Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32355

Issued on Washington, DC, on May 31,

1996.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 96–14246 Filed 6–21–96; 8:45 am]

BILLING CODE 4910–62–P

Surface Transportation Board

49 CFR Parts 1002 and 1150

[STB Ex Parte No. 529]

Class Exemption for Acquisition Or

Operation Of Rail Lines By Class III

Rail Carriers Under 49 U.S.C. 10902

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: Pursuant to the request by the

Regional Railroads of America and The

American Short Line Railroad

Association, the Surface Transportation

Board (Board) grants final approval for

a class exemption for the acquisition or

operation of additional rail lines by

Class III rail carriers. Final regulations

establishing the exemption for the

acquisitions are set forth below.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Joseph Dettmar, (202) 927–5660. [TDD

for the hearing impaired: (202) 927–

5721.]

SUPPLEMENTARY INFORMATION: Pursuant

to the request by the Regional Railroads

of America and The American Short

Line Railroad Association, the Board

proposed a new class exemption to

apply to transactions in which Class III

rail carriers acquire or operate

additional rail properties under 49

U.S.C. 10902. By notice of proposed

rulemaking served and published in the

Federal Register on March 22, 1996 (61

FR 11802–11804), the Board requested

comments on the proposed exemption.

Upon reviewing the comments, the

Board is adopting the proposed class

exemption, with minor editorial

changes, because it meets the exemption

criteria of 49 U.S.C. 10502. The class

exemption will be similar to the Board’s

existing rules for noncarrier transactions

under 49 U.S.C. 10901. Because section

10902 precludes the Board from

imposing labor protection on Class III

carriers receiving a certificate under the

statute, the class exemption will not

provide labor protection for affected rail

employees. Additional information is

contained in the Board’s decision served

on June 21, 1996. To purchase a copy

of the decision, write to, call, or pick up

in person from: DC News & Data, Inc.,

1201 Constitution Avenue, N.W., Room

2229, Washington, D.C. 20423.

[Assistance for the hearing impaired is

available through TDD service (202)

927–5721.]

List of Subjects

49 CFR Part 1002

Administrative practice and

procedure, Freedom of information,

User fees.

49 CFR Part 1150

Administrative practice and

procedure, Railroads.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen. Chairman Morgan commented with a

separate expression. Commissioner Owen

concurred in part and dissented in part with

a separate expression.

Decided: June 14, 1996.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board amends title 49,

chapter X, parts 1002 and 1150 of the

Code of Federal Regulations, as follows:

PART 1002—FEES

1. The authority citation for part 1002

is revised to read as follows:

Authority: 5 U.S.C. 552(a)(4)(A) and 553;

31 U.S.C. 9701; and 49 U.S.C. 721(a).

2. Section 1002.2 is amended by

adding a new paragraph (f) (36) to read

as follows:

§ 1002.2 Filing fees.

* * * * *

(f) * * *

Type of proceeding Fee

* * * * *

(36) Notice of exemption under 49

CFR 1150.41–1150.45 .................. $950

* * * * *

* * * * *

PART 1150—CERTIFICATE TO

CONSTRUCT, ACQUIRE, OR OPERATE

RAILROAD LINES

3. The authority citation for part 1150

is revised to read as follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C.

721(a), 10502, 10901, and 10902.

4. The heading for Subpart D is

revised to read as follows:

Subpart D—Exempt Transactions

Under 49 U.S.C. 10901

5. A new Subpart E, consisting of

§§ 1150.41–1150.45, is added to read as

follows:

Subpart E—Exempt Transactions

Under 49 U.S.C. 10902 for Class III Rail

Carriers

Sec.

1150.41 Scope of exemption.

1150.42 Procedures and relevant dates for

small line acquisitions.

1150.43 Information to be contained in

notice for small line acquisitions.

1150.44 Caption summary.

1150.45 Procedures and relevant dates—

transactions under section 10902 that

involve creation of Class I or Class II rail

carriers.

Subpart E—Exempt Transactions

Under 49 U.S.C. 10902 for Class III Rail

Carriers

§ 1150.41 Scope of exemption.

Except as indicated in paragraphs (a)

through (d) of this section, this

exemption applies to acquisitions or

operations by Class III rail carriers

under section 10902. This exemption

also includes:

(a) Acquisition by a Class III rail

carrier of rail property that would be

operated by a third party;

(b) Operation by a Class III carrier of

rail property acquired by a third party;

(c) A change in operators on such a

line; and

(d) Acquisition of incidental trackage

rights. Incidental trackage rights include

the grant of trackage rights by the seller,

or the acquisition of trackage rights to

operate over the line of a third party,

that occurs at the time of the purchase.

§ 1150.42 Procedures and relevant dates

for small line acquisitions.

(a) This exemption applies to the

acquisition of rail lines with projected

annual revenues which, together with

the acquiring carrier’s projected annual

revenue, do not exceed the annual

revenue of a Class III railroad. To

qualify for this exemption, the Class III

rail carrier applicant must file a verified

notice providing details about the

transaction, and a brief caption

summary, conforming to the format in

§ 1150.44, for publication in the Federal

Register. In addition to the written

submission, the notice and summary

must be submitted on a 3.5-inch diskette

formatted for WordPerfect 5.1.

(b) The exemption will be effective 7

days after the notice is filed. The Board,

through the Director of the Office of

Proceedings, will publish a notice in the

Federal Register within 30 days of the

filing. A change in operators must

follow the provisions at § 1150.44, and

notice must be given to shippers.

(c) If the notice contains false or

misleading information, the exemption

is void ab initio. A petition to revoke
32356 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations

under 49 U.S.C. 10502(d) does not

automatically stay the exemption.

(d) Applicant must preserve intact all

sites and structures more than 50 years

old until compliance with the

requirements of section 106 of the

National Historic Preservation Act, 16

U.S.C. 470f, is achieved.

§ 1150.43 Information to be contained in

notice for small line acquisitions.

(a) The full name and address of the

Class III rail carrier applicant;

(b) The name, address, and telephone

number of the representative of the

applicant who should receive

correspondence;

(c) A statement that an agreement has

been reached or details about when an

agreement will be reached;

(d) The operator of the property;

(e) A brief summary of the proposed

transaction, including:

(1) The name and address of the

railroad transferring the subject property

to the Class III rail carrier applicant;

(2) The proposed time schedule for

consummation of the transaction;

(3) The mileposts of the subject

property, including any branch lines;

and

(4) The total route miles being

acquired;

(f) A map that clearly indicates the

area to be served, including origins,

termini, stations, cities, counties, and

states; and

(g) A certificate that applicant’s

projected revenues as a result of the

transaction will not result in the

creation of a Class II or Class I rail

carrier so as to require processing under

§ 1150.45.

§ 1150.44 Caption summary.

The caption summary must be in the

following form. The information

symbolized by numbers is identified in

the key as follows:

Surface Transportation Board; Notice of

Exemption; STB Finance Docket No. (1)—

Exemption (2)–(3)

(1) Has filed a notice of exemption to (2)

(3)’s line between (4). Comments must be

filed with the Board and served on (5). (6).

Key to symbols:

(1) Name of carrier acquiring or operating

the line.

(2) The type of transaction, e.g., to acquire

or operate.

(3) The transferor.

(4) Describe the line.

(5) Petitioner’s representative, address, and

telephone number.

(6) Cross reference to other class

exemptions being used.

The notice is filed under 49 CFR 1150.41.

If the notice contains false or misleading

information, the exemption is void ab initio.

The filing of a petition to revoke will not

automatically stay the transaction.

§ 1150.45 Procedures and relevant dates—

transactions under section 10902 that

involve creation of Class I or Class II rail

carriers.

(a) To qualify for this exemption,

applicant must serve a notice of intent

to file a notice of exemption no later

than 14 days before the notice of

exemption is filed with the Board.

(b) The notice of intent must contain

all the information required in § 1150.43

plus:

(1) A general statement of service

intentions; and

(2) A general statement of labor

impacts.

(c) The notice of intent must be served

on:

(1) The Governor of each state in

which track is to be sold;

(2) The state(s) Department of

Transportation or equivalent agency;

(3) The national offices of the labor

unions with employees on the affected

line(s); and

(4) Shippers representing at least 50

percent of the volume of local traffic

and traffic originating or terminating on

the line(s) in the most recent 12 months

for which data are available (beginning

with the largest shipper and working

down).

(d) Applicant must also file a verified

notice of exemption conforming to the

requirements of paragraph (b) of this

section and of § 1150.44, and certify

compliance with paragraphs (a), (b), and

(c) of this section, attaching a copy of

the notice of intent. In addition to the

written submission, the notice must be

submitted on a 3.5-inch diskette

formatted for WordPerfect 5.1.

(e) The exemption will be effective 21

days after the notice is filed. The Board,

through the Director of the Office of

Proceedings, will publish a notice in the

Federal Register within 30 days of the

filing.

(f) If the notice contains false or

misleading information, the exemption

is void ab initio. A petition to revoke

under 49 U.S.C. 10502(d) does not

automatically stay the transaction. Stay

petitions must be filed within 7 days of

the filing of the notice of exemption.

Replies will be due 7 days thereafter. To

be considered, stay petitions must be

timely served on the applicant.

(g) Applicant must preserve intact all

sites and structures more than 50 years

old until compliance with the

requirements of section 106 of the

National Historic Preservation Act, 16

U.S.C. 470f, is achieved.

[FR Doc. 96–15895 Filed 6–21–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018 AC30

Endangered and Threatened Wildlife

and Plants; Reclassification of

Saltwater Crocodile Population in

Australia From Endangered to

Threatened With Special Rule for the

Saltwater and Nile Crocodiles

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The saltwater crocodile

(Crocodylus porosus) in Australia is

reclassified from endangered to

threatened under the provisions of the

U.S. Endangered Species Act (Act) of

1973. The saltwater crocodile had been

listed as endangered throughout its

range since 1979, except the Papua New

Guinea population, which has never

been listed. A special rule, included

herein, allows for the importation into

the United States of certain specimens

of saltwater crocodiles from Australia

and Nile crocodiles from those countries

in which this latter species is listed in

Appendix II of the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES). Such imports must be

consistent with the requirements of

CITES and certain other provisions.

EFFECTIVE DATE: July 24, 1996. However,

compliance with § 17.42(c)(3)(i)(A) is

not required until July 24, 1997.

ADDRESSES: Comments, information,

and questions should be submitted to

the Chief, Office of Scientific Authority;

room 725, Arlington Square; 4401 N.

Fairfax Drive, U.S. Fish and Wildlife

Service; Arlington, Virginia 22203. Fax

number (703) 358–2276. Express and

messenger delivered mail should be

addressed to the Office of Scientific

Authority; room 750, 4401 N. Fairfax

Drive; Arlington, Virginia 22203.

Comments and other information

received will be available for public

inspection, by appointment, from 8 a.m.

to 4 p.m., Monday through Friday, at the

Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT: Dr.

Charles W. Dane, Chief, Office of

Scientific Authority, at the above

address, or by phone at (703) 358–1708.

SUPPLEMENTARY INFORMATION:

Background

The saltwater or estuarine crocodile

(Crocodylus porosus) ranges from

southwest India and along its eastern