Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 55899 

1The rail line at issue is a branch line which 

connects with another BNSF line at Woodinville, 

WA. That BNSF line is the subject of three pending 

proceedings before the Board. For information 

regarding these proceedings see: BNSF Railway 

Company—Abandonment Exemption—in King 

County, WA, STB Docket No. AB–6 (Sub-No. 465X) 

(STB served Aug. 29, 2008), The Port of Seattle— 

Acquisition Exemption—Certain Assets of BNSF 

Railway Company, STB Finance Docket No. 35128 

(STB served June 20, 2008), and BNSF Railway 

Company—Abandonment Exemption—in King 

County, WA, STB Docket No. AB–6 (Sub-No. 464X) 

(STB served Sept. 26, 2008). 

2By petition filed on September 8, 2008, BNSF 

is also seeking an exemption from the offer of 

financial assistance (OFA) requirements of 49 

U.S.C. 10904. The merits of the petition will be 

addressed in a separate decision. 

3The 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. 

4Effective July 18, 2008, the filing fee for an OFA 

increased to $1,500. See Regulations Governing 

Fees for Services Performed in Connection with 

Licensing and Related Services—2008 update, STB 

Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 

2008). 

October 3, 2008. Interested persons may 

obtain a copy of the EA by writing to 

SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [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), BNSF shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

BNSF’s filing of a notice of 

consummation by September 26, 2009, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 22, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–22657 Filed 9–25–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–6 (Sub-No. 463X)] 

BNSF Railway Company— 

Abandonment Exemption—in King 

County, WA 

BNSF Railway Company (BNSF) has 

filed a notice of exemption under 49 

CFR 1152 Subpart F–Exempt 

Abandonments to abandon a 7.30-mile 

rail line 1 located between milepost 0.00 

at Woodinville and milepost 7.30 at 

Redmond, King County, WA.2 The line 

traverses United States Postal Service 

Zip Codes 98011, 98034, 98052, and 

98072. 

BNSF has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic on 

the line can be rerouted over other lines; 

(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 OFA has been received, 

this exemption will be effective on 

October 28, 2008, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,3

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),4 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by October 

6, 2008. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by October 16, 

2008, with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to BNSF’s 

representative: Kristy D. Clark, BNSF 

Railway Company, 2500 Lou Menk 

Drive, AOB–3, Fort Worth, TX 76131. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

BNSF has filed both an environmental 

report and a historic report that address 

the effects, if any, of the abandonment 

on the environment and historic 

resources. SEA will issue an 

environmental assessment (EA) by 

October 3, 2008. Interested persons may 

obtain a copy of the EA by writing to 

SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [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), BNSF shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

BNSF’s filing of a notice of 

consummation by September 26, 2009, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 22, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–22677 Filed 9–25–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35176] 

Georgia Southwestern Railroad, Inc.— 

Acquisition Exemption—CSX 

Transportation, Inc. 

Georgia Southwestern Railroad, Inc. 

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

a verified notice of exemption under 49 

CFR 1150.41 to acquire by purchase 

from CSX Transportation, Inc. (CSXT), 


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55900 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

1According to GSWR, since 1989, GSWR and its 

predecessor, South Carolina Central Railroad 

Company, have maintained and operated the line. 

See South Carolina Central Railroad Company, 

Inc.—Purchase and Lease—CSX Transportation, 

Inc., Lines in Georgia and Alabama, Finance Docket 

No. 31360 (ICC served May 4, 1989). GSWR also 

states that it currently leases and operates the line, 

and, after the acquisition, will continue to be the 

operator of the line. 

approximately 1.6 miles of rail line, 

extending from milepost SLC–96.66 to 

the end of the line, near Lynn, GA, and 

consisting of Tracks SV 4 (6,875 feet), 

SV 12 (1,360 feet), and SV 14 (400 feet), 

in Decatur County, GA.1

GSWR certifies that its projected 

annual revenues as a result of this 

transaction will not result in GSWR’s 

becoming a Class II or Class I rail 

carrier. Because GSWR’s projected 

annual revenues will exceed $5 million, 

GSWR is required, at least 60 days 

before an exemption is to become 

effective, to send notice of the 

transaction to the national and local 

offices of the labor unions with 

employees on the affected lines and post 

a copy of the notice at the workplace of 

the employees on the affected lines and 

certify to the Board that it has done so. 

49 CFR 1150.42(e). 

On September 2, 2008, GSWR 

certified to the Board that, on August 

29, 2008, it posted a notice at the 

workplace of the employees on the 

affected lines, as required under 49 CFR 

1150.42(e). GSWR does not specifically 

address whether it sent the required 

notice of the transaction to the national 

and local offices of the labor unions 

with employees on the affected lines, as 

also required under section 1150.42(e), 

but states that no employees working on 

the affected lines are members of a labor 

union. However, concurrently with its 

notice of exemption, GSWR filed a 

petition for waiver of the 60-day 

advance labor notice requirement under 

section 1150.42(e), asserting that no 

CSXT employee will be affected by the 

sale because no CSXT employee has 

performed operations or maintenance 

on the line in nearly 20 years and that 

no GSWR employee will be affected 

because GSWR will continue to provide 

the same service and perform the same 

maintenance as it has for nearly 20 

years. GSWR’s waiver request will be 

handled in a subsequent decision. 

GSWR states that it intends to 

consummate the transaction on or 

shortly after the effective date of this 

exemption. The Board will establish in 

the decision on the waiver request the 

earliest this transaction may be 

consummated. 

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. 

Petitions for stay must be filed no later 

than 7 days before the exemption 

becomes effective. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161 § 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35176, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Karl Morell, 

Of Counsel, Ball Janik LLP, Suite 225, 

1455 F Street, NW., Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’ 

Decided: September 19, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–22588 Filed 9–25–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 19, 2008. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. 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 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before October 27, 2008 

to be assured of consideration. 

Alcohol and Tobacco Tax and Trade 

Bureau (TTB) 

OMB Number: 1513–0119. 

Type of Review: Extension. 

Title: Certification of Proper Cellar 

Treatment for Imported Natural Wine. 

Description: TTB is requiring 

importers of natural wine to certify 

compliance with proper cellar treatment 

standards. This certification is necessary 

to comply with statutory requirements. 

Respondents: Businesses or other forprofit institutions. 

Estimated Total Burden Hours: 6,600 

hours. 

OMB Number: 1513–0092. 

Type of Review: Extension. 

Title: Marks on Wine Containers, TTB 

REC 5120/3. 

Description: TTB requires that wine 

on wine premises be identified by 

statements of information on labels or 

contained in marks. TTB uses this 

information to validate the receipts of 

excise tax revenue by the Federal 

government. 

Respondents: Businesses or other forprofit institutions. 

Estimated Total Burden Hours: 1 

hour. 

Clearance Officer: Frank Foote (202) 

927–9347, Alcohol and Tobacco Tax 

and Trade Bureau, Room 200 East, 1310 

G Street, NW., Washington, DC 20005. 

OMB Reviewer: Alexander T. Hunt 

(202) 395–7316, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Robert Dahl, 

Treasury PRA Clearance Officer. 

[FR Doc. E8–22647 Filed 9–25–08; 8:45 am] 

BILLING CODE 4810–31–P 


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