Federal Register/Vol. 63, No. 159/Tuesday, August 18, 1998
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Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Notices 44303 Sedgwick County, KS. UP is a Class I such as the one involved here. See through their direct control of South rail carrier and Central Kansas Railway D.T.&I.R.ÐTrackage Rights, 363 I.CC. Kansas and Oklahoma Railroad Limited Liability Company (CKR) is a 878 (1981). Under these standards, the Company (SKO) and the Palouse River limited liability rail carrier. The incidental abandonment, construction, & Coulee City Railroad, Inc. (PRCC); and proposed transaction was expected to be and trackage rights components require (2) for SKO to acquire control of SEK consummated on or shortly after July no separate approval or exemption and for PRCC to acquire control of BMR 29, 1998, the effective date of the when the relocation project, as here, through the acquisition of all exemption. will not disrupt service to shippers and outstanding stock of the respective The joint relocation project involves: thus qualifies for the class exemption at companies. (1) CKR's grant to UP of overhead 49 CFR 1180.2(d)(5). DATES: This exemption will be effective trackage rights on CKR's line extending As a condition to this exemption, any on September 17, 1998. Petitions to stay from South Junction westward to the employees affected by the trackage must be filed by September 2, 1998, and line of Kansas Southwestern Railway rights will be protected by the petitions to reopen must be filed by (KSR): (a) over a portion of CKR's conditions imposed in Norfolk and September 14, 1998. Wichita Subdivision from milepost 0.20 Western Ry. Co.ÐTrackage RightsÐBN, ADDRESSES: Send an original and 10 near South Junction to CKR's milepost 354 I.C.C. 605 (1978), as modified in copies of pleadings referring to STB 3.45 (which connects with KSR's Mendocino Coast Ry., Inc.ÐLease and Finance Docket No. 33603 to: Surface Hardtner Industrial Lead at milepost Operate, 360 I.C.C. 653 (1980). Transportation Board, Office of the 487.80) and (b) over CKR's track from If the notice contains false or Secretary, Case Control Unit, 1925 K milepost 211.49 (which is also milepost misleading information, the exemption Street, N.W., Washington, DC 20423± 2.80 on CKR's Wichita Subdivision) to is void ab initio. Petitions to revoke the 0001. In addition, send one copy of milepost 212.44 (which also connects exemption under 49 U.S.C. 10502(d) pleadings to petitioners' representative: with KSR's Hardtner Industrial Lead at may be filed at any time. The filing of Karl Morell, Of Counsel, Ball Janik LLP, milepost 488.8); and (2) UP's incidental a petition to revoke will not 1455 F Street, N.W., Suite 225, abandonment of, and discontinuance of automatically stay the transaction. Washington, DC 20005. operations over, a parallel portion of An original and 10 copies of all FOR FURTHER INFORMATION CONTACT: UP's Hutchinson Industrial Lead pleadings, referring to STB Finance Beryl Gordon, (202) 565±1600. [TDD for between milepost 483.44 and milepost Docket No. 33626, must be filed with the hearing impaired: (202) 565±1695.] 485.94 at Hardtner Junction, a distance the Surface Transportation Board, Office SUPPLEMENTARY INFORMATION: of 2.50 miles in Wichita. The trackage of the Secretary, Case Control Unit, 1925 Additional information is contained in rights to be abandoned includes the K Street, N.W., Washington, DC 20423± the Board's decision. To purchase a non-agency station of Hardtner Junction 0001. In addition, a copy of each copy of the full decision, write to, call, at milepost 485.94. pleading must be served on Joseph D. or pick up in person from: DC News & The proposed joint relocation project Anthofer, 1416 Dodge Street, #830, Data, Inc., 1925 K Street, N.W., Suite will not disrupt service to shippers. The Omaha, NE 68179. 210, Washington, DC 20006. Telephone: notice states that the project is to Board decisions and notices are (202) 289±4357. [Assistance for the remove long freight trains from UP's available on our website at hearing impaired is available through trackage and to eliminate approximately ``WWW.STB.DOT.GOV.'' TDD Services (202) 565±1695.] 24 grade crossings in Wichita. It also Decided: August 10, 1998. states that the project will facilitate Board decisions and notices are By the Board, David M. Konschnik, available on our website at implementation of part of an agreement Director, Office of Proceedings. which has been reached between UP, ``WWW.STB.DOT.GOV.'' Vernon A. Williams, the City of Wichita and Sedgwick Decided: August 7, 1998. County in a signed Memorandum of Secretary. By the Board, Chairman Morgan and Vice Understanding (MOU), filed with the [FR Doc. 98±22021 Filed 8±17±98; 8:45 am] Chairman Owen. Board on June 26, 1998, and granted.1 BILLING CODE 4915±00±P Vernon A. Williams, The Board will exercise jurisdiction Secretary. over the abandonment or construction DEPARTMENT OF TRANSPORTATION [FR Doc. 98±21881 Filed 8±17±98; 8:45 am] components of a relocation project, and BILLING CODE 4915±00±P require separate approval or exemption, Surface Transportation Board only where the removal of track affects service to shippers or the construction [STB Finance Docket No. 33603] DEPARTMENT OF THE TREASURY of new track involves expansion into a new territory. See City of Detroit versus Richard B. Webb and Susan K. Customs Service Canadian National Ry. Co., et al., 9 LundyÐControl ExemptionÐBlue I.C.C.2d 1208 (1993), aff'd sub nom., Mountain Railroad, Inc. and Southeast Modification of National Customs Detroit/Wayne County Port Authority Kansas Railroad Company Automation Program Test Regarding versus ICC, 59 F.3d 1314 (D.C. Cir. Reconciliation AGENCY: Surface Transportation Board. 1995). Line relocation projects may AGENCY: Customs Service, Treasury. embrace trackage rights transactions ACTION: Notice of exemption. ACTION: General notice. SUMMARY: The Board grants an 1 See Union Pacific Corporation, Union Pacific SUMMARY: Railroad Company, and Missouri Pacific Railroad exemption under 49 U.S.C. 10502, from A notice was published in the CompanyÐControl and MergerÐSouthern Pacific the prior approval requirements of 49 Federal Register on February 6, 1998, Rail Corporation. Southern Pacific Transportation U.S.C. 11323±25: (1) for Richard B. announcing the U.S. Customs ACS Company, St. Louis Southwestern Railway Webb and Susan K. Lundy to acquire Reconciliation Prototype. This Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company, Finance Docket indirect control of Blue Mountain document serves to announce certain No. 32760 [Decision No. 80] (STB served July 8, Railroad, Inc. (BMR), and Southeast operational changes to the prototype, as 1998). Kansas Railroad Company (SEK), well as to provide clarification on some 44304 Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Notices items. Most aspects of the prototype are secured by this bond, and that all D. Designated Processing Ports unchanged, including the Customs conditions set out in Section 113.62, The previous notice stated that Service policy that the prototype will Customs Regulations, are applicable Reconciliations may be filed at any serve, until implementation of the thereto. The principal(s) and surety also Customs port, but would be processed at Reconciliation component of NCAP/P, agree that, when an Aggregate a processing port assigned to the as the exclusive means to reconcile Reconciliation under this rider lists importer by Customs. Due to intricacies entry summaries. entries occurring in more than one bond relating to financial collections and period, any liabilities to Customs EFFECTIVE DATE: The starting date routing of documents, Customs has reflected in that Aggregate announced in the February 6, 1998 changed this aspect of the prototype. Reconciliation shall be attributable (up notice is unchanged. This prototype will While the underlying entries may still to the full available bond amount) to commence no earlier than October 1, be filed at any port, the Reconciliation any or all of those bond periods. 1998, will run for approximately two must be filed at the processing port years, and may be extended. 2. Termination of Bond Rider assigned to the importer by Customs. Applications to participate in the For purposes of filing the Reconciliation Termination of the Reconciliation prototype will be accepted throughout at the processing port, the broker permit Bond Rider by either the principal or the duration of the prototype. requirement is waived (See below). the surety may be affected in accordance ADDRESSES: Written comments The Reconciliation Processing Ports with procedures set forth in § 113.27, regarding this notice should be are: addressed to Mr. Don Luther, Customs Regulations. Termination of Reconciliation Team, U.S. Customs the Reconciliation Bond Rider will not Boston, MA serve to terminate the underlying bond. Champlain, NY Service, 1300 Pennsylvania Ave. N.W., Detroit, MI Mailstop 5.2A, Washington, DC, 20229± Moreover, it should be noted that Customs will not terminate bonds or El Paso, TX 0001. Laredo, TX FOR FURTHER INFORMATION CONTACT: Mr. riders filed pursuant to this prototype. Miami, FL Don Luther at (202) 927±0915. 3. Bond Coverage to be Evaluated Minneapolis, MN SUPPLEMENTARY INFORMATION: New York, NY/Newark, NJ In addition to the test evaluation Nogales, AZ Changes and Clarifications criteria listed in the February 6, 1998 Pharr, TX The following items are changes and notice, adequacy of bond coverage for Portland, OR San Diego/Otay Mesa, CA clarifications to the February 6, 1998 participating importers will also be Federal Register notice on the evaluated for this prototype. Other ports may be added at a later Reconciliation Prototype. Unless C. Changes in Terminology date, at which time affected participants specifically addressed in this notice, all would be notified.