Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices 19783

DATES: Effective Date: The effective date commitment to approve a noise DEPARTMENT OF TRANSPORTATION of the FAA’s determination on the noise compatibility program or to find the exposure maps is April 3, 2006. implementation of that program. Surface Transportation Board FOR FURTHER INFORMATION CONTACT: If questions arise concerning the Andrew Brooks, Federal Aviation precise relationship of specific [STB Finance Docket No. 34857] Administration Eastern Region Office, 1 properties to noise exposure contours The Kansas City Southern Railway Aviation Plaza, Jamaica, NY 11434, depicted on a noise exposure map (718) 553–3356. Company—Temporary Trackage submitted under section 103 of the Act, Rights Exemption—Union Pacific SUPPLEMENTARY INFORMATION: This it should be noted that the FAA is not Railroad Company and BNSF Railway notice announces that the FAA finds involved in any way in determining the Company that the noise exposure maps submitted relative locations of specific properties for Baltimore/Washington International with regard to the depicted noise Union Pacific Railroad Company (UP) Thurgood Marshall Airport are in contours, or in interpreting locations of and BNSF Railway Company (BNSF) compliance with applicable specific properties with regard to the have agreed to grant temporary requirements of part 150, effective April depicted noise contours, or in overhead trackage rights to The Kansas 3, 2006. City Southern Railway Company (KCSR) Under section 103 of the Aviation interpreting the noise exposure maps to resolve questions concerning, for over approximately 354 miles of rail Safety and Noise Abatement Act of 1979 line owned by UP, and over example, which properties should be (hereinafter referred to as ‘‘the Act’’), an approximately 30 miles of rail line covered by the provisions of section 107 airport operator may submit to the FAA owned by BNSF. of the Act. These functions are noise exposure maps which meet Under the trackage rights agreement, applicable regulations and which depict inseparable from the ultimate land use UP will provide KCSR with non- non-compatible land uses as of the date control and planning responsibilities of exclusive, temporary trackage rights as of submission of such maps, a local government. These local follows: (1) Between Shreveport, LA, description of projected aircraft responsibilities are not changed in any approximately UP milepost 230.8 and operations, and the ways in which such way under part 150 or through FAA’s the Quitman Street Connection in operations will affect such maps. The review of noise exposure maps. Houston, TX (UP’s Lufkin Subdivision), Act requires such maps to be developed Therefore, the responsibility for the a total distance of approximately 235 in consultation with interested and detailed overlaying of noise exposure miles, (2) between UP milepost 238.1 affected parties in the local community, contours onto the map depicting (BNSF Connection) and UP milepost government agencies, and persons using properties on the surface rests 238.0 (T&NO Junction), approximately the airport. exclusively with the airport operator 0.1 mile, and (3) between Algoa, TX, UP An airport operator who has which submitted those maps, or with milepost 343.1 and Placedo, TX, UP submitted noise exposure maps that are those public agencies and planning milepost 224.1 (UP’s Angleton found by FAA to be in compliance with agencies with which consultation is Subdivision), a distance of the requirements of Federal Aviation required under section 103 of the Act. approximately 119 miles. In addition, to Regulations (FAR) part 150, The FAA has relied on the certification enable KCSR to reach UP’s Angleton promulgated pursuant to Title I of the by the airport operator, under section Subdivision from Houston, BNSF will Act, may submit a noise compatibility 150.21 of FAR part 150, that the grant temporary trackage rights to KCSR program for FAA approval which sets as follows: (1) Over a portion of BNSF’s for the measures the operator has taken statutorily required consultation has been accomplished. rail line between Tower 81 in Houston or proposes for the reduction of existing (T&NO Junction) at BNSF milepost 19.4 non-compatible uses and for the Copies of the noise exposure maps and the Alvin Wye at BNSF milepost prevention of the introduction of and of the FAA’s evaluation of the maps 0.0, and (2) between Alvin Crossover, additional non-compatible uses. are available for examination at the milepost 28.6 and Algoa, milepost 24.4 The FAA has completed its review of following locations: Federal Aviation (BNSF’s Mykawa Subdivision), a the noise exposure maps and related Administration, Washington Airports distance of approximately 30 miles. descriptions submitted by the Maryland District Office, 23723 Air Freight Lane, The parties state that the transaction Aviation Administration. The specific Suite 210, Dulles, VA 20166. Maryland was scheduled to be consummated on maps under consideration are the noise Aviation Administration, Noise and April 1, 2006, or upon the effective date exposure maps identified as Figure 16 Land Use Compatibility Planning, 991 of the exemption,1 and that the (Basecase 2003 DNL Contours) and Corporate Boulevard, Linthicum, MD temporary trackage rights are scheduled Figure 17 (Forecast 2010 DNL Contours) 21090. to expire on June 1, 2006. The purpose in the submission. The FAA has of the trackage rights over UP’s and determined that these maps for Questions may be directed to the individual named above under the BNSF’s lines is to allow KCSR to Baltimore/Washington International provide a connection between Mexico, heading FOR FURTHER INFORMATION Thurgood Marshall Airport are in The Texas Mexican Railway Company’s CONTACT. compliance with applicable (Tex Mex) rail lines, and the remainder requirements. This determination is Issued on April 3, 2006 in Jamaica, NY. of KCSR’s system while UP’s Glidden effective on April 3, 2006. FAA’s William J. Flanagan, Subdivision is out of service due to determination on an airport operator’s noise exposure maps is limited to a Manager, Airports Division, Eastern Region. [FR Doc. 06–3624 Filed 4–14–06; 8:45 am] 1 Under 49 CFR 1180.4(g), a railroad must file a finding that the maps were developed in verified notice of the transaction with the Board at accordance with the procedures BILLING CODE 4910–13–M least one week in advance of consummation, in contained in appendix A of FAR part order to qualify for an exemption under 49 CFR 1180.2(d). In this case, the verified notice was filed 150. Such determination does not on March 29, 2006. Therefore, the earliest the constitute approval of the applicant’s transaction could have been consummated was data, information or plans, or a April 5, 2006, the effective date of the exemption.

VerDate Aug<31>2005 15:16 Apr 14, 2006 Jkt 208001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 dsatterwhite on PROD1PC76 with NOTICES 19784 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices

certain programmed track, roadbed and DEPARTMENT OF TRANSPORTATION will also provide local rail service to structural maintenance.2 shippers located on the line. Surface Transportation Board As a condition to this exemption, any As a condition to this exemption, any employees affected by the trackage employees affected by the trackage [STB Finance Docket No. 34848] rights will be protected by the rights will be protected by the conditions imposed in Norfolk and conditions imposed in Norfolk and The Kansas City Southern Railway Western Ry. Co.—Trackage Rights—BN, Western Ry. Co.—Trackage Rights—BN, Company—Trackage Rights 354 I.C.C. 605 (1978), as modified in 354 I.C.C. 605 (1978), as modified in Exemption—The Texas Mexican Railway Company Mendocino Coast Ry., Inc.—Lease and Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). Operate, 360 I.C.C. 653 (1980), and any The Texas Mexican Railway Company This notice is filed under 49 CFR employee affected by the (Tex Mex) has agreed to grant local and 1180.2(d)(7). If the notice contains false discontinuance of those trackage rights overhead trackage rights to The Kansas or misleading information, the will be protected by the conditions set City Southern Railway Company exemption is void ab initio. Petitions to out in Oregon Short Line R. Co.— (KCSR),1 to permit KCSR to operate over revoke the exemption under 49 U.S.C. Abandonment—Goshen, 360 I.C.C. 91 its entire line of railroad, approximately 10502(d) may be filed at any time. The (1979). 157 miles, between milepost 0.0 at filing of a petition to revoke will not This notice is filed under 49 CFR Laredo, TX, and milepost 157.0 at automatically stay the transaction. 1180.2(d)(8). If the notice contains false Corpus Christi, TX, including access to An original and 10 copies of all or misleading information, the all sidings, yards and connections pleadings, referring to STB Finance exemption is void ab inito. Petitions to thereto. Docket No. 34848, must be filed with This notice is related to a revoke the exemption under 49 U.S.C. the Surface Transportation Board, 1925 concurrently filed notice of exemption 10502(d) may be filed at any time. The K Street, NW., Washington, DC 20423– in STB Finance Docket No. 34849, filing of a petition to revoke will not 0001. In addition, a copy of each Kansas City Southern, The Kansas City pleading must be served on Robert B. automatically stay the transaction. Southern Railway Company, and The Terry, 427 West 12th Street, Kansas An original and 10 copies of all Texas Mexican Railway Company— City, MO 64105, and William A. pleadings, referring to STB Finance Exemption for Transactions Within a Mullins, 2401 Pennsylvania Ave., NW., Docket No. 34857, must be filed with Corporate Family, which involves the Suite 300, Washington, DC 20037. the Surface Transportation Board, 1925 assignment to, and acquisition by, KCSR Board decisions and notices are K Street, NW., Washington, DC 20423– of all of Tex Mex’s trackage and available on our Web site at http:// 0001. In addition, a copy of each operating rights, generally: (1) Over www.stb.dot.gov. pleading must be served on William A. lines of Union Pacific Railroad Decided: April 7, 2006. Company (UP) between Beaumont and Mullins, 2401 Pennsylvania Ave., NW., By the Board, David M. Konschnik, Suite 300, Washington, DC 20037. Houston, TX; (2) over lines of Houston Director, Office of Proceedings. Belt & Terminal Railway Company Board decisions and notices are Vernon A. Williams, (HBT) in and around Houston; and (3) available on our Web site at http:// over lines of UP between Houston and Secretary. www.stb.dot.gov. Corpus Christi and Robstown, TX. [FR Doc. E6–5550 Filed 4–14–06; 8:45 am] Decided: April 11, 2006. The parties state that the transaction BILLING CODE 4915–01–P By the Board, David M. Konschnik, was scheduled to be consummated on April 1, 2006. However, on March 29, Director, Office of Proceedings. DEPARTMENT OF TRANSPORTATION Vernon A. Williams, 2006, the record in the concurrently filed notice of exemption was Secretary. Surface Transportation Board supplemented, thereby causing the [FR Doc. 06–3620 Filed 4–14–06; 8:45 am] official filing date for both notices to be [STB Finance Docket No. 34849] BILLING CODE 4915–01–M March 29, 2006. Therefore, the earliest this transaction could have been Kansas City Southern, The Kansas consummated was April 5, 2006 (the City Southern Railway Company, and effective date of the exemption).2 The Texas Mexican Railway This transaction, in conjunction with Company—Exemption for the assignment and acquisition of Tex Transactions Within a Corporate Family 2 Applicants state that Tex Mex has operated over Mex’s trackage and operating rights in the Glidden Subdivision via trackage rights since the related notice of exemption, will Kansas City Southern (KCS), The 1996. On March 29, 2006, in STB Finance Docket allow KCSR to provide single-line Kansas City Southern Railway Company No. 34849, Kansas City Southern, The Kansas City service from Kansas City to Laredo, and (KCSR), and The Texas Mexican Southern Railway Company, and The Texas to market the route as a KCSR route Railway Company (Tex Mex), have filed Mexican Railway Company—Exemption for without having to include Tex Mex in a verified notice of exemption for a Transactions Within a Corporate Family, applicants the routing or the bill of lading. KCSR filed a verified notice of exemption involving the transaction within a corporate family. assignment to, and acquisition by, KCSR of all of The transaction involves the assignment 1 Tex Mex’s trackage and operating rights. Also on A draft copy of the trackage rights agreement to, and acquisition by, KCSR of all of March 29, in STB Finance Docket No. 34848, The was filed with the notice of exemption. Applicants state that a copy of the executed agreement will be Tex Mex’s trackage and operating rights. Kansas City Southern Railway Company—Trackage filed with the Board within the time frame specified The trackage rights agreements and Rights Exemption—The Texas Mexican Railway at 49 CFR 1180.6(a)(7)(ii). mileposts governing Tex Mex’s trackage Company, Tex Mex agreed to grant KCSR local and 2 Under 49 CFR 1180.4(g), a railroad must file a rights are as follows: (1) An agreement overhead trackage rights over its entire 157-mile rail verified notice of the transaction with the Board at line between Laredo and Corpus Christi, TX. All least one week in advance of consummation, in dated June 16, 1997, between Southern three related notices are being published and served order to qualify for an exemption under 49 CFR Pacific Transportation Company (SP) simultaneously. 1180.2(d). and Tex Mex, granting Tex Mex trackage

VerDate Aug<31>2005 15:16 Apr 14, 2006 Jkt 208001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 dsatterwhite on PROD1PC76 with NOTICES