Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Notices 60245

1Pioneer is a publicly traded shortline railroad

holding company and noncarrier that controls 13

Class III shortline railroads, including MSO.

2Pioneer and MSO state that MSRR owns part of

the Michigan Segment and that MSRR (despite its

description as a ‘‘nonoperating’’ railroad)

‘‘operates’’ the balance of the Michigan Segment

under an agreement with a shipper association.

According to the verified notice of exemption, the

ownership of part or all of the Michigan segment

is presently in dispute.

3MSO has a haulage agreement with Norfolk

Southern Railway Company (NS) from Elkhart to

Fort Wayne, IN, which permits MSO to market Fort

Wayne as a station on MSO’s line. Upon

consummation of this transaction, Fort Wayne will

become a station of E&WR.

4MSO also has a haulage agreement with NS from

White Pigeon to Fort Wayne, which permits MSO

to market Fort Wayne as a station on MSO’s line.

Upon consummation of this transaction, Fort

Wayne will continue to be a station of MSO.

a copy of a September 1, 1998 internal

memorandum referring to PD–13(R) and

advising the Fire Marshal’s staff that ‘‘a

permit on a transportation vehicle

* * * shall not be placed on the tank,

but shall be placed on the vehicle.’’

It is clear that Nassau County’s permit

sticker is not a ‘‘label’’ as that term is

used in the HMR, nor could it be

mistaken for a hazard class label. See 49

CFR Part 172, subpart E. Nor is the

sticker a marking of hazardous material

within the meaning and intent of the

HMR’s hazard communication

requirements. Nothing in NYPGA’s

petition for reconsideration or the

comments submitted in response to that

petition shows that the requirement to

place the permit sticker on the vehicle

creates an obstacle to accomplishing

and carrying out hazardous material

transportation law or the HMR.

III. Ruling

Federal hazardous material

transportation law preempts the

requirement in Sections 6.7(A) and (B)

of Ordinance No. 344–1979 for a permit

to deliver LPG within Nassau County

with respect to trucks that are based

outside of Nassau County. As applied to

and enforced against those vehicles, that

requirement causes unnecessary delays

in the transportation of hazardous

materials to Nassau County from

locations outside of Nassau County and,

accordingly, creates an obstacle to

accomplishing and carrying out Federal

hazardous material transportation law

and the HMR.

Nassau County’s permit requirement

does not create unnecessary delays in

the transportation of hazardous

materials, and is not preempted, with

respect to trucks that are based within

Nassau County.

No person requested reconsideration

of that part of RSPA’s August 25, 1998

determination which found that Federal

hazardous material transportation law

preempts Section 6.8 of Ordinance No.

344–1979 for a certificate of fitness,

insofar as that requirement is applied to

a motor vehicle driver who sells or

delivers LPG, because Section 6.8

imposes more stringent training

requirements than provided in the

HMR.

IV. Final Agency Action

In accordance with 49 CFR

107.211(d), this decision constitutes

RSPA’s final agency action on NYPGA’s

application for a determination of

preemption as to the requirements in

Sections 6.7(A) and (B) of Nassau

County Ordinance No. 344–1979 for a

permit to pick up or deliver LPG within

Nassau County. Any party to this

proceeding ‘‘may bring a civil action in

an appropriate district court of the

United States for judicial review of

[this] decision * * * not later than 60

days after the decision becomes final.’’

49 U.S.C. 5125(f).

Because no party sought

reconsideration of RSPA’s

determination in PD–13(R) that Federal

hazardous material transportation law

preempts Section 6.8 of Nassau County

Ordinance No. 344–1979 for a certificate

of fitness, as applied to motor vehicle

drivers, that determination published in

the Federal Register on August 25,

1998, constituted RSPA’s final agency

action.

Issued in Washington, D.C. on October 3,

2000.

Robert A. McGuire,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 00–25953 Filed 10–6–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33941]

Pioneer Railcorp and Michigan

Southern Railroad Company-Corporate

Family Transaction Exemption

Pioneer Railcorp (Pioneer) and

Michigan Southern Railroad Company

(MSO) have filed a verified notice of

exemption.1 MSO owns 100% of the

stock of Michigan Southern Railroad

Co., Inc. (MSRR), a nonoperating Class

III shortline railroad, which owns a

property interest in three segments of

railroad currently leased and operated

by MSO. The three segments of railroad

are described as follows: (1) between

milepost 0.0, at Elkhart, IN, and

milepost 9.8, at Mishiwaka, IN (Elkhart

Segment); (2) between milepost 119.0

and milepost 120.1, at Kendallville, IN

(Kendallville Segment); and (3) between

milepost 382.5, at or near Coldwater,

MI, and milepost 421.2, at or near White

Pigeon, MI (Michigan Segment).2

The exempt transaction involves the

reorganization of the MSO railroad

holdings and the creation of two new

subsidiaries of MSO: Elkhart & Western

Railroad, Co. (E&WR) and Kendallville

Terminal Railway Co. (KTR). MSO will

assign its operating leases of the Elkhart

Segment to E&WR3 and of the

Kendallville Segment to KTR. MSO will

continue to operate the Michigan

Segment.4 MSRR will continue to own

the three segments of railroad.

The transaction is expected to be

consummated on September 29, 2000.

This is a transaction within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction

will not result in adverse changes in

service levels, significant operational

changes, or changes in the competitive

balance with carriers outside the

corporate family.

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

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

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33941, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on John D.

Heffner, Esq., REA, CROSS &

AUCHINCLOSS, 1707 L Street, N.W.,

Suite 570, Washington, DC 20036.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: September 29, 2000.

60246 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Notices

1The 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 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.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–25954 Filed 10–6–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–88 (Sub–No. 10X)]

Bessemer and Lake Erie Railroad

Co.—Abandonment Exemption—in

Armstrong and Butler Counties, PA

Bessemer and Lake Erie Railroad

Company (B&LE) has filed a verified

notice of exemption under 49 CFR part

1152 subpart F—Exempt Abandonments

and Discontinuances to abandon and

discontinue service over its line of

railroad known as the Western

Allegheny Branch, extending from

Station 1400+80 East to End of Track, at

Station 2460+98, in Armstrong and

Butler Counties, PA, a distance of 20.1

miles (line). The line traverses United

States Postal Service Zip Codes 16025,

16028, 16041, and 16061.

B&LE has certified that: (1) No local

traffic has been handled over the line for

at least 2 years; (2) no overhead traffic

has been handled over the line for at

least 2 years; (3) no formal complaint

filed by a user of rail service on the line

(or by a state or local government

agency acting on behalf of such user)

regarding cessation of service over the

line is either pending with the Surface

Transportation Board (Board) or 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 November 9, 2000, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,1 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),2 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by October 20,

2000. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by October 30,

2000, with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423–0001.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Thomas R. Ogoreuc,

Esq., Bessemer and Lake Erie Railroad

Company, 135 Jamison Lane,

Monroeville, PA 15146. If the verified

notice contains false or misleading

information, the exemption is void ab

initio.

B&LE has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by October 16, 2000.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423–0001) or by

calling SEA, at (202) 565–1545.

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), B&LE 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

B&LE’s filing of a notice of

consummation by October 10, 2001, 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 website at

‘‘WWW.STB.DOT.GOV.’’

Decided: September 28, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–25757 Filed 10–6–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network

Proposed Collection; Comment

Request

AGENCY: Financial Crimes Enforcement

Network (FinCEN), Treasury.

ACTION: Notice and request for

comments.

SUMMARY: As part of its continuing effort

to reduce paperwork and respondent

burden, FinCEN invites the general

public and other Federal agencies to

comment on a proposed information

collection contained in a new form,

‘‘Registration of Money Services

Business.’’ The form will be used by

check cashers, currency exchangers,

money order and traveler’s check

businesses, and money transmitters to

register with the Department of the

Treasury as required by statute. This

request for comments is being made

pursuant to the Paperwork Reduction

Act of 1995, Public Law 104–13 (44

U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be

received on or before December 11, 2000

to be assured of consideration.

ADDRESSES: Direct all written comments

to: Office of Chief Counsel, Financial

Crimes Enforcement Network,

Department of the Treasury, Suite 200,

2070 Chain Bridge Road, Vienna, VA

22182–2536, Attention: PRA

Comments—Registration of Money

Services Business. Comments also may

be submitted by electronic mail to the

following Internet address:

‘‘regcomments@fincen.treas.gov’’ with

the caption in the body of the text,

‘‘Attention: PRA Comments—

Registration of Money Services

Business.’’

FOR FURTHER INFORMATION CONTACT:

Requests for additional information

should be directed to Eileen Mayer,

Special Assistant to the Director, (202)

354–6400, or Cynthia Clark, Deputy

Chief Counsel, FinCEN, and Christine

Schuetz, Attorney-Advisor, FinCEN, at

703–905–3590. A copy of the form may

be obtained through the Internet at

http://www.treas.gov/fincen.

SUPPLEMENTARY INFORMATION:

Title: Registration of Money Services

Business.