35946 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Notices

DEPARTMENT OF TRANSPORTATION of this document and all documents 91702, and 91706. There are no rail entered into this docket is available on stations on the Line. Maritime Administration the World Wide Web at http:// In addition to an exemption from the www.regulations.gov. provisions of 49 U.S.C. 10903, NSR [Docket No. MARAD–2011–0079] seeks exemption from 49 U.S.C. 10904 FOR FURTHER INFORMATION CONTACT: (offer of financial assistance (OFA) Requested Administrative Waiver of Joann Spittle, U.S. Department of procedures) and 49 U.S.C. 10905 (public the Coastwise Trade Laws Transportation, Maritime use conditions). In support, BNSF Administration, 1200 New Jersey AGENCY: Maritime Administration, contends that an exemption from these Avenue, SE., Room W21–203, Department of Transportation. provisions is necessary to permit Washington, DC 20590. Telephone 202– LACMTA to extend light rail passenger ACTION: Invitation for public comments 366–5979, E-mail [email protected]. on a requested administrative waiver of service over the Line. These requests SUPPLEMENTARY INFORMATION: As the Coastwise Trade Laws for the vessel will be addressed in the final decision. described by the applicant the intended LIL LIZ. BNSF states that, based on service of the vessel LIL LIZ is: information in its possession, the Line SUMMARY: As authorized by 46 U.S.C. Intended Commercial Use of Vessel: does contain federally granted rights-of- 12121, the Secretary of Transportation, ‘‘At beginning of work shift to ferry way. Any documentation in BNSF’s as represented by the Maritime employees from shore to dredge and at possession will be made available Administration (MARAD), is authorized end of work shift to ferry employees promptly to those requesting it. to grant waivers of the U.S.-build from dredge to shore.’’ The interest of railroad employees requirement of the coastwise laws under Geographic Region: ‘‘Louisiana only.’’ will be protected by the conditions set forth in Oregon Short Line Railroad— certain circumstances. A request for Privacy Act such a waiver has been received by Abandonment Portion Goshen Branch MARAD. The vessel, and a brief Anyone is able to search the Between Firth & Ammon, in Bingham & description of the proposed service, is electronic form of all comments Bonneville Counties, Idaho, 360 I.C.C. listed below. The complete application received into any of our dockets by the 91 (1979). is given in DOT docket MARAD–2011– name of the individual submitting the By issuing this notice, the Board is 00709 at http://www.regulations.gov. comment (or signing the comment, if instituting an exemption proceeding Interested parties may comment on the submitted on behalf of an association, pursuant to 49 U.S.C. 10502(b). A final effect this action may have on U.S. business, labor union, etc.). You may decision will be issued by September vessel builders or businesses in the U.S. review DOT’s complete Privacy Act 16, 2011. that use U.S.-flag vessels. If MARAD Statement in the Federal Register Any OFA under 49 CFR 1152.27(b)(2) determines, in accordance with 46 published on April 11, 2000 (Volume will be due no later than 10 days after U.S.C. 12121 and MARAD’s regulations 65, Number 70; Pages 19477–78). service of a decision granting the at 46 CFR part 388 (68 FR 23084, April By Order of the Maritime Administrator. petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. 30, 2003), that the issuance of the Dated: June 7, 2011. waiver will have an unduly adverse See 49 CFR 1002.2(f)(25). Christine Gurland, All interested persons should be effect on a U.S.-vessel builder or a Secretary, Maritime Administration. business that uses U.S.-flag vessels in aware that, following abandonment of [FR Doc. 2011–15145 Filed 6–17–11; 8:45 am] that business, a waiver will not be rail service and salvage of the Line, the BILLING CODE 4910–81–P granted. Comments should refer to the Line may be suitable for other public docket number of this notice and the use, including interim trail use. Any request for a public use condition under vessel name in order for MARAD to DEPARTMENT OF TRANSPORTATION properly consider the comments. 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be Comments should also state the Surface Transportation Board commenter’s interest in the waiver due no later than July 11, 2011. Each trail use request must be accompanied application, and address the waiver [Docket No. AB 6; Sub–No. 477X] criteria given in § 388.4 of MARAD’s by a $250 filing fee. See 49 CFR regulations at 46 CFR part 388. BNSF Railway Company— 1002.2(f)(27). Abandonment Exemption—in Los All filings in response to this notice DATES: Submit comments on or before Angeles County, CA. must refer to Docket No. AB 6 (Sub-No. July 20, 2011. 477X), and must be sent to: (1) Surface ADDRESSES: Comments should refer to On May 31, 2011, BNSF Railway Transportation Board, 395 E Street, SW., docket number MARAD–2011–0079. Company (BNSF) filed with the Surface Washington, DC 20423–0001; and (2) Written comments may be submitted by Transportation Board (Board) a petition Karl Morell, Of Counsel, Ball Janik LLP, hand or by mail to the Docket Clerk, under 49 U.S.C. 10502 for exemption 655 Fifteenth Street, NW., Suite 225, U.S. Department of Transportation, from the provisions of 49 U.S.C. 10903 Washington, DC 20005. Replies to the Docket Operations, M–30, West to abandon its rail freight service BNSF petition are due on or before July Building Ground Floor, Room W12–140, easement over 4.85 miles of rail line 11, 2011. 1200 New Jersey Avenue, SE., owned by Los Angeles County Persons seeking further information Washington, DC 20590. You may also Metropolitan Transportation Authority concerning abandonment procedures send comments electronically via the (LACMTA) extending between milepost may contact the Board’s Office of Public Internet at http://www.regulations.gov. 119.35, just east of the San Gabriel Assistance, Governmental Affairs, and All comments will become part of this River, in Irwindale, and milepost Compliance at (202) 245–0238 or refer docket and will be available for 124.20, just east of the Santa Anita Blvd. to the full abandonment or inspection and copying at the above grade crossing, in Arcadia, in Los discontinuance regulations at 49 CFR pt. address between 10 a.m. and 5 p.m., Angeles County, CA (the Line). The Line 1152. Questions concerning E.T., Monday through Friday, except traverses United States Postal Service environmental issues may be directed to federal holidays. An electronic version Zip Codes 91006, 91007, 91010, 91016, the Board’s Office of Environmental

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Analysis (OEA) at (202) 245–0305. abandonment, the State of Maine, by Madawaska, Me., to access MMA lines Assistance for the hearing impaired is and through its Department of south of Millinocket and the MMA line available through the Federal Transportation (State), sought to beyond Madawaska. Information Relay Service (FIRS) at 1– preserve service on the Line and (2) In Maine Northern Railway 800–877–8339. purchased the Line pursuant to the class Company—Trackage Rights An environmental assessment (EA) (or exemption found in Common Carrier Exemption—Montreal, Maine & Atlantic environmental impact statement (EIS), if Status of States, State Agencies and Railway, Ltd., FD 35518 (STB served necessary) prepared by OEA will be Instrumentalities, and Political June 3, 2011), MNRC invoked Board served upon all parties of record and Subdivisions, 363 I.C.C. 132 (1980) authority for overhead trackage rights upon any agencies or other persons who (Common Carrier), aff’d sub nom being granted to it by MMA over MMA’s commented during its preparation. Simmons v. ICC, 697 F.2d 326 (D.C. Cir. line extending between Madawaska, Me. Other interested persons may contact 1982), codified at 49 CFR 1150.22. (at or about milepost 260 on MMA’s OEA to obtain a copy of the EA (or EIS). Montreal, Maine & Atlantic Railway, Madawaska Subdivision) and the EAs in these abandonment proceedings Ltd. (MMA), the abandoning carrier, connection to the Canadian National normally will be made available within was authorized to provide service on the Railway (CN) in St. Leonard, N.B. (at or 60 days of the filing of the petition. The Line on an interim basis while the State about milepost 194.1 on CN’s deadline for submission of comments on conducted a search for a new operator.2 Nappadoggin Subdivision), plus the EA generally will be within 30 days In April 2011, the State selected MNRC additional trackage as described in that of its service. as the new operator, and on April 14, notice, so that MNRC can directly access Board decisions and notices are 2011, MMA filed its 60-day notice to CN to the north once MNRC begins its available on our Web site at ‘‘http:// terminate its interim service.3 operations. www.stb.dot.gov.’’ Pursuant to a lease and operating (3) In Maine Northern Railway agreement (Agreement) dated June 1, Decided: June 14, 2011. Company—Trackage Rights 2011, between MNRC and the State, Exemption—Montreal, Maine & Atlantic By the Board, Rachel D. Campbell, MNRC will provide operations on the Director, Office of Proceedings. Railway, Ltd., FD 35519 (STB served Line for an initial term of 10 years, June 3, 2011), MNRC invoked Board Jeffrey Herzig, which MNRC may extend for 1 or 2 Clearance Clerk. authority for overhead trackage rights additional 10-year terms. The being granted to it by MMA over MMA’s [FR Doc. 2011–15187 Filed 6–17–11; 8:45 am] Agreement may be terminated, and line extending between Millinocket, Me. BILLING CODE 4915–01–P operations may cease, in whole or in (at or about milepost 109 on MMA’s part, during any term upon the Millinocket Subdivision) and occurrence of certain events described Brownville Junction, Me. (at or about DEPARTMENT OF TRANSPORTATION in the Agreement. MNRC points out milepost 104.84 on the Mattawamkeag that, as stated in the Agreement, the Subdivision of the Eastern Maine Surface Transportation Board portion of the Limestone Subdivision Railway (EMR)), including MMA’s between Caribou and the end of the line [Docket No. FD 35521] Brownville Junction Yard, so that in Limestone is not operational and will MNRC can directly access EMR to the not be operated, as of the date of the Maine Northern Railway Company— south once MNRC begins its operations. Modified Rail Certificate—in Aroostook Agreement. If future circumstances (4) In The New Brunswick Railway and Penobscot Counties, ME warrant, MNRC can begin operations on this segment under the Agreement. Company—Continuance in Control On June 7, 2011, Maine Northern The transaction in Docket No. FD Exemption—Maine Northern Railway Railway Company (MNRC) filed a notice 35521 is related to the following Company, FD 35520 (STB served June 3, for a modified certificate of public transactions. 2011), The New Brunswick Railway convenience and necessity, pursuant to (1) In Montreal, Maine & Atlantic Company (NBRC), the parent company 49 CFR 1150 subpart C—Modified Railway, Ltd.—Trackage Rights of both EMR and MNRC, was authorized Certificate of Public Convenience and Exemption—Maine Northern Railway to continue in control of EMR and Necessity, to lease and operate Company, FD 35505 (STB served May MNRC once MNRC becomes a Class III approximately 233 miles of rail line (the 27, 2011), MMA invoked Board carrier after filing the modified Line) in Aroostook and Penobscot authority for overhead trackage rights certificate notice in Docket No. FD Counties, Me. being granted to it by MNRC over 35521. The Line was the subject of an approximately 151 miles of rail line The Line qualifies for a modified abandonment application granted by the extending between milepost 109 near certificate of public convenience and Board in Montreal, Maine & Atlantic Millinocket, Me. and milepost 260 near necessity. See Common Carrier and 49 Railway, Ltd.—Discontinuance of CFR 1150.22. MNRC states that it will Service and Abandonment—in of line between milepost 0.0 near Presque Isle and receive no subsidies in connection with Aroostook and Penobscot Counties, Me., milepost 10.0 near Easton in Aroostook County; (4) its operations and that there will be no the Limestone Subdivision, consisting of preconditions that shippers must meet AB 1043 (Sub-No. 1)(STB served Dec. approximately 29.85 miles of line between milepost 27, 2010).1 Although authorized for 0.0 near Presque Isle and milepost 29.85 near to receive service. Limestone in Aroostook County and; (5) the This notice will be served on the 1 Specifically, the application, as amended, Houlton Subdivision, running between milepost 0.0 Association of American Railroads (Car identified the Line to be abandoned as comprising: near Oakfield and milepost 17.27 near Houlton in Service Division) as agent for all (1) The Madawaska Subdivision, consisting of Aroostook County, and including the B Spur. approximately 151 miles of line between milepost 2 See Montreal, Me. & Atl. Ry.—Modified Rail railroads subscribing to the car-service 109 near Millinocket and milepost 260 near Certificate—in Aroostook and Penobscot Cntys., and car-hire agreement at 425 Third Madawaska in Penobscot and Aroostook Counties; Me., FD 35463 (STB served Jan. 26, 2011). Street, SW., Suite 1000, Washington, DC (2) the Presque Isle Subdivision, consisting of 3 Under 49 CFR 1150.23, rail operations of a 20024; and on the American Short Line approximately 25.3 miles of line between milepost carrier under a modified certificate may commence 0.0 near Squa Pan and milepost 25.3 near Presque immediately upon the filing of a modified and Regional Railroad Association at 50 Isle in Aroostook County; (3) the Fort Fairfield certificate notice with the Board. MNRC, however, F Street, NW., Suite 7020, Washington, Subdivision, consisting of approximately 10 miles will not begin its rail operations until June 15, 2011. DC 20001.

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