Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 66013

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

Continued

Substantially similar U.S.-certified

vehicles: 1999–2001 BMW 7 Series passenger

cars.

Notice of Petition Published at: 66 FR

28026 (May 21, 2001).

Vehicle Eligibility Number: VSP–366.

3. Docket No. NHTSA–2000–9739

Nonconforming Vehicles: 1998–2001 BMW

R1100 motorcycles.

Substantially similar U.S.-certified

vehicles: 1998–2001 BMW R1100

motorcycles.

Notice of Petition Published at: 66 FR

31748 (June 12, 2001).

Vehicle Eligibility Number: VSP–368.

4. Docket No. NHTSA–2001–9562

Nonconforming Vehicles: 1992 Chevrolet

Corvette passenger cars.

Substantially similar U.S.-certified

vehicles: 1992 Chevrolet Corvette passenger

cars.

Notice of Petition Published at: 66 FR

28019 (May 21, 2001).

Vehicle Eligibility Number: VSP–365.

5. Docket No. NHTSA–2001–9649

Nonconforming Vehicles: 1995–2000 KTM

Duke II motorcycles.

Substantially similar U.S.-certified

vehicles: 1995–2000 KTM Duke II

motorcycles.

Notice of Petition Published at: 66 FR

28024 (May 21, 2001).

Vehicle Eligibility Number: VSP–363.

6. Docket No. NHTSA–2001–9560

Nonconforming Vehicle: 2000–2001 Audi

TT passenger cars.

Substantially similar U.S.-certified vehicle:

2000–2001 Audi TT passenger cars.

Notice of Petition Published at: 66 FR

28023 (May 21, 2001).

Vehicle Eligibility Number: VSP–364.

7. Docket No. NHTSA–2001–9732

Nonconforming Vehicles: 1993 Ford

Mustang passenger cars.

Substantially similar U.S.-certified

vehicles: 1993 Ford Mustang passenger cars.

Notice of Petition Published at: 66 FR

30264 (June 5, 2001).

Vehicle Eligibility Number: VSP–367.

8. Docket No. NHTSA–2001–9947

Nonconforming Vehicles: 2000–2001

Mercedes Benz S500 and S600 passenger

cars.

Substantially similar U.S.-certified

vehicles: 2000–2001 Mercedes Benz S500

and S600 passenger cars.

Notice of Petition Published at: 66 FR

37722 (July 19, 2001).

Vehicle Eligibility Number: VSP–371.

9. Docket No. NHTSA–2001–10512

Nonconforming Vehicles: 2002 Harley

Davidson FX, FL, and XL motorcycles.

Substantially similar U.S.-certified

vehicles: 2002 Harley Davidson FX, FL, and

XL motorcycles.

Notice of Petition Published at: 66 FR

46678 (September 6, 2001).

Vehicle Eligibility Number: VSP–372.

[FR Doc. 01–31519 Filed 12–20–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 558 (Sub–No. 5)]

Railroad Cost of Capital—2001

AGENCY: Surface Transportation Board.

ACTION: Notice of decision instituting a

proceeding to determine the railroads’

2001 cost of capital.

SUMMARY: The Board is instituting a

proceeding to determine the railroad

industry’s cost of capital for 2001. The

decision solicits comments on: (1) The

railroads’ 2001 cost of debt capital; (2)

the railroads’ 2001 current cost of

preferred stock equity capital; (3) the

railroads’ 2001 cost of common stock

equity capital; and (4) the 2001 capital

structure mix of the railroad industry on

a market value basis.

DATES: Notices of intent to participate

are due no later than January 14, 2002.

Statements of the railroads are due by

March 29, 2002. Statements of other

interested persons are due by April 22,

2002. Rebuttal statements by the

railroads are due by May 13, 2002.

ADDRESSES: Send an original and 10

copies of statements and a copy of the

statement on a 3.5 inch disk in

WordPerfect 9.0, and an original and 1

copy of the notice of intent to

participate to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1925 K Street, NW,

Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Leonard J. Blistein, (202) 565–1529.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To obtain a copy

of the full decision, write to, call, or

pick up in person from the Board’s

contractor, Da ̄- To Da ̄ Legal, Suite 405,

1925 K Street, NW, Washington, DC

20006, phone (202) 293–7776.

[Assistance for the hearing impaired is

available through TDD services 1 (800)

877–8339.] A copy of the decision can

also be obtained from the Board’s

Internet site (www.stb.dot.gov).

We preliminarily conclude that the

proposed action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Authority: 49 U.S.C. 10704(a).

Decided: December 13, 2001.

By the Board, Chairman Morgan, Vice

Chairman Clyburn, and Commissioner

Burkes.

Vernon A. Williams,

Secretary.

[FR Doc. 01–31368 Filed 12–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–55 (Sub-No. 602X)]

CSX Transportation, Inc.—

Abandonment Exemption—in

Limestone County, AL

CSX Transportation, Inc. (CSXT) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon a 0.56-mile

line of railroad between milepost 000–

290.2 and milepost 000–290.76 in

Athens, Limestone County, AL. The line

traverses United States Postal Service

Zip Code 35614.

CSXT 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 (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 January 22, 2002, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,1 formal

66014 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices

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 offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

1According to petitioner, the southernmost 0.56

miles of the line is ICR terminal trackage and former

Natehez & Southern trackage not formally included

in ICR’s milepost numbering system. The southern

boundary of the abandonment is the equivalent of

milepost LN 98.38 under the numbering system

used on the remainder of the line.

1On December 4, 2001, NYCEDC filed a petition

for a 1-day extension of time in order to gather the

information necessary to file its application for

adverse abandonment. Board regulations and case

law permit extension of time for filing when good

cause is shown and no party will be prejudiced by

the delayed submission. See Huron Valley Steel Co.

v. Seaboard System RR, Inc., ICC Docket No. 39886

(ICC served Feb. 12, 1988). The extension is granted

and the application is accepted because NYCEDC

has shown good cause and no party will be

prejudiced by the delay.

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 December 31,

2001. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by January 10,

2002, with: Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to CSXT’s

representative: Paul R. Hitchcock,

Assistant General Counsel, CSX

Transportation, Inc., 500 Water Street,

J150, Jacksonville, FL 32202.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

CSXT has filed an environmental

report which addresses the effects, if

any, of the abandonment on the

environment and historic resources.

SEA will issue an environmental

assessment (EA) by December 28, 2001.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423) or by calling

SEA, at (202) 565–1552. 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 its line. If

consummation has not been effected by

CSXT’s filing of a notice of

consummation by December 21, 2002,

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 website at

www.stb.dot.gov.

Decided: December 11, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–30993 Filed 12–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–43 (Sub-No. 172X)]

Illinois Central Railroad CompanyAbandonment Exemption—in Adams

County, MS

On December 4, 2001, Illinois Central

Railroad Company (ICR), filed with the

Surface Transportation Board (Board) a

petition under 49 U.S.C. 10502 for

exemption from the provisions of 49

U.S.C. 10903 to abandon a line of

railroad known as the Natchez Spur,

between milepost LN 94.48 and

milepost LN 98.38, a distance of 3.9

miles in Natchez, Adams County, MS.1

The line traverses U.S. Postal Service

Zip Code 39120. There are no stations

on the line.

The line does not contain federally

granted rights-of-way. Any

documentation in ICR’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 issuance of this notice, the Board

is instituting an exemption proceeding

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

decision will be issued by March 22,

2002.

Any offer of financial assistance

(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. Each OFA must

be accompanied by a $1,000 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. 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 January 10, 2002. Each

trail use request must be accompanied

by a $150 filing fee. See 49 CFR

1002.2(f)(27).

All filings in response to this notice

must refer to STB Docket No. AB–43

(Sub-No. 172X) and must be sent to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001; and (2) Michael J. Barron, Jr., 455

North Cityfront Plaza Drive, Chicago, IL

60611–5317. Replies to the IC petition

are due on or before January 10, 2002.

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) 565–1552. [TDD for the

hearing impaired is available 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

‘‘WWW.STB.DOT.GOV.’’

Decided: December 14, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–31369 Filed 12–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–596]

New York City Economic Development

Corporation—Adverse Abandonment—

New York Cross Harbor Railroad, Inc.,

in New York, NY

On December 4, 2001,1 New York City

Economic Development Corporation

(NYCEDC) on behalf of the City of New

York (City) filed an adverse application

under 49 U.S.C. 10903 requesting that

the Surface Transportation Board