52482 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

1Franklin previously acquired a 15.4-mile line of 

railroad (known as the Crab Orchard Line) from 

CNOTP. See The Cincinnati, New Orleans and 

Texas Pacific Railway Company—Abandonment 

Finally, SEA agrees with applicants 

that the proposed action does not 

require historic review under the 

National Historic Preservation Act of 

1966 because further approval would be 

required to abandon any service, and 

because applicants have advised the 

Board that there are no plans to dispose 

of or alter properties subject to the 

Board’s jurisdiction that are 50 years old 

or older. 49 CFR 1105.8(b)(1). 

Filing/Service Requirements. Persons 

participating in this proceeding may 

‘‘file’’ with the Board and ‘‘serve’’ on 

other parties: A notice of intent to 

participate (due by September 12th); a 

certificate of service indicating service 

of prior pleadings on persons designated 

as PORs on the service-list notice (due 

by the 10th day after the service date of 

the service-list notice); any comments, 

protests, requests for conditions, and 

any other evidence and argument in 

opposition to the primary application or 

either of the related filings (due by 

October 12th); and any responses to 

comments, etc., and any rebuttal in 

support of the primary application or 

either of the related filings (due by 

October 27th). 

Filing Requirements. Any document 

filed in this proceeding must be filed 

either via the Board’s e-filing format or 

in the traditional paper format. Any 

person e-filing a document should 

comply with the instructions found on 

the Board’s Web site at http:// 

www.stb.dot.gov at the ‘‘E-FILING’’ link. 

Any person filing a document in the 

traditional paper format should send an 

original and 10 paper copies of the 

document (and also an IBM-compatible 

floppy disk with any textual submission 

in any version of either Microsoft Word 

or WordPerfect) to: Surface 

Transportation Board, 1925 K Street, 

NW., Washington, DC 20423–0001. 

Service Requirements. One copy of 

each document filed in this proceeding 

must be sent to each of the following 

(any copy may be sent by e-mail only if 

service by e-mail is acceptable to the 

recipient): (1) Secretary of the United 

States Department of Transportation, 

400 Seventh Street, SW., Washington, 

DC 20590; (2) Attorney General of the 

United States, c/o Assistant Attorney 

General, Antitrust Division, Room 3109, 

Department of Justice, Washington, DC 

20530; (3) William A. Mullins 

(representing FRTI, P&L, and EVWR), 

Baker & Miller PLLC, 2401 Pennsylvania 

Avenue, NW., Suite 300, Washington, 

DC 20037; (4) Louis E. Gitomer 

(representing CSXT), Ball Janik LLP, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005; and (5) any 

other person designated as a POR on the 

service-list notice. 

Service of Decisions, Orders, and 

Notices. The Board will serve copies of 

its decisions, orders, and notices only 

on those persons who are designated on 

the official service list as either POR, 

MOC, or GOV. All other interested 

persons are encouraged either to secure 

copies of decisions, orders, and notices 

via the Board’s Web site at http:// 

www.stb.dot.gov under ‘‘E–LIBRARY/ 

Decisions & Notices’’ or to make 

advance arrangements with the Board’s 

copy contractor, ASAP Document 

Solutions (mailing address: Suite 103, 

9332 Annapolis Rd., Lanham, MD 

20706; e-mail address: 

asapdc@verizon.net; telephone number: 

202–306–4004), to receive copies of 

decisions, orders, and notices served in 

this proceeding. ASAP Document 

Solutions will handle the collection of 

charges and the mailing and/or faxing of 

decisions, orders, and notices to persons 

who request this service. 

Access to Filings. An interested 

person does not need to be on the 

service list to obtain a copy of the 

primary application or any other filing 

made in this proceeding. Under the 

Board’s rules, any document filed with 

the Board (including applications, 

pleadings, etc.) shall be promptly 

furnished to interested persons on 

request, unless subject to a protective 

order. 49 CFR 1180.4(a)(3). The primary 

application and other filings in this 

proceeding will also be available on the 

Board’s Web site at http:// 

www.stb.dot.gov under ‘‘E–LIBRARY/ 

Filings.’’

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. The primary application in STB 

Finance Docket No. 34738 and the 

related filings in STB Finance Docket 

No. 34738 (Sub-Nos. 1 and 2) are 

accepted for consideration. 

2. The parties to this proceeding must 

comply with the Procedural Schedule 

adopted by the Board in this proceeding 

as shown in Appendix A. 

3. The parties to this proceeding must 

comply with the procedural 

requirements described in this decision. 

4. This decision is effective on 

September 2, 2005. 

Decided: August 25, 2005. 

By the Board, Chairman Nober, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

Appendix A: Procedural Schedule 

August 3, 2005— Primary application, 

related filings, motion for protective order, 

and request for issuance of procedural 

schedule filed. 

September 2, 2005—Board notice of 

acceptance of primary application and 

related filings published in the Federal 

Register. 

September 12, 2005—Notices of intent to 

participate in this proceeding due. 

October 12, 2005—All comments, protests, 

requests for conditions, and any other 

evidence and argument in opposition to 

the primary application and/or either or 

both of the related filings, including filings 

of DOJ and DOT, due. 

October 27, 2005—Responses to comments, 

protests, requests for conditions, and other 

opposition due. Rebuttal in support of the 

primary application and/or either or both 

of the related filings due. 

Week of November 14, 2005—A public 

hearing or oral argument may be held the 

week of November 14, 2005. 

December 12, 2005—Date of service of final 

decision. 

December 30, 2005—Effective date of final 

decision. 

[FR Doc. 05–17456 Filed 9–1–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–290 (Sub–No. 236X)] 

The Cincinnati, New Orleans and Texas 

Pacific Railway Company—

Abandonment Exemption—in Roane 

County, TN 

On August 15, 2005, The Cincinnati, 

New Orleans and Texas Pacific Railway 

Company (CNOTP), a wholly owned 

subsidiary of Norfolk Southern Railway 

Company, filed with the Board a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to abandon an 

approximately 1.1-mile line of railroad, 

extending from milepost 156.9-H to 

milepost 158.0-H in Rockwood, Roane 

County, TN. The line traverses United 

States Postal Service Zip Code 37854, 

and serves the station at Rockwood, 

where CNOTP will continue to provide 

rail service. 

In addition to an exemption from 49 

U.S.C. 10903, CNOTP seeks exemption 

from 49 U.S.C. 10904 [offer of financial 

assistance (OFA) procedures] and 49 

U.S.C. 10905 [public use conditions]. In 

support, CNOTP contends that the 

exemption from these provisions is 

necessary to permit conveyance of the 

line to Franklin Industries (Franklin), 

for continued operation as part of 

Franklin’s private railroad operation.1

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52483 

Exemption–in Cumberland and Roane Counties, 

TN, STB Docket No. AB–290 (Sub-No. 208X) (STB 

served Nov. 15, 2000). 

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 (SEA) 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 OFA must be accompanied by the filing 

fee, which currently is set at $1,200. See 49 CFR 

1002.2(f)(25). 

These requests will be addressed in the 

final decision. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in CNOTP’s possession 

will be made available promptly to 

those requesting it. 

The interest 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). 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by December 2, 

2005. 

Any OFA under 49 CFR 1152.27(b)(2) 

will be due no later than 10 days after 

service of a decision granting the 

petition for exemption, unless the Board 

grants the requested exemption from the 

OFA process. Each OFA must be 

accompanied by a $1,200 filing fee. See 

49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Unless 

the Board grants the requested 

exemption from the public use 

provisions, any request for a public use 

condition under 49 CFR 1152.28 or for 

trail use/rail banking under 49 CFR 

1152.29 will be due no later than 

September 22, 2005. Each trail use 

request must be accompanied by a $200 

filing fee. See 49 CFR 1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–290 

(Sub-No. 236X), and must be sent to: (1) 

Surface Transportation Board, 1925 K 

Street, N.W., Washington, DC 20423–

0001; and (2) James R. Paschall, Norfolk 

Southern Railway Company, Three 

Commercial Place, Norfolk, VA 23510–

2191. Replies to the petition are due on 

or before September 22, 2005. 

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. 

Questions concerning environmental 

issues may be directed to the Board’s 

Section of Environmental Analysis 

(SEA) at (202) 565–1539. [Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 24, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–17236 Filed 9–1–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–103 (Sub–No. 18X)] 

The Kansas City Southern Railway 

Company—Abandonment Exemption—

in Winn Parish, LA 

The Kansas City Southern Railway 

Company (KCSR) has filed a notice of 

exemption under 49 CFR Part 1152, 

Subpart F—Exempt Abandonments to 

abandon a 3.16-mile line of railroad 

extending from milepost 144.64 to 

milepost 147.80, located near 

Winnfield, in Winn Parish, LA. The line 

traverses United States Postal Service 

Zip Code 71483. 

KCRS 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 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 October 

4, 2005, 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 September 

12, 2005. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by September 22, 

2005, with the Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to KCSR’s 

representative: William A. Mullins, 

Baker & Miller PLLC, 2401 Pennsylvania 

Avenue, NW., Suite 300, Washington, 

DC 20037. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

KCSR has filed environmental and 

historic reports which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by September 9, 2005. 

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) 565–1539. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 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), KCSR shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority