for the economic regulation 

of common carrier rail transportation in 

the United States. Under 49 CFR part 

1244, a railroad is required to file 

carload waybill sample information 

(Waybill Sample) for all line-haul 

revenue waybills terminating on its 

lines if, in any of the three preceding 

years, it terminated 4500 or more 

carloads, or it terminated at least 5% of 

the total revenue carloads that terminate 

in a particular state. The information in 

the Waybill Sample is used by the 

Board, other Federal and state agencies, 

and industry stakeholders to monitor 

traffic flows and rate trends in the 

industry, and to develop testimony in 

Board proceedings. The Board has 

authority to collect this information 

under 49 U.S.C. 11144 and 11145. 

DATES: Comments on this information 

collection should be submitted by July 

20, 2007. 

ADDRESSES: Direct all comments to 

Marilyn Levitt, Surface Transportation 

Board, Suite 1260, 395 E Street, SW., 

Washington, DC 20423–0001, or to 

levittm@stb.dot.gov. When submitting 

comments, please refer to ‘‘Paperwork 

Reduction Comments: Waybill Sample.’’

FOR FURTHER INFORMATION OR TO OBTAIN

A COPY OF PERTINENT REGULATIONS

CONTACT: Mac Frampton at (202) 245–

0317 or at hugh.frampton@stb.dot.gov. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] These regulations are 

codified at 49 CFR parts 1244.1–1244.9 

and are also available on the web 

through http://www.gpoaccess.gov/cfr/ 

index.html. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, a Federal agency conducting or 

sponsoring a collection of information 

must display a currently valid OMB 

control number. A collection of 

information, which is defined in 44 

U.S.C. 3502(3) and 5 CFR 1320.3(c), 

includes agency requirements that 

persons submit reports, keep records, or 

provide information to the agency, third 

parties, or the public. Under section 

3506(c)(2)(A) of the PRA, Federal 

agencies are required to provide public 

notice and a 60-day comment period, 

prior to seeking OMB approval for an 

information collection. 

Dated: May 21, 2007. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–9689 Filed 5–18–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 558 (Sub-No. 10)] 

Railroad Cost of Capital—2006 

AGENCY: Surface Transportation Board. 

ACTION: Notice of decision. 

SUMMARY: The Board is instituting a 

proceeding to determine the railroad 

industry’s cost of capital for 2006. The 

decision solicits comments on: (1) The 

railroads’ 2006 current cost of debt 

capital; (2) the railroads’ 2006 current 

cost of preferred stock equity capital (if 

any); (3) the railroads’ 2006 cost of 

common stock equity capital; and (4) 

the 2006 capital structure mix of the 

railroad industry on a market value 

basis. 

DATES: Notices of intent to participate 

are due no later than May 29, 2007. 

Statements of the railroads are due by 

June 25, 2007. Statements of other 

interested persons are due by July 25, 

2007. Rebuttal statements by the 

railroads are due by August 9, 2007. 

ADDRESSES: Railroads and others that 

intend to participate in this proceeding 

shall file an original and one copy of a 

notice of intent to participate with the 

Secretary by the date specified below. 

Evidentiary statements are to be filed 

with the Board on or before the dates set 

forth above. Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

comply with the instructions at the 

E-FILING link on the Board’s Web site, 

at http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: STB Ex Parte No. 558 (SubNo. 10), 395 E Street, SW., Washington, 

DC 20423–0001. In addition, the 

evidence contained in the statement 

shall be submitted on a 3.5-inch disk in 

MS Word 2003 or its equivalent. 

FOR FURTHER INFORMATION CONTACT: 

Scott Decker, (202) 245–0330. (Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1 (800) 877–8339.) 

SUPPLEMENTARY INFORMATION: The 

Board’s decision is posted on the 

Board’s website, www.stb.dot.gov. In 

addition, copies of the decision may be 

purchased from ASAP Document 

Solutions by calling 202–306–4004 

(assistance for the hearing impaired is 

available through FIRS at 1–800–877–

8339), or by e-mail at 

asapdc@verizon.net. 

We preliminarily conclude that the 

proposed action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Authority: 49 U.S.C. 10704(a). 

Decided: May 14, 2007. 

By the Board, Chairman Nottingham, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–9690 Filed 5–18–07; 8:45 am] 

BILLING CODE 4915–00–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–31 (Sub-No. 41X)] 

Grand Trunk Western Railroad 

Incorporated—Abandonment 

Exemption—in Oakland County, MI 

Grand Trunk Western Railroad 

Incorporated (GTW) has filed a notice of 

exemption under 49 CFR 1152 Subpart 

F—Exempt Abandonments to abandon a 

0.7-mile portion of its line of railroad 

known as the Cass City Subdivision 

from milepost 7.06 to milepost 6.36 in 

Orion Township, in Oakland County, 

MI.1 The line traverses United States 

Postal Service Zip Code 48359. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 28551 

June 11, 2007, but because the verified notice was 

filed on May 1, 2007, consummation may not take 

place prior to June 20, 2007. GTW has been 

informed by a Board staff member that 

consummation may not take place until June 20, 

2007. 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service 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. 

3Each OFA must be accompanied by the filing 

fee, which currently is set at $1,300. See 49 CFR 

1002.2(f)(25). 

1MMT was authorized to lease and operate the 

line in Mission Mountain Railroad, Inc.—

Acquisition Exemption—The Burlington Northern 

and Santa Fe Railway Company, STB Finance 

Docket No. 34634 (STB served Jan. 19, 2005). 

2BNSF Railway Company was authorized to 

abandon the above-described line in BNSF Railway 

Company—Abandonment Exemption—in Flathead 

County, MT, STB Docket No. AB–6 (Sub-No. 444X) 

(STB served Sept. 28, 2006). 

3Each OFA must be accompanied by the filing 

fee,which currently is set at $1,300. See 49 CFR 

1002.2(f)(25). 

4Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. Likewise, 

no environmental or historical documentation is 

required here under 49 CFR 1105.6(c) and 

1105.8(b), respectively. 

GTW has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic to be rerouted; (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 is pending with the 

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 (environmental reports), 49 CFR 

1105.8 (historic reports), 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 R. Co.—

Abandonment—Goshen, 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 20, 

2007, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,2

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),3 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by May 31, 

2007. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by June 11, 2007, 

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 GTW’s 

representative: Thomas J. Healey, 17641 

S. Ashland Avenue, Homewood, IL 

60430–1345. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

GTW has filed a combined 

environmental report and historic report 

which addresses the effects, if any, of 

the abandonment on the environment 

and historic resources. SEA will issue 

an environmental assessment (EA) by 

May 25, 2007. Interested persons may 

obtain a copy of the EA by writing to 

SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service 

(FIRS) 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), GTW 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 

GTW’s filing of a notice of 

consummation by May 21, 2008, 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: May 11, 2007. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–9584 Filed 5–18–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1009X] 

Mission Mountain Railroad, Inc.—

Discontinuance of Service 

Exemption—in Flathead County, MT 

Mission Mountain Railroad, Inc. 

(MMT) 1 has filed a verified notice of 

exemption under 49 CFR 1152 Subpart 

F—Exempt Abandonments and 

Discontinuances of Service to 

discontinue service over a 0.42-mile line 

of railroad between Engineering Station 

189+36 and Engineering Station 167+00, 

in Flathead County, MT.2 The line 

traverses United States Postal Service 

Zip Code 59901. 

MMT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line to be rerouted; (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 is pending with the 

Surface Transportation 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 1105.12 

(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 

discontinuance of service shall be 

protected under Oregon Short Line R. 

Co.—Abandonment—Goshen, 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 20, 

2007, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues and 

formal expressions of intent to file an 

OFA for continued rail service under 49 

CFR 1152.27(c)(2),3 must be filed by 

May 31, 2007.4 Petitions to reopen must 

be filed by June 11, 2007, with: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to MMT’s 

representative: Karl Morell, Ball Janik 

LLP, 1455 F Street, NW., Suite 225, 

Washington, DC 20005. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 


pwalker on PROD1PC71 with NOTICES