Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices 34959

10The comments of BMWE and UTU will be

considered along with any other comments received

in response to this notice.

anticipated changes at rail yards and

intermodal facilities, and the number,

type, and location of proposed

construction projects. However, if SEA

determines that this proceeding has the

potential for significant environmental

impacts, then SEA may prepare an

Environmental Impact Statement, as

required by the National Environmental

Policy Act (NEPA).

Applicants originally proposed to file

an environmental report 30 days after

they filed their application. In a letter

dated June 18, 1998, however,

Applicants requested that SEA conduct

a modified environmental review

process in this proceeding. SEA concurs

with this approach. Under this

approach, Applicants will provide, with

their application and operating plan, an

environmental overview rather than an

environmental report. This is consistent

with the Board’s environmental rules at

49 CFR 1105.10 (d), which waive the

requirement for an environmental report

for applicants that retain an

independent third-party contractor to

work under SEA’s direction to prepare

the necessary environmental

documentation. For this proceeding,

Applicants have retained the requisite

independent third-party contractor.

With direction and guidance from

SEA, Applicants will prepare and

submit to SEA a Preliminary Draft

Environmental Assessment (PDEA).

Preparation of a PDEA is consistent with

the Council on Environmental Quality

regulations at 40 CFR 1506.5(b) that

permit preparation of an environmental

assessment by an applicant. Upon

receipt of Applicants’ PDEA, SEA will

review and verify the environmental

information provided by Applicants in

this document. SEA will then prepare a

Draft Environmental Assessment (Draft

EA) for public review and comment.

The Draft EA will include SEA’s

independent preliminary

recommendations for mitigation to

address potentially adverse

environmental impacts.

As part of the environmental review

process, Applicants also propose to

submit a safety integration plan, which

will fully describe the extensive plans

they have for maximizing the safe

operation of the combined system.

After reviewing all of the public

comments on the Draft EA and

conducting additional analyses, SEA

will prepare a Final Environmental

Assessment (Final EA). The Final EA

will include SEA’s final

recommendations for environmental

mitigation. The Board will consider all

public comments, the Draft EA and

Final EA, and SEA’s environmental

recommendations in making its final

decision in this proceeding.

Other Matters

Applicants recommend that, in

addition to noting that new evidence

may not be filed with briefs, the Board

should further clarify that crossexamination depositions of rebuttal

witnesses cannot be used as a vehicle

for adding to the evidentiary record any

documents not filed with the Board as

part of the application or one of the

rounds of evidentiary filings specifically

provided for by the Board’s schedule.

Applicants suggest that the Board

include in its procedural schedule

language which reminds parties that, in

discovery and in submissions to the

Board, they focus strictly on relevant

issues.

Applicants request that the Board

direct that parties wishing to engage in

discovery consult with the ALJ

designated to handle all discovery

matters and to resolve initially all

discovery disputes, and that the Board

give the ALJ authority to adopt

discovery guidelines and rule on

discovery matters but not to modify the

procedural schedule.

Applicants also suggest that the Board

require appeals of ALJ decisions to be

filed within 3 working days of the date

of a bench ruling, or in its absence the

date of a written ruling, with replies to

appeals or to any motion filed with the

Board to be filed within 3 working days.

We invite all interested persons to

submit written comments on the

procedural schedule we are proposing

here. Comments must be filed by July

16, 1998. Applicants may reply by July

27, 1998.10

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: June 22, 1998.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 98–17132 Filed 6–25–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33585]

RailTex, Inc.—Control Exemption—

Central Properties, Inc., The Central

Railroad Company of Indianapolis, and

The Central Railroad Company of

Indiana

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10502, the

Board exempts from the prior approval

requirements of 49 U.S.C. 11323–25 the

acquisition of control by RailTex, Inc.,

of The Central Railroad Company of

Indianapolis and The Central Railroad

Company of Indiana, Class III rail

carriers, through the purchase of all of

the stock of their noncarrier parent

holding company, Central Properties,

Inc.

DATES: The exemption will be effective

July 26, 1998. Petitions to stay must be

filed by July 13, 1998, and petitions to

reopen must be filed by July 21, 1998.

ADDRESSES: Send an original and 10

copies of all pleadings referring to STB

Finance Docket No. 33585 to: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, NW, Washington, DC 20423–

0001. In addition, send one copy of

pleadings to petitioner’s representative:

Karl Morell, Ball Janik LLP, Suite 225,

1455 F Street, NW, Washington, DC

20005.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar (202) 565–1600. [TDD

for the hearing impaired (202) 565–

1695.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., 1925 K Street, NW, Suite 210,

Washington, DC 20006. Telephone:

(202) 289–4357. [Assistance for the

hearing impaired is available through

TDD services (202) 565–1695.] Board

decisions and notices are available on

our website at WWW.STB.DOT.GOV.

Decided: June 22, 1998.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 98–17133 Filed 6–25–98; 8:45 am]

BILLING CODE 4915–00–P