Notice: Railroad Operation, Acquisition, Construction, Control, Etc.

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
The Kansas City Southern Railway conditions imposed in Norfolk and
conditions imposed in Norfolk and
Company—Trackage Rights Western Ry. Co.—Trackage Rights—BN,
Western Ry. Co.—Trackage Rights—BN,
Exemption—The Texas Mexican 354 I.C.C. 605 (1978), as modified in
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and
Mendocino Coast Ry., Inc.—Lease and Railway Company
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 the Surface Transportation Board, 1925
revoke the exemption under 49 U.S.C.
concurrently filed notice of exemption K Street, NW., Washington, DC 20423–
10502(d) may be filed at any time. The
in STB Finance Docket No. 34849, 0001. In addition, a copy of each
filing of a petition to revoke will not
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.
Mullins, 2401 Pennsylvania Ave., NW., Company (UP) between Beaumont and
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

Director, Office of Proceedings. April 1, 2006. However, on March 29,
2006, the record in the concurrently DEPARTMENT OF TRANSPORTATION
Vernon A. Williams,
filed notice of exemption was Surface Transportation Board
Secretary.
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
2 Applicants state that Tex Mex has operated over Mex’s trackage and operating rights in Family
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
Mexican Railway Company—Exemption for
Railway Company (Tex Mex), have filed
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 transaction within a corporate family.
filed a verified notice of exemption involving the
assignment to, and acquisition by, KCSR of all of The transaction involves the assignment
1 A draft copy of the trackage rights agreement
Tex Mex’s trackage and operating rights. Also on 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
Tex Mex’s trackage and operating rights.
dsatterwhite on PROD1PC76 with NOTICES
state that a copy of the executed agreement will be

Kansas City Southern Railway Company—Trackage The trackage rights agreements and
filed with the Board within the time frame specified
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
overhead trackage rights over its entire 157-mile rail rights are as follows: (1) An agreement
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
Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices 19785
rights over SP’s tracks between Houston, milepost 766.7), and (ii) the connection to operate over its entire line of railroad,
TX, in the vicinity of SP’s milepost with KCS at the Neches River Draw approximately 157 miles, between
360.42 (Carr Street Connection) and Bridge in Beaumont in the vicinity of milepost 0.0 at Laredo, TX, and
Beaumont, TX, in the vicinity of SP’s KCS milepost 766.0; and (3) an milepost 157.0 at Corpus Christi, TX,
milepost 282.4; (2) an agreement agreement between Tex Mex and HB&T including access to all sidings, yards
between Missouri Pacific Railroad governing tracks in Houston, including, and connections thereto.
Company (MP), SP, and Tex Mex but not limited to HB&T’s line from The parties stated that the transaction
governing tracks between Robstown, Quitman Street in the vicinity of HB&T was scheduled to be consummated on
TX, and Corpus Christi, TX, and milepost 4.7 (West Belt Subdivision) to April 1, 2006. However, on March 29,
Beaumont, and various tracks in and the HB&T connection with Union 2006, the record in this proceeding was
around Houston, including the Pacific Railroad Company (UP) at Gulf supplemented, thereby causing the
following: (a) MP’s line between Coast Junction in the vicinity of HB&T official filing date to be March 29, 2006.
Robstown in the vicinity of MP milepost milepost 4.6 (East Belt Subdivision), a Therefore, the earliest the transaction
141.48 and Placedo, TX, in the vicinity distance of 3.6 miles; and HB&T’s line could have been consummated was
of MP milepost 224.2, (b) MP’s line from its connection with SP at T&NO April 5, 2006 (the effective date of the
between Corpus Christi in the vicinity Junction (Tower 81) in the vicinity of exemption).2
HB&T milepost 11.0 (West Belt This transaction and the transaction
of MP milepost 145.59 and Odem, TX,
Subdivision) to HB&T’s connection with in the related notice of exemption are
in the vicinity of MP milepost 132.2, via
UP at Interstate Junction in the vicinity part of an intra-corporate transaction
Savage Lane to MP’s Viola Yard; SP’s
of HB&T milepost 7.5 (East Belt that will allow KCSR to provide single-
line between Placedo in the vicinity of
Subdivision), a distance of 8.2 miles. line service from Kansas City to Laredo,
SP milepost 14.2 and West Junction, TX,
Applicants state that Tex Mex and to market the route as a KCSR route
in the vicinity of SP milepost 12.6, via without having to include Tex Mex in
acquired its trackage rights as part of the
Victoria, TX, and Flatonia, TX, (c) SP’s the routing or the bill of lading.
UP/SP merger and its various related
line between West Junction in the This is a transaction within a
proceedings.1 Applicants further state
vicinity of SP milepost 12.6 and T&NO corporate family of the type exempted
that Tex Mex’s rights within Houston
Junction, TX, in the vicinity of SP from prior review and approval under
were further clarified and amended in
milepost 4.6, (d) SP’s line from West 49 CFR 1180.2(d)(3). The parties state
Houston/Gulf Coast Oversight to
Junction through Bellaire Junction, TX, that the transaction will not result in
provide Tex Mex with a ‘‘clear route’’
to Chaney Junction, TX, in the vicinity through Houston. The purpose of the adverse changes in service levels,
of SP milepost 2.8, (e) SP’s line from ‘‘clear route’’ provision was to provide significant operational changes, or
Chaney Junction in the vicinity of SP dispatchers with the ability to route a changes in the competitive balance with
milepost 2.8 to Tower 26 in the vicinity Tex Mex train over any section of carriers outside the KCS corporate
of SP milepost 360.7, via the Houston Houston switching track as necessary to family.
Passenger station, (f) SP’s line from improve service and alleviate As a condition to the use of this
Chaney Junction in the vicinity of SP congestion. Further, applicants state exemption, any employees adversely
milepost 2.8 to Tower 26 in the vicinity that, as a result, not all mileposts and affected by this transaction will be
of SP milepost 360.7, via the Hardy switching tracks over which Tex Mex protected by the conditions set forth in
Street yard, (g) MP’s line from Settegast can operate are specifically delineated Norfolk and Western Ry. Co.—Trackage
Junction, TX, in the vicinity of MP within the three agreements. Rights—BN, 354 I.C.C. 605 (1978), as
milepost 381.61 to the connection with KCS is a publicly traded, noncarrier modified in Mendocino Coast Ry., Inc.—
Houston Belt & Terminal Railway holding company, with both rail and Lease and Operate, 360 I.C.C. 653
Company (HB&T) at Interstate Junction, non-rail assets. KCS currently controls 3 (1980).
TX, in the vicinity of MP milepost 7.60, rail common carriers: (1) KCSR, a Class If the notice contains false or
(h) SP’s line from T&NO Junction in the I carrier that owns and operates misleading information, the exemption
vicinity of SP milepost 4.6 to the approximately 3,100 miles of rail line in is void ab initio. Petitions to revoke the
connection with PTRA in the vicinity of ten states; (2) Gateway Eastern Railway exemption under 49 U.S.C. 10502(d)
Katy Neck (GH&H Junction) in the Company, a Class III carrier that owns may be filed at any time. The filing of
vicinity of SP milepost 1.3, (i) SP’s line and operates approximately 17 miles of a petition to revoke will not
from SP milepost 360.7 near Tower 26 rail line between East Alton and East St. automatically stay the transaction.
to the connection with HB&T at Louis, IL, and the rail and related An original and 10 copies of all
Quitman Street in the vicinity of SP materials on many of KCSR’s branch pleadings, referring to STB Finance
milepost 1.45, (j) MP’s line between lines; and (3) Tex Mex, a Class II carrier. Docket No. 34849, must be filed with
Gulf Coast Junction, TX, in the vicinity This notice is related to a the Surface Transportation Board, 1925
of MP milepost 377.98 and Amelia, TX, concurrently filed notice of exemption K Street, NW., Washington, DC 20423–
in the vicinity of MP milepost 451.4, (k) in STB Finance Docket No. 34848, The 0001. In addition, a copy of each
MP’s line between Amelia in the Kansas City Southern Railway pleading must be served on Robert B.
vicinity of MP milepost 451.4 and the Company—Trackage Rights Terry, 427 West 12th Street, Kansas
connection with SP at Langham Road, Exemption—The Texas Mexican City, MO 64105, and William A.
TX, in the vicinity of MP milepost Railway Company, wherein Tex Mex Mullins, 2401 Pennsylvania Ave., NW.,
456.7, (l) SP’s line between Langham has agreed to grant local and overhead Suite 300, Washington, DC 20037.
Road in the vicinity of MP milepost trackage rights to KCSR to permit KCSR Board decisions and notices are
456.7 and Tower 74 in the vicinity of available on our Web site at http://
MP milepost 458.8, and (m) MP’s line 1 See Union Pacific/Southern Pacific Merger, 1 www.stb.dot.gov.
between Tower 74 in the vicinity of MP S.T.B. 233 (1996), aff’d sub nom. Western Coal
milepost 458.8, and (i) the connection Traffic League v. STB, 169 F.3d 775 (D.C. Cir. 1999) 2 Under 49 CFR 1180.4(g), a railroad must file a
(UP–SP Merger); Union Pacific/Southern Pacific verified notice of the transaction with the Board at
with the Kansas City Southern Railway Merger, STB Finance Docket No. 32760 (Sub-No. least one week in advance of consummation, in
Company (KCS) at GLC Junction, TX, in 26) (Houston/Gulf Coast Oversight), 3 S.T.B. 1030 order to qualify for an exemption under 49 CFR
the vicinity of MP milepost 460.36 (KCS (1998). 1180.2(d).
19786 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices
Decided: April 7, 2006. the full abandonment or discontinuance to the Web site: http://
By the Board, David M. Konschnik, regulations at 49 CFR part 1152. www.improveirs.org.
Director, Office of Proceedings. Questions concerning environmental The agenda will include: Various IRS
Vernon A. Williams, issues may be directed to the Board’s issues.
Secretary. Section of Environmental Analysis at Dated: April 10, 2006.
[FR Doc. E6–5551 Filed 4–14–06; 8:45 am] (202) 565–1539. [Assistance for the John Fay,
BILLING CODE 4915–01–P hearing impaired is available through
Acting Director, Taxpayer Advocacy Panel.
the Federal Information Relay Service
(FIRS) at 1–800–877–8339.] [FR Doc. E6–5612 Filed 4–14–06; 8:45 am]
Board decisions and notices are BILLING CODE 4830–01–P
DEPARTMENT OF TRANSPORTATION
available on our Web site at ‘‘http://
Surface Transportation Board www.stb.dot.gov.’’
DEPARTMENT OF THE TREASURY
[STB Docket No. AB–290 (Sub-No. 269X)] Decided: April 7, 2006.
By the Board, David M. Konschnik, Internal Revenue Service
Norfolk Southern Railway Company— Director, Office of Proceedings.
Discontinuance of Service Vernon A. Williams, Open Meeting of the Area 1 Taxpayer
Exemption—in Norfolk, VA Advocacy Panel (Including the States
Secretary.
On March 28, 2006, Norfolk Southern of New York, Connecticut,
[FR Doc. E6–5492 Filed 4–14–06; 8:45 am]
Railway Company (NSR) filed with the Massachusetts, Rhode Island, New
BILLING CODE 4915–01–P
Board a petition under 49 U.S.C. 10502 Hampshire, Vermont and Maine)
for exemption from the provisions of 49 AGENCY: Internal Revenue Service (IRS),
U.S.C. 10903 to discontinue service over Treasury.
an approximately 1.63-mile line of DEPARTMENT OF THE TREASURY
ACTION: Notice.
railroad between milepost VB–0.12 near
Park Avenue and milepost VB–1.75 near Internal Revenue Service SUMMARY: An open meeting of the Area
Tidewater Junction in Norfolk, VA. The 1 Taxpayer Advocacy Panel will be
Open Meeting of the Area 3 Taxpayer
line traverses U.S. Postal Service Zip conducted at the Cranston Public
Advocacy Panel (Including the States
Codes 23502 and 23504, and serves the Library located at 140 Sockanosset Cross
of Florida, Georgia, Alabama,
station of Tidewater Junction in Norfolk. Road, Cranston, Rhode Island 02920–
The line does not contain federally Mississippi, Louisiana, Arkansas and
Puerto Rico) 5539. Taxpayer Advocacy Panel is
granted rights-of-way. Any soliciting public comments, ideas and
documentation in the possession of the AGENCY: Internal Revenue Service (IRS), suggestions on improving customer
railroad will be made available Treasury. service at the Internal Revenue Service.
promptly to those requesting it. ACTION: Notice. DATES: The meeting will be held
The interest of railroad employees
Thursday, May 11, 2006.
will be protected by the conditions set SUMMARY: An open meeting of the Area
forth in Oregon Short Line R. Co.- FOR FURTHER INFORMATION CONTACT:
3 Taxpayer Advocacy Panel will be
Abandonment-Goshen, 360 I.C.C. 91 Audrey Y. Jenkins at 1–888–912–1227
conducted in Atlanta, GA. The Taxpayer
(1979). (toll-free), or 718–488–2085 (non toll-
Advocacy Panel is soliciting public
By issuing this notice, the Board is free).
comments, ideas, and suggestions on
instituting an exemption proceeding improving customer service at the SUPPLEMENTARY INFORMATION: An open
pursuant to 49 U.S.C. 10502(b). A final Internal Revenue Service. meeting of the Area 1 Taxpayer
decision will be issued by July 14, 2006. Advocacy Panel will be held Thursday,
DATES: The meeting will be held
Any offer of financial assistance May 11, 2006 from 8:30 am e.t. to 5 p.m.
(OFA) under 49 CFR 1152.27(b)(2) will Thursday, May 11, Friday, May 12, and
Saturday, May 13, 2006. e.t. at the Cranston Public Library
be due no later than 10 days after located at 140 Sockanosset Cross Road,
service of a decision granting the FOR FURTHER INFORMATION CONTACT:
Cranston, Rhode Island 02920–5539.
petition for exemption. Each OFA must Sallie Chavez at 1–888–912–1227 (toll-
Individual comments will be limited to
be accompanied by a $1,300 filing fee. free), or 954–423–7979 (non toll-free).
5 minutes. If you would like to have the
See 49 CFR 1002.2(f)(25).1 SUPPLEMENTARY INFORMATION: Notice is TAP consider a written statement,
All filings in response to this notice hereby given pursuant to section please call 1–888–912–1227 or 718–
must refer to STB Docket No. AB–290 10(a)(2) of the Federal Advisory 488–2085, or write Audrey Y. Jenkins,
(Sub-No. 269X) and must be sent to: (1) Committee Act, 5 U.S.C. App. (1988) TAP Office, 10 MetroTech Center, 625
Surface Transportation Board, 1925 K that an open meeting of the Area 3 Fulton Street, Brooklyn, NY 11201. Due
Street, NW., Washington, DC 20423– Taxpayer Advocacy Panel will be held to limited time, notification of intent to
0001; and (2) James R. Paschall, Three Thursday, May 11, 2006, from 1 p.m. to participate in the meeting must be made
Commercial Place, Norfolk, VA 23510– 5 p.m., Friday, May 12, 2006, from 8 with Audrey Y. Jenkins. Ms. Jenkins can
2191. Replies to the petition are due on a.m. to 5 p.m. and Saturday, May 13, be reached at 1–888–912–1227 or 718–
or before May 8, 2006. 2006, from 8 a.m. to 12 p.m. e.t. in the 488–2085, or post comments to the Web
Persons seeking further information Marriot Midtown Suites, 35 14th Street, site: http://www.improveirs.org.
concerning discontinuance procedures Atlanta, GA 30309. For information or The agenda will include various IRS
may contact the Board’s Office of Public to confirm attendance, notification of
issues.
Services at (202) 565–1592 or refer to intent to attend the meeting must be
made with Sallie Chavez. Mrs. Chavez Dated: April 10, 2006.
1 Because this is a discontinuance proceeding and may be reached at 1–888–912–1227 or John Fay,
not an abandonment, trail use/rail banking and Acting Director, Taxpayer Advocacy Panel.
public use conditions are not appropriate. Likewise,
954–423–7979 or write Sallie Chavez,
no environmental or historic documentation is 1000 South Pine Island Rd., Suite 340, [FR Doc. E6–5613 Filed 4–14–06; 8:45 am]
required under 49 CFR 1105.6(c) and 1105.8. Plantation, FL 33324, or post comments BILLING CODE 4830–01–P

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19784 Federal Register / Vol. 71, No.

73 / Monday, April 17, 2006 / Notices

By the Board, David M. Konschnik, was scheduled to be consummated on

state that a copy of the executed agreement will be

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