1488 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

1On December 31, 1996, International

Brotherhood of Locomotive Engineers (IBLE) filed

a petition to reject the notices of exemption filed

in STB Finance Docket Nos. 33300 and 33301 or to

revoke the exemptions. The petition also supports

a statement by Claire Shulman, President of the

Borough of Queens (Shulman), filed December 11,

1996, which IBLE characterizes as a petition for

rejection or revocation. By decision served on

December 20, 1996, NYAR was granted an

extension until January 10, 1997, for its reply to

Shulman. The Shulman and IBLE filings, as well as

any replies, will be considered by the entire Board

in a separate decision.

rail operating in three states: Chicago

SouthShore & South Bend Railroad Co.,

operating in Northern Illinois and

Northern Indiana; and Louisville &

Indiana Railroad Company, operating in

Southern Indiana and Northern

Kentucky.

Applicants state that: (i) the railroads

will not connect with each other or any

railroad in their corporate family; (ii)

the continuance in control is not part of

a series of anticipated transactions that

would connect the railroads with each

other or any railroad in their 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).

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 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. 33301, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Paul C. Oakley, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., Suite 800, 1350

New York Avenue, N.W., Washington,

DC 20005–4797.

Decided: January 7, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–626 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33300]

New York & Atlantic Railway Company;

Operation Exemption; The Long Island

Rail Road Company

New York & Atlantic Railway

Company (NYAR), a noncarrier, has

filed a verified notice of exemption

under 49 CFR 1150.31 to acquire the

freight operations of The Long Island

Rail Road Company (LIRR), a New York

State public benefit corporation,

including the right to operate the freight

business on an exclusive basis, and

conduct other freight operations on

approximately 268.6 route miles in the

State of New York, as follows: (1) The

Bay Ridge Branch (MP 4.0 to MP 16.0),

the Central Extension (MP 19.1 to MP

21.2), and the Bushwick Branch (MP 4.0

to MP 6.0) (collectively, the Freight

Line); and (2) the Main Line (MP 9.3 to

MP 94.3), the Montauk Branch (MP 0.0

to MP 115.8), the Port Jefferson Branch

(MP 24.9 to MP 58.0), the Central

Branch (MP 28.7 to MP 35.9), the

Central Extension (MP 18.7 to MP 19.1),

the Hempstead Branch (MP 13.3 to MP

18.7), the West Hempstead Branch (MP

15.5 to MP 20.1), and the Montauk Cutoff (MP 0.3 to MP 1.3) (collectively the

Joint Use Line, and, together with the

Freight Line, the Subject Line). LIRR

will continue to provide passenger

operations on the Joint Use Line. NYAR

will conduct exclusive freight

operations on the Subject Line for an

initial term of 20 years, with an

extension option, under certain

circumstances, for an additional 10

years.

The exemption was to become

effective on December 12, 1996, and the

parties expect to consummate the

transaction in the first quarter of 1997.

This transaction is related to a

concurrently filed verified notice to

continue in control of NYAR, upon its

becoming a Class III rail carrier in STB

Finance Docket No. 33301, Peter A.

Gilbertson, H. Terry Hearst, Bruce A.

Lieberman, R. Lawrence McCaffrey, Jr.,

and Harold F. Parmly —Continuance in

Control Exemption—New York &

Atlantic Railway Company.1

In addition to the filings mentioned in

footnote 1, the Board received a number

of letters from local governments,

officials, and community leaders

concerned with the movement of

municipal solid waste (MSW) through

their communities. LIRR submitted to

the Board’s Section of Environmental

Analysis (SEA) an Environmental

Assessment (EA), which was prepared

under the New York State

Environmental Quality Review Act by

ICF Kaiser Consulting Group, and

summary information drawn from its

EA. The information provided by LIRR

states that MSW carloads are projected

to increase regardless of whether LIRR

continues to conduct freight operations

or the operations are transferred to

NYAR.

SEA has carefully reviewed the EA

and summary information submitted by

LIRR. SEA has determined that the

information satisfies the Board’s

obligations under the National

Environmental Policy Act and provides

the sufficient analysis which would

normally be prepared by SEA in railroad

operations that exceed the Board’s

thresholds at 49 CFR 1105.7(e)(4)(5).

Therefore, the EA and summary

information will be adopted as the

Board’s own with a finding that there

will be no significant environmental

impacts associated with the proposed

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

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33300, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Paul C. Oakley, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., Suite 800, 1350

New York Avenue, N.W., Washington,

DC 20005–4797.

Decided: January 7, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–627 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33331]

Respondek Railroad Corporation;

Acquisition and Operation Exemption;

Evansville Terminal Company

Respondek Railroad Corporation

(Respondek), a noncarrier, has filed a

verified notice of exemption under 49

CFR 1150.31 to acquire and operate

approximately 17.7 miles of line owned

by the Evansville Terminal Company

(Evansville): (1) Between milepost 227.5
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1489

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.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C. 2d 164 (1987).

3The Board will accept late-filed trail use

requests as long as the abandonment has not been

consummated and the abandoning railroad is

willing to negotiate an agreement.

at Poseyville, IN, and milepost 244.7 at

Evansville, IN; and (2) between milepost

B–204.3 and milepost B–205 at Browns,

IL.

The transaction was expected to be

consummated on or after the December

30, 1996 effective date of the exemption.

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. 33331, must be filed with

the Office of the Secretary, Surface

Transportation Board, Case Control

Branch, 1201 Constitution Avenue,

NW., Washington, DC 20423. In

addition, a copy of each pleading must

be served on Andrew P. Goldstein, Esq.,

McCarthy, Sweeney & Harkaway, P.C.,

Suite 1105, 1750 Pennsylvania Avenue,

NW., Washington, DC 20006.

Decided: January 3, 1997.

By the board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–625 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–55 (Sub-No. 538X)]

CSX Transportation, Inc.;

Abandonment Exemption; in Fayette

and Nicholas Counties, WV

CSX Transportation, Inc. (CSXT) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 15.27 miles of its line of

railroad between milepost CAF–43.7,

Valuation Station 1240+00, at Russ

Junction and milepost CAF–58.97,

Valuation Station 436+00, at Peters

Junction, in Fayette and Nicholas

Counties, WV.

CSXT 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; (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 (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 February

9, 1997, 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 3 must be filed by January

21, 1997. Petitions to reopen or requests

for public use conditions under 49 CFR

1152.28 must be filed by January 30,

1997, with: Office of the Secretary, Case

Control Branch, Surface Transportation

Board, 1201 Constitution Avenue, N.W.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Charles M. Rosenberger,

Senior Counsel, 500 Water Street, J150,

Jacksonville, FL 32202.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

CSXT 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 January 15, 1997.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Surface Transportation Board,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. 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.

Decided: January 6, 1997.

By the board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–630 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement

Network

Privacy Act of 1974, as Amended,

System of Records

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of altered Privacy Act

system of records.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Financial Crimes Enforcement Network

(FinCEN), Department of the Treasury

(Treasury), gives notice of a proposed

alteration to an existing system of

records entitled the ‘‘Bank Secrecy Act

Reports File—Treasury/Customs .067’’

and its renaming and renumbering as a

Treasury-wide system of records ‘‘Bank

Secrecy Act Reports System—Treasury/

DO .213.’’ The system notice was last

published in its entirety in the Federal

Register, Volume 60, page 56776,

November 9, 1995.

DATES: Comments must be received no

later than February 10, 1997. The

system of records will be effective as of

February 19, 1997, unless comments are

received that result in a contrary

determination and notice is published

to that effect.

ADDRESSES: Written comments should

be sent to Office of Legal Counsel,

FinCEN, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182–2536, Attention:

BSA System of Records. Comments will

be made available for inspection and

copying by appointment. To make an

appointment, please contact Eileen

Dolan, Office of Legal Counsel, FinCEN,

at 703–905–3590.

FOR FURTHER INFORMATION CONTACT:

Cynthia A. Langwiser, Attorney

Advisor, Office of Legal Counsel,

FinCEN, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182–2536, (703)

905–3582.

SUPPLEMENTARY INFORMATION: The

Department of the Treasury is amending