67936 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices

1The City simultaneously filed a motion to

dismiss the notice of exemption. The Board will

address the jurisdictional issue raised by the motion

to dismiss in a subsequent decision.

2The lease was executed in 1895 by NCRR and

Southern Railway Company (NS’s predecessor). See

Norfolk Southern Railway Company and Atlantic

and East Carolina Railroad Company—Lease and

Operation Exemption—North Carolina Railroad

Company, Finance Docket No. 32820 (ICC served

Dec. 22, 1995).

requirements and thus provide a higher

level of public protection than exists

today.

B. Offers a good opportunity to

evaluate risk management as a

component of the Federal pipeline

safety regulatory program. OPS believes

the Demonstration Program could

benefit from SPLC’s participation, given

some of the distinguishing features of its

proposed demonstration project,

including:

• Comprehensive evaluation of two

distinctly different pipeline systems

transporting different products, in

different locations with substantially

different surroundings, representing

significantly different risks;

• Emphasis on improving damage

prevention and emergency response

coordination;

• Concentrated public outreach and

risk communications efforts;

• A good illustration (on the TexasLouisiana line) of how companies can

use risk management to improve safety

without seeking to reduce costs incurred

by existing regulations;

• Willingness to share information

with OPS and state pipeline safety

agencies on the specific risks associated

with the demonstration line segments,

as well as its risk management program

and processes (which is far more

information than is typically provided

in the existing compliance process).

This additional information allows OPS

to more effectively ensure safe

operation, as well as helps OPS

understand how risk management might

be employed to supplement the existing

regulatory framework; and

• Systematic allocation of resources

to potentially higher-risk operations.

How Will OPS Oversee This Project?

OPS retains its full authority to

administer and enforce all regulations

governing pipeline safety. Except for the

increase in maximum operating

pressure over the initial 25-mile

segment of the Cortez line, SPLC is not

requesting any regulatory relief or

exemptions. Both of these lines will be

subject to routine OPS inspection to

ensure compliance with the applicable

Federal Pipeline Safety Regulations. In

addition, subsequent to approval, the

Demonstration Project will be

monitored by a Project Review Team

(PRT) consisting of OPS headquarters

and regional staff and state pipeline

safety officials. The PRT is designed to

be a more comprehensive oversight

process, which draws maximum

technical experience and perspective

from all affected OPS regional and

headquarters offices as well as any

affected state agencies that would not

normally provide oversight on interstate

transmission projects. One of the

primary functions of this Team will be

to conduct periodic risk management

audits, which will be performed in

addition to the normal OPS inspections.

These risk management audits will be

used to ensure company compliance

with the specific terms and conditions

of the OPS Order authorizing this

Demonstration Project. OPS is

developing a detailed audit plan,

tailored to the unique requirements of

the SPLC Demonstration Project. This

plan will describe the audit process

(e.g., types of inspections, methods, and

their frequency), as well as the specific

requirements for reporting information

and performance measure data to OPS.

Information Provided to the Public

OPS has previously provided

information to the public about the

SPLC project, and has requested public

comment, using many different sources.

OPS aired two electronic ‘‘town

meetings’’ (June 5, 1997, and September

17, 1997) enabling viewers of the twoway live broadcasts to pose questions

and voice concerns about candidate

companies (including SPLC). Two

earlier Federal Register notices (62 FR

40135; July 25, 1997 and 62 FR 53052;

October 10, 1997) informed the public

that SPLC was interested in

participating in the Demonstration

Program, provided general information

about technical issues and risk control

alternatives to be explored, and

identified the geographic areas the

demonstration project would traverse.

Since August, OPS has used an

Internet-accessible data system called

the Pipeline Risk Management

Information System (PRIMIS) at http://

www.cycla.com/opsdemo to collect,

update, and exchange information about

all demonstration candidates, including

SPLC.

At a November 19, 1997, public

meeting OPS hosted in Houston, TX,

SPLC officials presented a summary of

the proposed demonstration project and

answered questions from meeting

attendees. (Portions of this meeting were

broadcast on December 4, 1997. This

broadcast is available on demand via

our OPS website ops.dot.gov/

tmvid.htm.)

OPS has provided a prospectus,

which includes a map of the

demonstration sites, to State officials

and community representatives who

may be interested in reviewing project

information, providing input, or

monitoring the progress of the project.

This notice is the last public comment

opportunity prior to approval of SPLC’s

demonstration project.

Issued in Washington, DC on December 23,

1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–33863 Filed 12–29–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33529]

City of Charlotte, North Carolina—

Acquisition Exemption—

Certain Assets of the North Carolina

Railroad Company

The City of Charlotte, NC (the City),

a noncarrier, has filed a verified notice

of exemption under 49 CFR Part 1150,

Subpart D—Exempt Transactions to

acquire from the North Carolina

Railroad Company (NCRR) certain

physical assets of an approximately 1.1-

mile line of railroad (the Line) located

between 2nd Street and 12th Street in

Charlotte, Mecklenburg County, NC. 1

The City will purchase the Line from

NCRR for the purpose of constructing

and operating a passenger rail transit

system. The City is acquiring the Line

subject to a preexisting lease between

NCRR and Norfolk Southern Railway

Company (NS) 2, whereby NS will

provide all common carrier service on

the Line. NCRR will retain an exclusive

freight operating easement sufficient to

accommodate both NS’s continuing

common carrier obligation and NCRR’s

own residual common carrier

obligation. Consummation of the

transaction is expected on or after

December 18, 1997, the effective date of

the exemption.

This notice is filed under 49 CFR

1150.31. If the notice contains false or

misleading information, the exemption

is void ab initio. A petition 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 Finance Docket No. 33529,

must be filed with the Surface

Transportation Board, Office of the

Secretary, Case Control Branch, 1925 K

Street, N.W., Washington, DC 20423–
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Notices 67937

1ERRC became a carrier pursuant to a notice of

exemption in Effingham Railroad Company—

Operation Exemption—Line Owned by Agracel

Corporation, STB Finance Docket No. 33468 (STB

served Oct. 22, 1997), when it became the operator

of approximately 206.05 feet of track, owned by the

Agracel Corporation, which connects with a

Consolidated Rail Corporation line and serves a

facility in the Effingham industrial park.

2ERRC states that it will also operate an

additional 400 feet of track, within the industrial

park, connecting its existing line of railroad with

TQW’s facility, as a side track, exempt from

regulation pursuant to 49 U.S.C. 10906.

3On December 9, 1997, Joseph C. Szabo, on

behalf of United Transportation Union-Illinois

Legislative Board, filed a petition to stay the

operation of the notice of exemption, as well as to

reject the notice or to revoke the exemption. By

decision served December 16, 1997, the petition for

stay was denied. A subsequent decision will be

issued by the Board on the request to reject or to

revoke the exemption.

1On December 11, 1997, a petition to stay

operation of the exemption filed by IR was filed by

Joseph C. Szabo, on behalf of United Transportation

Union-Illinois Legislative Board. The petition for

stay was denied by the Board in Illinois Railnet,

Inc.—Acquisition and Operation Exemption—The

Burlington Northern and Santa Fe Railway

Company, STB Finance Docket No. 33516 (STB

served Dec. 16, 1997).

0001. In addition, a copy of each

pleading must be served on Kevin M.

Sheys, Oppenheimer Wolff & Donnelly,

1020 Nineteenth Street, N.W., Suite 400,

Washington, DC 20036–6105.

Decided: December 18, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33856 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33528]

Effingham Railroad Company,

Operation Exemption—Line Owned by

Total Quality Warehouse

Effingham Railroad Company (ERRC),

a Class III rail carrier,1 has filed a

verified notice of exemption under 49

CFR 1150.31 to operate over

approximately 9,201 feet of railroad line

that will be constructed for and

acquired by Total Quality Warehouse

(TQW), located in an industrial park in

Effingham, IL,2 connecting TQW’s

facility with the Illinois Central Railroad

Company.

Construction of the track is expected

to begin in January 1998, and ERRC will

begin operations under agreement with

TQW, as soon as construction is

completed.

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.3 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. 33528, 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 John M.

Robinson, 9616 Old Spring Road,

Kensington, MD 20895.

Decided: December 19, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33857 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33516]

Illinois Railnet, Inc.; Acquisition and

Operation Exemption—The Burlington

Northern and Santa Fe Railway

Company

Illinois Railnet, Inc. (IR), a noncarrier,

has filed a verified notice of exemption

under 49 CFR 1150.31 to acquire from

The Burlington Northern and Santa Fe

Railway Company (BNSF) and to

operate approximately 56.67 miles of

rail line between milepost 40.73, near

Montgomery, and milepost 97.40, at

Streator, in Kendall and LaSalle

Counties, IL. In addition, IR will acquire

for a 99-year period incidental overhead

trackage rights from BNSF between

milepost 40.73, near Montgomery, and

milepost 33.4, near Eola, including

operations over tracks 1, 2, and 3 in the

Sheep Yard near milepost 40.0, in the

vicinity of Montgomery and over all

tracks in the Eola rail yard.1

The earliest the transaction could be

consummated was December 9, 1997,

the effective date of the exemption (7

days after the exemption was filed).

This transaction is related to STB

Finance Docket No. 33517, North

American Railnet, Inc.—Continuance in

Control Exemption—Illinois Railnet,

Inc., wherein North American Railnet,

Inc. has concurrently filed a verified

notice to continue in control of IR 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. 33516, 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 John D.

Heffner, Rea, Cross & Auchincloss, 1920

N Street, N.W., Suite 420, Washington,

DC 20036.

Decided: December 16, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–33858 Filed 12–29–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33517]

North American Railnet, Inc.;

Continuance in Control Exemption—

Illinois Railnet, Inc.

North American Railnet, Inc. (Railnet)

has filed a notice of exemption to

continue in control of the Illinois

Railnet, Inc. (IR), upon IR’s becoming a

Class III railroad.

The earliest the transaction could be

consummated was December 9, 1997,

the effective date of the exemption (7

days after the exemption was filed).

This transaction is related to STB

Finance Docket No. 33516, Illinois

Railnet, Inc.—Acquisition and

Operation Exemption—The Burlington

Northern and Santa Fe Railway,

wherein IR seeks to acquire and operate

a rail line from The Burlington Northern

and Santa Fe Railway.

Applicant controls one existing Class

III railroad: Nebraska, Kansas, &

Colorado Railnet, Inc., operating in the

States of Kansas, Nebraska, and

Colorado.

Applicant states that: (i) The rail lines

to be operated by IR 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 IR’s lines with any railroad 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).