24418 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Notices

1FMID’s operation of the Lake Wales and Winter

Haven Lines was exempted in Florida Midland

Railroad Company-Acquisition and Operation

Exemption-Rail Lines of CSX Transportation, Inc.,

Finance Docket No. 31151 (ICC served Nov. 27,

1987).

1 GTW states in its February 21, 2001 Reply to

CSX’s Petition for Waiver that it owns Track 239

and contends that CNR is not a proper party to this

proceeding. That contention would properly be the

subject of a motion to dismiss accompanied by

supporting evidence.

Washington, 98055. The application

may be reviewed in person at this same

location.

SUPPLEMENTARY INFORMATION: The FAA

proposes to rule and invites public

comment on the application 01–06–U–

00–YKM to impose and use PFC

revenue at Yakima Air TerminalMcAllister Field, under the provisions

of 49 U.S.C. 40117 and part 158 of the

Federal Aviation Regulations (14 CFR

part 158).

On April 30, 2001, the FAA

determined that the application to

impose and use, the revenue from a PFC

submitted by Yakima Air Terminal

Board, Yakima, Washington, was

substantially complete within the

requirements of § 158.25 of part 158.

The FAA will approve or disapprove the

application, in whole or in part, no later

than August 3, 2001.

The following is a brief overview of

the application.

Level of the proposed PFC: $3.00.

Proposed charge effective date: June

1, 2000.

Proposed charge expiration date:

February 1, 2002.

Total requested for use approval:

$182,313.

Brief description of proposed project:

Construct West Perimeter Road.

Class or classes of air carriers, which

the public agency has requested not be

required to collect PFC’s: Air taxi/

commercial operators filing FAA Form

1800–31.

Any person may inspect the

application in person at the FAA office

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA

Regional Airports Office located at:

Federal Aviation Administration,

Northwest Mountain Region, Airports

Division, ANM–600, 1601 Lind Avenue

SW., Suite 540, Renton, WA 98055–

4056.

In addition, any person may, upon

request, inspect the application, notice

and other documents germane to the

application in person at the Yakima Air

Terminal-McAllister Field.

Issued in Renton, Washington on April 30,

2001.

David A. Field,

Manager, Planning, Programming and

Capacity Branch, Northwest Mountain

Region.

[FR Doc. 01–11471 Filed 5–11–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34031]

Florida Midland Railroad Company—

Acquisition and Operation

Exemption—CSX Transportation, Inc.

Florida Midland Railroad Company

(FMID), a Class III rail carrier, has filed

a verified notice of exemption under 49

CFR 1150.41 to acquire from CSX

Transportation, Inc. (CSXT) two rail

lines described as follows: (1) The Lake

Wales Line, extending (a) from milepost

SV–863.28, in West Lake Wales, FL, to

milepost SV–867.47, in Lake Wales, FL,

and (b) from milepost AVC–843.30, in

Lake Wales, to milepost AVC–857.50, in

Frostproof, FL, a distance of

approximately 18.39 miles; and (2) the

Winter Haven Line, extending from

milepost AW–842.0, in Winter Haven,

FL, to milepost AW–848.0, in

Gordonville, FL, a distance of

approximately 6 miles. The total

distance of the Lake Wales and Winter

Haven Lines is approximately 24.39

miles. FMID will acquire only the track

and track materials. CSXT will retain

ownership of the real property

underlying the right-of-way of the Lake

Wales and Winter Haven Lines, and

FMID will lease that underlying

property from CSXT.1

The transaction is scheduled to be

consummated shortly after May 7, 2001.

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. 34031, 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 Thomas J.

Litwiler, Esq., Fletcher & Sippel LLC,

Two Prudential Plaza, Suite 3125, 180

North Stetson Avenue, Chicago, IL

60601–6721.

Board decisions and notices are

available on our website at

www.stb.dot.gov.

Decided: May 7, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–12050 Filed 5–11–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–31 (Sub No. 38)]

CSX Corporation and CSX

Transportation, Inc.—Adverse

Abandonment—Canadian National

Railway Company and Grand Trunk

Western Railroad Inc.

On April 24, 2001, CSX Corporation

and CSX Transportation, Inc.

(collectively, CSX) filed an adverse

application under 49 U.S.C. 10903

requesting that the Surface

Transportation Board (Board) authorize

the abandonment by Canadian National

Railway Company (CNR) 1 and its

wholly owned affiliate Grand Trunk

Western Railroad Incorporated (GTW),

of a portion of a rail line known as

Track No. 239 extending from milepost

26.4 to milepost 27.0 near 43rd Street

and Damen Avenue, in Chicago, Cook

County, IL, a distance of 2,952 feet. The

track is situated on property leased from

New York Central Lines, L.L.C. (NYC).

The line traverses United States Postal

Service ZIP Code 60609 and includes no

stations. In the alternative, CSX seeks an

order of adverse discontinuance against

GTW’s operations on the line.

CSX indicates that it filed the adverse

abandonment application so that it

could proceed with plans to utilize the

track to service its new 59th Street

intermodal facility. CSX asserts that

serious congestion problems near its

facility have magnified its need to

access and control the right-of-way. CSX

maintains that GTW ceased using the

line in 1996. Under its Operating

Agreement with NYC, CSX

Transportation, Inc. is the operator of

the leased property and the entity with

rights to enforce the lease, acquired as

part of CSX’s acquisition of certain

assets of Consolidated Rail Corporation

(Conrail). CSX asserts that, although it

has trackage rights over the line, GTW

has not allowed it to make necessary

changes to utilize the track, has refused

in recent years to make rent payments

due under the lease agreement, and has

Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Notices 24419

2Conrail exercised its lease termination rights to

recover possession of the underlying land by giving

30 days’ notice. It also sought possession of the

track, pursuant to lease terms that allowed CSX to

retain improvements on the property if GTW fails

to remove all improvements within 10 days after

the lease is terminated. Specifically, in May 2000,

CSX filed a forcible entry and detainer action

against GTW in the U.S. District Court for the

Northern District Illinois, CSX Transportation, Inc.

v. Canadian National Railway Co., et. al, Case No.

OOC 1462 (N.D. Ill.). The District Court granted

defendants’ motion to dismiss concluding that the

Board has exclusive jurisdiction to determine

whether the track is subject to its regulatory

jurisdiction.

3See Modern Handcraft, Inc.—Abandonment,

363 I.C.C. 969 (1981); Kansas City Pub. Ser. Frgt.

Operations Exempt.—Aban., 7 I.C.C.2d 216, 244–26

(1990); and Chelsea Property Owners—Aban.—The

Consol. R. Corp., 8 I.C.C.2d 773, 778 (1992), aff’d

sub nom. Conrail v. ICC, 29 F.3d 706 (D.C. Cir.

1994).

4CSX also requests an exemption from statutory

requirements at 49 U.S.C. 10903(a)(3) and 10903(c).

However, because the Board has already ruled on

CSX’s previous request for waivers from

corresponding Board regulations, that portion of the

request will be dismissed as moot.

refused to vacate the premises. CSX

seeks to enforce a termination clause

contained in the lease under state law.2

This agency and its predecessor have

long held that granting an adverse

abandonment application would remove

this agency’s primary jurisdiction over

the line, thereby subjecting the line to

actions under state law.3

In a decision served in this

proceeding on March 2, 2001, CSX was

granted a waiver from many of the filing

requirements of the Board’s

abandonment regulations at 49 CFR

1152 that were not relevant to its

adverse abandonment application.

Specifically, CSX was granted waiver

from the notice requirements at 49 CFR

1152.20(a)(2)(i) and the content

requirements at 49 CFR 1152.22(a)(5),

(b), (c), (d), (e)(1), (e)(2), (e)(4), and (g).

However, CSX was required to comply

with the notice requirements at 49 CFR

1150.20(a)(1), (a)(2) and (b)(1) and

1152.21, the content requirements at 49

CFR 1152.22(e)(3), and the filing and

service requirements at 1152.24(b).

Also, the Board did not waive the

environmental regulations at 49 CFR

1152.22(f).

CSX states that, to the best of its

knowledge, the line does not contain

federally granted rights-of-way. Any

documentation in CSX’s possession will

be made available promptly to those

requesting it. The applicant’s entire case

in chief for abandonment was filed with

the application, and it describes

alternative routing options that will be

available to GTW should the application

be granted.

The interests of railroad employees

will be protected by the conditions set

forth in Oregon Short Line R. Co.—

Abandonment-Goshen, 360 I.C.C. 91

(1979).

Any interested person may file

written comments concerning the

proposed abandonment or protests

(including protestant’s entire opposition

case) by June 8, 2001. All interested

persons should be aware that, following

any abandonment of rail service and

salvage of the line, the line may be

suitable for other public use, including

interim trail use. Any request for a

public use condition under 49 U.S.C.

10905 (49 CFR 1152.28) or for a trail use

condition under 16 U.S.C. 1247(d) (49

CFR 1152.29) must be filed by June 8,

2001. Each trail use request must be

accompanied by a $150 filing fee. See 49

CFR 1002.2(f)(27). However, in its

application, CSX seeks an exemption

from the following statutory provisions:

49 U.S.C. 10903(a)(2)(C), which requires

a statement concerning interested

subsidy or sale offers; section 10904,

which relates to offers of financial

assistance for the purchase of or subsidy

for a rail line proposed for

abandonment; and section 10905, which

relates to offers for sale for public

purposes of abandoned rail properties.

These requests will be addressed in the

decision on the merits.4 The due date

for applicant’s reply is June 25, 2001.

Persons opposing the proposed

adverse abandonment who wish to

participate actively and fully in the

process should file a protest. Persons

who may oppose the abandonment but

who do not wish to participate fully in

the process by submitting verified

statements of witnesses containing

detailed evidence should file comments.

Parties seeking information concerning

the filing of protests should refer to

section 1152.25.

All filings in response to this notice

must refer to STB Docket No. AB–31

(Sub-No. 38) and must be sent to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001; and (2) David Coburn, Steptoe &

Johnson LLP, 1330 Connecticut Av.,

NW., Washington, DC 20036–1795. The

original and 10 copies of all comments

or protests shall be filed with the Board

with a certificate of service. Except as

otherwise set forth in part 1152, every

document filed with the Board must be

served on all parties to the

abandonment proceeding. 49 CFR

1104.12(a).

Persons seeking further information

concerning abandonment procedures

may contact the Board’s Office of Public

Services at (202) 565–1592 or refer to

the full abandonment or discontinuance

regulations at 49 CFR part 1152.

The March 2 decision noted that CSX

had requested waiver from the

environmental requirements of 49 CFR

1152.22(f), arguing that its proposal has

no environmental impact and therefore

qualifies for treatment under 49 CFR

1105.6(c). However, the March 2

decision indicated that CSX should

make that showing in its application,

rather than seeking a waiver.

In its application, CSX asserts that the

proposal is analogous to the

discontinuance of trackage rights where

the affected line will continue to be

operated and, consequently, is exempt

from environmental review under 49

CFR 1105.6(c). Nonetheless, CSX has

prepared an Environmental Report in

consultation with the Board’s Section of

Environmental Analysis (SEA). On the

basis of that report, CSX urges the Board

to find that a grant of this application

will not have any significant or adverse

environmental impacts. Questions

concerning environmental issues may

be directed to SEA at (202) 565–1545.

[TDD for the hearing impaired is

available at 1–800–877–8339.]

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 8, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–12049 Filed 5–11–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment

Request for Form 1040 and Schedules

A, B, C, C–EZ, D, D–1, E, EIC, F, H, J,

R and SE

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995,

Public Law 104–13 (44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is

soliciting comments concerning Form

1040, U.S. Individual Income Tax

Return, and Schedules A, B, C, C–EZ, D,

D–1, E, EIC, F, H, J, R, and SE.