Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57727 

14 17 CFR 200.30–3(a)(12). 

1Pursuant to 49 CFR 1152.50(d)(2), the railroad 

must file a verified notice with the Board at least 

50 days before the abandonment or discontinuance 

is to be consummated. The applicant initially 

indicated a proposed consummation date of 

November 1, 2008, but because the verified notice 

was filed on September 15, 2008, consummation 

may not take place prior to November 4, 2008. 

2The 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. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23363 Filed 10–2–08; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending September 19, 

2008 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2008– 

0286. 

Date Filed: September 15, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: October 6, 2008. 

Description: Application of Vision 

Airlines, Inc. (‘‘Vision’’) requesting an 

amendment to its certificate of public 

convenience and necessity authorizing 

Vision to engage in air transportation of 

persons, property and mail with large 

aircraft. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E8–23408 Filed 10–2–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending September 19, 

2008 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2008– 

0287. 

Date Filed: September 18, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC2 Within Middle East 

Expedited Resolution 002ca (Memo 

0188); Intended effective date: 1 January 

2009. 

Docket Number: DOT–OST–2008– 

0288. 

Date Filed: September 18, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC23/123 Africa–TC3 (except 

South West Pacific) , Resolution 015v 

(Memo 0389) , Intended effective date: 

15 October 2008. 

Docket Number: DOT–OST–2008– 

0289. 

Date Filed: September 18, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC23/123 Africa-South East 

Asia Expedited, Resolution 002bw 

(Memo 0390), Intended effective date: 

15 October 2008. 

Docket Number: DOT–OST–2008– 

0290. 

Date Filed: September 18, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC23/123 Middle East-TC3 

(except South West Pacific), Resolution 

015v (Memo 0391), Intended effective 

date: 15 October 2008. 

Docket Number: DOT–OST–2008– 

0291. 

Date Filed: September 18, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC23/123 Middle East-South 

East Asia Expedited, Resolution 002hh 

(Memo 0392), Intended effective date: 

15 October 2008. 

Renee V. Wright, 

Program Manager, Docket Operation, Federal 

Register Liaison. 

[FR Doc. E8–23407 Filed 10–2–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–55 (Sub-No. 688X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—in Marion 

County, IN 

CSX Transportation, Inc. (CSXT) has 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments to abandon a 

1.01-mile line of railroad, known as the 

Arlington Industrial Track, located on 

its Northern Region, Great Lakes 

Division, Indianapolis Belt Subdivision, 

extending from milepost QIA 1.11 

(English Ave.) to the end of the track at 

milepost QIA 0.1 in Marion County, IN. 

The line traverses United States Postal 

Service Zip Code 46219 and includes no 

stations. 

CSXT 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; (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 of 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 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 

November 4, 2008, unless stayed 

pending reconsideration.1 Petitions to 

stay that do not involve environmental 

issues,2 formal expressions of intent to 

file an OFA under 49 CFR 

mstockstill on PROD1PC66 with NOTICES

57728 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

3Effective 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). 

1Watco owns 100% of the issued and outstanding 

stock of PSRR. 

1PSRR states that it has been negotiating an 

agreement with BNSF and expects to finalize the 

agreement in the very near future. According to 

PSRR, the agreement will not contain any provision 

1152.27(c)(2),3 and trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by October 14, 2008. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by October 23, 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 CSXT’s 

representative: Kathryn R. Barney, CSX 

Transportation, Inc., 500 Water Street, 

J–150, Jacksonville, FL 32202. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed environmental and 

historic reports that address the effects, 

if any, of the abandonment on the 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by October 10, 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), CSXT 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 

CSXT’s filing of a notice of 

consummation by October 3, 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 25, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–23072 Filed 10–2–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35174] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Pacific Sun 

Railroad, L.L.C. 

Watco Companies, Inc. (Watco), a 

noncarrier, has filed a verified notice of 

exemption to continue in control of 

Pacific Sun Railroad, L.L.C. (PSRR), 

upon PSRR’s becoming a Class III rail 

carrier.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35173, Pacific Sun Railroad, L.L.C.— 

Lease and Operation Exemption—BNSF 

Railway Company. In that proceeding, 

PSRR seeks an exemption under 49 CFR 

1150.31 to lease from BNSF Railway 

Company (BNSF) and to operate 

approximately 21.5 miles of rail line 

and rail freight easement between 

specified points in California. In 

addition, PSRR will receive incidental 

trackage rights from BNSF to provide 

local service over an approximately 

45.49-mile reserved rail freight service 

easement in California. 

The parties intend to consummate the 

transaction on or about October 24, 

2008, and hence after the October 17, 

2008 effective date of the exemption. 

Watco currently controls 18 Class III 

rail carriers: South Kansas and 

Oklahoma Railroad Company, Palouse 

River & Coulee City Railroad, Inc., 

Timber Rock Railroad, Inc., Stillwater 

Central Railroad, Inc., Eastern Idaho 

Railroad, Inc., Kansas & Oklahoma 

Railroad, Inc., Pennsylvania 

Southwestern Railroad, Inc., Great 

Northwest Railroad, Inc., Kaw River 

Railroad, Inc., Mission Mountain 

Railroad, Inc., Mississippi Southern 

Railroad, Inc., Yellowstone Valley 

Railroad, Inc., Louisiana Southern 

Railroad, Inc., Arkansas Southern 

Railroad, Inc., Alabama Southern 

Railroad, Inc., Vicksburg Southern 

Railroad, Inc, Austin Western Railroad, 

Inc, and Baton Rouge Southern 

Railroad, LLC. 

Watco represents that: (1) The rail 

lines to be operated by PSRR do not 

connect with any other railroads in the 

Watco corporate family; (2) the 

continuance in control is not part of a 

series of anticipated transactions that 

would connect these rail lines with any 

other railroad in the Watco corporate 

family; and (3) the transaction does not 

involve a Class I rail carrier. Therefore, 

the transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified 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 effectiveness of 

the exemption. Stay petitions must be 

filed no later than October 10, 2008 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35174, 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 26, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–23376 Filed 10–2–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35173] 

Pacific Sun Railroad, L.L.C.—Lease 

and Operation Exemption—BNSF 

Railway Company 

Pacific Sun Railroad, L.L.C. (PSRR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire, by lease, and to operate 

approximately 21.5 miles of BNSF 

Railway Company’s (BNSF) rail lines 

and freight rail easement in California.1

mstockstill on PROD1PC66 with NOTICES