65040 Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices

checked. We estimate the time to (transmittal letter), 49 CFR 1105.12 20423–0001) or by calling OEA at (202) complete the survey for the medical (newspaper publication), and 49 CFR 245–0305. Assistance for the hearing review contact in each State to be 2.5 1152.50(d)(1) (notice to governmental impaired is available through the hours. Additionally, we estimate 2.5 agencies) have been met. Federal Information Relay Service at hours of time for each medical review As a condition to this exemption, any (800) 877–8339. Comments on contact to review and edit the narrative employee adversely affected by the environmental and historic preservation describing their State’s medical review abandonment shall be protected under matters must be filed by November 7, structure and process. This estimate Oregon Short Line Railroad— 2013. includes the time that may be required Abandonment Portion Goshen Branch Environmental, historic preservation, to respond to telephone contacts made Between Firth & Ammon, in Bingham & public use, or trail use/rail banking by TransAnalytics if necessary, to Bonneville Counties, Idaho, 360 I.C.C. conditions will be imposed, where follow-up or clarify survey responses. 91 (1979). To address whether this appropriate, in a subsequent decision. The total estimated annual burden will condition adequately protects affected Pursuant to the provisions of 49 CFR be 255 hours (5 hours for each employees, a petition for partial 1152.29(e)(2), CCP shall file a notice of respondent, 50 States + Washington, revocation under 49 U.S.C. 10502(d) consummation with the Board to signify DC). Survey respondents will incur no must be filed. that it has exercised the authority costs from the data collection and will Provided no formal expression of granted and fully abandoned the Line. If incur no record keeping burden and no intent to file an offer of financial consummation has not been effected by record keeping cost from the assistance (OFA) has been received, this CCP’s filing of a notice of information collection. exemption will be effective on consummation by October 30, 2014, and Authority: 44 U.S.C. 3506(c)(2)(A). November 29, 2013, unless stayed there are no legal or regulatory barriers pending reconsideration.2 Petitions to to consummation, the authority to Issued on October 25, 2013. stay that do not involve environmental abandon will automatically expire. Jeffrey Michael, issues,3 formal expressions of intent to Board decisions and notices are Associate Administrator, Research and file an OFA under 49 CFR available on our Web site at Program Development. 1152.27(c)(2),4 and trail use/rail banking ‘‘www.stb.dot.gov.’’ [FR Doc. 2013–25793 Filed 10–29–13; 8:45 am] requests under 49 CFR 1152.29 must be Decided: October 24, 2013. BILLING CODE 4910–59–P filed by November 12, 2013. Petitions to By the Board, Rachel D. Campbell, reopen or requests for public use Director, Office of Proceedings. conditions under 49 CFR 1152.28 must DEPARTMENT OF TRANSPORTATION Jeffrey Herzig, be filed by November 19, 2013, with the Clearance Clerk. Surface Transportation Board Surface Transportation Board, 395 E [FR Doc. 2013–25741 Filed 10–29–13; 8:45 am] Street SW., Washington, DC 20423– BILLING CODE 4915–01–P [Docket No. AB 314 (Sub-No. 6X)] 0001. A copy of any petition filed with the Chicago Central & Pacific Railroad Board should be sent to CCP’s DEPARTMENT OF TRANSPORTATION Company—Abandonment Exemption— representative: Audrey L. Brodrick, in Linn County, Iowa Fletcher & Sippel LLC, 29 N. Wacker Surface Transportation Board Dr., Suite 920, Chicago, IL 60606. Chicago Central & Pacific Railroad [Docket No. FD 35755] Company (CCP) 1 has filed a verified If the verified notice contains false or notice of exemption under 49 CFR part misleading information, the exemption BNSF Railway Company, CBEC 1152 subpart F–Exempt Abandonments is void ab initio. Railway Inc., Iowa Interstate Railroad, to abandon an approximately 0.49-mile CCP has filed a combined Ltd., and Union Pacific Railroad line of railroad extending between environmental and historic report that Company—Joint Relocation Project milepost 230.24 and milepost 229.75 in addresses the effects, if any, of the Exemption—In Council Bluffs, Iowa Cedar Rapids, Linn County, Iowa (the abandonment on the environment and Line). The Line traverses United States historic resources. OEA issued an On September 30, 2013, BNSF Postal Service Zip Code 52302. environmental assessment (EA) on Railway Company (BNSF), CBEC CCP has certified that: (1) No local October 23, 2013. Interested persons Railway Inc. (CBEC), Iowa Interstate traffic has moved over the Line for at may obtain a copy of the EA by writing Railroad, Ltd. (IAIS), and Union Pacific least two years; (2) there is no overhead to OEA (Room 1100, Surface Railroad Company (UP) (collectively, traffic on the Line to be rerouted over Transportation Board, Washington, DC applicants) jointly filed a verified notice other lines; (3) no formal complaint of exemption under 49 CFR 1180.2(d)(5) filed by a user of rail service on the Line 2 This notice was scheduled to be published in to participate in a joint relocation (or by a state or local government entity the Federal Register during the time that the agency project in Council Bluffs, Iowa (the was closed due to a lapse in appropriations. City). acting on behalf of such user) regarding Because publication of this notice has been delayed, cessation of service over the Line either the effective date of the exemption will also be The purpose of the joint relocation is pending with the Surface delayed to provide adequate notice to the public. project is to facilitate the reconstruction Transportation Board (Board) or with 3 The Board will grant a stay if an informed of Interstates 80 and 29 in Council decision on environmental issues (whether raised Bluffs. The Council Bluffs Interstate any U.S. District Court or has been by a party or by the Board’s Office of Environmental decided in favor of complainant within Analysis (OEA) in its independent investigation) System (CBIS) Improvements Project is the two-year period; and (4) the cannot be made before the exemption’s effective a public works project initiated by the requirements at 49 CFR 1105.7(c) date. See Exemption of Out-of-Serv. Rail Lines, 5 Iowa Department of Transportation I.C.C. 2d 377 (1989). Any request for a stay should (IDOT) that involves the joint relocation (environmental report), 49 CFR 1105.11 be filed as soon as possible so that the Board may take appropriate action before the exemption’s project and an acquisition by IAIS of a 1 1 CCP is an indirect subsidiary of Canadian effective date. line of railroad owned by BNSF. National Railway Company (CNR) and is controlled 4 Each OFA must be accompanied by the filing by Grand Trunk Corporation, a wholly owned fee, which is currently set at $1,600. See 49 CFR 1 Iowa Interstate R.R.—Acquis. Exemption—Line subsidiary of CNR. 1002.2(f)(25). of BNSF Ry., FD 35751 (filed Aug. 7, 2013). The

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According to applicants, the following Subdivision milepost 488.85, a distance The transaction may be consummated steps will be taken to allow for the CBIS of approximately 1,500 feet. Seventh, on or after November 13, 2013, the Improvements Project to proceed. First, BNSF will grant overhead trackage effective date of the exemption.2 BNSF will close its Council Bluffs yard rights to IAIS between BNSF Bayard If the verified notice contains false or and convey the underlying land to the Subdivision milepost 482.08 and BNSF misleading information, the exemption State of Iowa. Second, BNSF will Council Bluffs Subdivision milepost is void ab initio. Petitions to revoke the abandon the following two segments of 488.6. Lastly, BNSF and IAIS will exemption under 49 U.S.C. 10502(d) its Council Bluffs Subdivision: (1) The establish new connections between the may be filed at any time. The filing of segment located between milepost two carriers at BNSF Bayard a petition to revoke will not 490.62 and milepost 491.00, a distance Subdivision milepost 482.08 and IAIS automatically stay the effectiveness of of approximately 0.38 miles; and (2) the milepost 489.30, which will enable the exemption. Petitions for stay must segment located between milepost BNSF to crossover IAIS from its Council be filed no later than November 6, 2013 491.75 and 492.65, a distance of Bluffs Subdivision to reach its Bayard (at least 7 days before the exemption approximately 0.90 miles. The first Subdivision through a dual switch becomes effective). segment will be relocated to the west of arrangement. An original and 10 copies of all Mosquito Creek. This segment is located pleadings, referring to Docket No. FD between BNSF Bayard Subdivision Applicants state that the proposed 35755, must be filed with the Surface milepost 482.08 and a point near BNSF joint relocation project will not disrupt Transportation Board, 395 E Street SW., Council Bluffs Subdivision milepost service to shippers, nor will it expand Washington, DC 20423–0001. In 488.85, a distance of approximately 1.6 service by BNSF, CBEC, or IAIS into a addition, a copy of each pleading must miles. The second segment will be new territory. According to applicants, be served on applicants’ representatives: relocated to the west of Highway 192 in there are no shippers located on the rail Karl Morell, Ball Janik LLP, 655 downtown Council Bluffs. This segment segments BNSF and CBEC are Fifteenth Street NW., Suite 225, is located between BNSF milepost abandoning. Washington, DC 20005 (BNSF’s 492.65 and the connection to the IAIS The Board will exercise jurisdiction representative); Benjamin M. Clark, main line at IAIS milepost 489.3, a over the abandonment, construction, or Sullivan & Ward, P.C., 6601 Westown distance of approximately 0.3 miles. sale components of a relocation project, Parkway, Suite 200, West Des Moines, Third, CBEC will abandon its main line and require separate approval or Iowa 50266 (CBEC’s representative); between milepost 3.90 and milepost exemption, only where the removal of Thomas J. Litwiler, Fletcher & Sippel 6.47, a distance of approximately 2.8 track affects service to shippers or the LLC, 29 North Wacker Drive, Suite 920, miles. That portion of CBEC’s main line construction of new track or transfer of Chicago, IL 60606 (IAIS’s will be relocated to the west bank of existing track involves expansion into representative); and Jeremy M. Berman, Mosquito Creek between milepost 3.90, new territory. See City of Detroit v. Union Pacific Railroad Company, 1400 approximately 1,500 feet to the Douglas Street STOP 1580, Omaha, NE., northwest of IA–92/US–275 and the Canadian Nat’l Ry., 9 I.C.C.2d 1208 (1993), aff’d sub nom. Detroit/Wayne 68179 (UP’s representative). connection with the lead track to Board decisions and notices are MidAmerican Energy Company’s Walter Cnty. Port Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995); Flats Indus. R.R. available on our Web site at Scott, Jr. Energy Center (MidAmerican), ‘‘www.stb.dot.gov.’’ a distance of approximately 1.5 miles. & Norfolk S. Ry.—Joint Relocation Fourth, UP’s trackage rights on CBEC’s Project Exemption—in Cleveland, Ohio, Decided: October 25, 2013. line to be abandoned will be FD 34108 (STB served Nov. 15, 2001). By the Board, Rachel D. Campbell, discontinued and relocated to CBEC’s Line relocation projects may embrace Director, Office of Proceedings. newly constructed main line. Fifth, trackage rights transactions such as Jeffrey Herzig, BNSF and CBEC will establish a those involved here. See Detroit, Toledo Clearance Clerk. crossover connection between their & Ironton R.R.—Trackage Rights— [FR Doc. 2013–25740 Filed 10–29–13; 8:45 am] newly constructed and parallel main Between Washington Court House & BILLING CODE 4915–01–P lines on the west side of Mosquito Creek Greggs, Ohio—Exemption, 363 I.C.C. at a point approximately 900 feet south 878 (1981). Under these standards, the of I–29. CBEC will grant overhead incidental abandonment, construction, trackage rights to BNSF from that and trackage rights components of this DEPARTMENT OF THE TREASURY connection and from BNSF Council relocation project require no separate Bluffs Subdivision milepost 488.6 to the approval or exemption because the Submission for OMB Review; connection with the lead track to relocation project will not disrupt Comment Request MidAmerican, a distance of service to shippers, expand BNSF’s, October 24, 2013. approximately 0.6 miles and 0.5 miles, CBEC’s, or IAIS’s service into a new The Department of the Treasury will respectively. Sixth, BNSF and CBEC territory, or alter the existing submit the following information also will establish an opposite-direction competitive situation, and thus, this collection request to the Office of crossover connection between their joint relocation project qualifies for the Management and Budget (OMB) for newly constructed and parallel main class exemption at 49 CFR 1180.2(d)(5). lines on the west side of Mosquito Creek review and clearance in accordance As a condition to this exemption, any at a point approximately 1,400 feet with the Paperwork Reduction Act of employees affected by the trackage south of I–29. BNSF will grant overhead 1995, Public Law 104–13, on or after the rights will be protected by the trackage rights to CBEC from that date of publication of this notice. conditions imposed in Norfolk and connection to a new connection with Western Railway—Trackage Rights— 2 CBEC’s relocated SIRE industrial lead This notice was scheduled to be published in Burlington Northern, Inc., 354 I.C.C. 605 the Federal Register during the time that the agency track at BNSF Council Bluffs (1978), as modified in Mendocino Coast was closed due to a lapse in appropriations. Railway—Lease and Operate-California Because publication of this notice has been delayed, Board will address that petition for exemption in the effective date of the exemption will also be a subsequent decision. Western Railroad, 360 I.C.C. 653 (1980). delayed to provide adequate notice to the public.

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