Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 853 

1UP submits that the trackage rights being 

granted here are only temporary rights, but, because 

they are ‘‘local’’ rather than ‘‘overhead’’ rights, they 

do not qualify for the Board’s class exemption for 

temporary trackage rights at 49 CFR 1180.2(d)(8). 

See Railroad Consolidation Procedures, 6 S.T.B. 

910 (2003). Therefore, UP and BNSF concurrently 

have filed a petition for partial revocation of this 

exemption in STB Finance Docket No. 34554 (SubNo. 11), Union Pacific Railroad CompanyTemporary Trackage Rights Exemption-BNSF 

Railway Company, wherein UP, with the support of 

BNSF, requests that the Board permit the proposed 

local trackage rights arrangement described in the 

present proceeding to expire on or about December 

31, 2009. That petition will be addressed by the 

Board in a separate decision. 

2The original trackage rights granted in Union 

Pacific Railroad Company-Trackage Rights 

Exemption-The Burlington Northern and Santa Fe 

Railway Company, STB Finance Docket No. 34554 

(STB served Oct. 7, 2004), also extended from BNSF 

milepost 579.3 near Mill Creek, OK, to BNSF 

milepost 631.1 near Joe Junction, TX. By decisions 

served on November 24, 2004, in STB Finance 

Docket No. 34554 (Sub-No. 1), on March 25, 2005, 

in STB Finance Docket No. 34554 (Sub-No. 3), on 

March 23, 2006, in STB Finance Docket No. 34554 

(Sub-No. 5), on March 13, 2007, in STB Finance 

Docket No. 34554 (Sub-No. 7), and on March 20, 

2008, in STB Finance Docket No. 34554 (Sub-No. 

9), the Board granted exemptions to permit the 

trackage rights authorized in STB Finance Docket 

No. 34554 and extended in STB Finance Docket No. 

34554 (Sub-No. 2), served on February 11, 2005, in 

STB Finance Docket No. 34554 (Sub-No. 4), served 

on March 3, 2006, in STB Finance Docket No. 

34554 (Sub-No. 6), served on January 12, 2007, and 

in STB Finance Docket No. 34554 (Sub-No. 8), 

served on January 4, 2008, to expire. At the time 

of the last extension, it was anticipated by the 

parties that the rights would expire on or about 

December 31, 2008. However, this authority has not 

yet been exercised. 

10. Environmental Justice 

The EIS will: 

a. Evaluate the potential project 

impacts on local and regional minority 

and low-income populations. 

b. Propose mitigative measures to 

minimize or eliminate potential project 

impacts on environmental justice 

populations, as appropriate. 

11. Geology and Soils 

The EIS will: 

a. Describe the geologic and soil 

conditions within the project area, 

including the status of past and present 

coal mining operations. 

b. Evaluate potential measures to 

avoid or construct through active 

surface mined areas. 

c. Propose mitigative measures to 

minimize or eliminate potential project 

impacts to geology and soils, as 

appropriate. 

12. Cultural/Historic Resources 

The EIS will: 

a. Document all historic resource 

eligibility and effect studies conducted 

pursuant to Section 106 of the National 

Historic Preservation Act. 

b. Document all project coordination 

with the state historic preservation 

officer. 

c. Propose mitigative measures to 

minimize or eliminate potential project 

impacts to cultural/historic resources, as 

appropriate. 

13. Cumulative and Indirect Impacts 

The EIS will: 

a. Address any identified potential 

cumulative impacts of the project, as 

appropriate. Cumulative impacts are the 

impacts on the environment which 

result from the incremental impact of 

the action when added to other past, 

present, and reasonably foreseeable 

future actions regardless of what agency 

(Federal or non-federal) or person 

undertakes such actions (for example, 

Resource Recovery, LLC’s proposed new 

quarry, landfill and industrial park). 

b. Address any identified potential 

indirect impacts of the project, as 

appropriate. Indirect impacts are 

impacts that are caused by the action 

and are later in time or farther removed 

in distance, but are still reasonably 

foreseeable. 

Decided: January 2, 2009. 

By the Board, Victoria Rutson, Chief, 

Section of Environmental Analysis. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–106 Filed 1–7–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34554 (Sub-No. 

10)] 

Union Pacific Railroad Company— 

Temporary Trackage Rights 

Exemption—BNSF Railway Company 

BNSF Railway Company (BNSF), 

pursuant to a modified written trackage 

rights agreement entered into between 

BNSF and Union Pacific Railroad 

Company (UP), has agreed to extend the 

expiration date of the local trackage 

rights granted to UP 1 over BNSF’s line 

of railroad extending from BNSF 

milepost 579.3 near Mill Creek, OK, to 

BNSF milepost 631.1 near Joe Junction, 

TX, a distance of approximately 51 

miles.2

The transaction is scheduled to be 

consummated on January 22, 2009. 

The purpose of this transaction is to 

modify the temporary trackage rights 

exempted in STB Finance Docket No. 

34554 (Sub-No. 8) to further extend the 

expiration date to on or before 

December 31, 2009. The modified 

trackage rights will permit UP to 

continue to move loaded and empty 

ballast trains for use in its maintenanceof-way projects. 

As a condition to this exemption, any 

employee affected by the trackage rights 

will be protected by the conditions 

imposed in Norfolk and Western Ry. 

Co.—Trackage Rights—BN, 354 I.C.C. 

605 (1978), as modified in Mendocino 

Coast Ry., Inc.—Lease and Operate, 360 

I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If it 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 by January 15, 2009 (at least 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. 34554 (Sub-No. 10), must be 

filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, a copy of 

each pleading must be served on Gabriel 

S. Meyer, Union Pacific Railroad 

Company, 1400 Douglas Street, STOP 

1580, Omaha, NE 68179. 

Board decisions and notices are 

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

www.stb.dot.gov.’’ 

Decided: January 2, 2009. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–84 Filed 1–7–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

December 31, 2008. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 


erowe on PROD1PC63 with NOTICES
854 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

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, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before February 9, 2009 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1511. 

Type of Review: Extension. 

Title: REG–209828–96 (TD 8758— 

Final) Nuclear Decommissioning Funds; 

Revised Schedules of Ruling Amounts. 

Description: The regulations revise 

the requirements for requesting a 

schedule of ruling amounts based on a 

formula or method. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 100 

hours. 

OMB Number: 1545–0013. 

Type of Review: Extension. 

Form: 56. 

Title: Notice Concerning Fiduciary 

Relationship. 

Description: Form 56 is used to 

inform the IRS that a person in acting 

for another person in a fiduciary 

capacity so that the IRS may mail tax 

notices to the fiduciary concerning the 

person for whom he/she is acting. The 

data is used to ensure that the fiduciary 

relationship is established or terminated 

and to mail or discontinue mailing 

designated tax notices to the fiduciary. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

292,800 hours. 

Clearance Officer: Glenn P. Kirkland 

(202) 622–3428, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

OMB Reviewer: Nicholas A. Fraser 

(202) 395–5887, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–109 Filed 1–7–09; 8:45 am] 

BILLING CODE 4830–01–P 

UNITED STATES INSTITUTE OF 

PEACE 

Notice of Meeting 

AGENCY: United States Institute of Peace. 

Date/Time: Friday, January 9, 2009, 

10 a.m.–3:30 p.m. 

Location: 1200 17th Street, NW., Suite 

200, Washington, DC 20036–3011. 

Status: Open Session—Portions may 

be closed pursuant to Subsection (c) of 

Section 552(b) of Title 5, United States 

Code, as provided in subsection 

1706(h)(3) of the United States Institute 

of Peace Act, Public Law 98–525. 

Agenda: January 9, 2009 Board 

Meeting; Approval of Minutes of the 

One Hundred Thirty-First Meeting 

(October 16, 2008) of the Board of 

Directors; Chairman’s Report; 

President’s Report; Introduction of the 

Senior Fellows Slate; Education and 

Training Center; Other General Issues. 

Contact: Tessie F. Higgs, Executive 

Office, Telephone: (202) 429–3836. 

Dated: December 29, 2008. 

Michael Graham, 

Executive Vice President, United States 

Institute of Peace. 

[FR Doc. E8–31467 Filed 1–7–09; 8:45 am] 

BILLING CODE 6820–AR–M 


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