25562 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices

1This will connect FVW Line Two with the WCL

line. FVW Line One is already connected to the

WCL line.

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 575]

Review of Rail Access and

Competition Issues

AGENCY: Surface Transportation Board,

DOT.

ACTION: Convening of conference.

SUMMARY: A conference will be held on

May 21, 1998, to address certain issues

related to rail access and competition.

DATES: May 21, 1998.

ADDRESSES: Federal Regulatory Energy

Commission, 888 First Street, N.E.,

Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Administrative Law Judge Jacob

Leventhal, (202) 219–2538 or Joseph H.

Dettmar, (202) 565–1600 [TDD for the

hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: On April

17, 1998, the Surface Transportation

Board issued a decision addressing

issues that had been raised concerning

rail access and competition in today’s

railroad industry. Among other things,

the decision directed railroads to meet

with shippers, under the supervision of

an Administrative Law Judge, to discuss

issues relating to ‘‘revenue adequacy’’

and ‘‘competitive access.’’ An initial

conference was held on April 28, 1998.

A further conference will be held on

May 21, 1998, in a hearing room at the

Federal Energy Regulatory Commission,

888 First Street N.E., Washington, D.C.

Decided: May 4, 1998.

By the Board, Jacob Leventhal,

Administrative Law Judge.

Vernon A. Williams,

Secretary.

[FR Doc. 98–12166 Filed 5–7–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33583]

Wisconsin Central Ltd. and Fox Valley

& Western Ltd.—Joint Relocation

Project Exemption—In Fond Du Lac,

WI

Wisconsin Central Ltd. (WCL) and

Fox Valley & Western Ltd. (FVW) have

jointly filed a notice of exemption under

49 CFR 1180.2(d)(5) to enter into a

project to relocate lines of railroad in

Fond Du Lac, WI. Both WCL and FVW

are Class II railroads commonly

controlled by Wisconsin Central

Transportation Company. The

transaction was expected to be

consummated on or shortly after April

16, 1998, the effective date of the

exemption.

WCL and FVW own and operate

parallel lines of railroad through Fond

Du Lac, WI. The joint relocation will

reroute operations from, and allow

removal of, duplicative rail lines. Under

the joint project, WCL and FVW agree

to the following transactions: (1) WCL

will abandon its line of railroad on FVW

Line One between MP–175.85 near

Dixie and Morris Street and MP–178.40

north of Scott Street, a distance of

approximately 2.55 miles, and will also

abandon its line of railroad on FVW

Line Two between MP–145.58 near

Guinette and Woodlawn Avenues and

MP–146.24 north of Ninth Street where

it connects with FVW Line One, a

distance of approximately .66 miles, all

in Fond Du Lac, WI; (2) FVW will

construct a connecting track of

approximately 2,430 feet in length

between the WCL Line and FVW Line

Two in the vicinity of Morris and Dixie

Streets; 1 and (3) WCL will grant FVW

trackage rights over the WCL Line

between MP–154.87 at Dixie and

Farwell Streets and MP–157.24 north of

Scott Street, a distance of 2.37 miles.

The proposed joint relocation project

will simplify rail operations. The notice

states that no shippers will be adversely

affected by these relocations or lose

access to any rail service currently

provided by WCL or FVW. It also states

that Stock Lumber, Inc., located at MP–

177.78 on FVW Line One, will continue

to receive rail service via trackage that

FVW is contractually bound to retain

after the joint relocation project is

completed.

The Board will exercise jurisdiction

over the abandonment or construction

components of a relocation project, and

require separate approval or exemption,

only where the removal of track affects

service to shippers or the construction

of new track involves expansion into

new territory. See City of Detroit v.

Canadian National Ry. Co., et al., 9

I.C.C.2d 1208 (1993), aff’d sub nom.,

Detroit/Wayne County Port Authority v.

ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line

relocation projects may embrace

trackage rights transactions such as the

one involved here. See D.T.&I.R.—

Trackage Rights, 363 I.C.C. 878 (1981).

Under these standards, the incidental

abandonment, construction, and

trackage rights components require no

separate approval or exemption when

the relocation project, as here, will not

disrupt service to shippers and thus

qualifies for the class exemption at 49

CFR 1180.2(d)(5).

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

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. 33583, 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: Michael J.

Barron, Esq., Wisconsin Central Ltd. and

Fox Valley & Western Ltd., 6250 North

River Road, Suite 9000, Rosemont, IL

60018.

Decided: May 4, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–12310 Filed 5–7–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Submission to OMB for Review;

Comment Request

April 30, 1998.

The Department of Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104–13. Copies of the

submission(s) may be obtained by

calling the Treasury Bureau Clearance

Officer listed. Comments regarding this

information collection should be

addressed to the OMB reviewer listed

and to the Treasury Department

Clearance Officer, Department of the

Treasury, Room 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

DATES: Written comments should be

received on or before June 8, 1998 to be

assured of consideration.

Internal Revenue Service (IRS)

OMB Number: 1545–0056.

Form Number: IRS Forms 1023 and

872–C.