42718 Federal Register / Vol. 71, No.

144 / Thursday, July 27, 2006 / Notices

2. TPSSC Background DEPARTMENT OF TRANSPORTATION The transaction was scheduled to be

The TPSSC is a statutorily mandated consummated on or after March 3, 2006
Surface Transportation Board (7 days after the amended notice of
advisory committee that advises
PHMSA on proposed safety standards exemption was filed).
[STB Finance Docket No. 34813]
for gas pipelines. The TPSSC was This is a transaction within a
established under section 10(a)(2) of the New York New Jersey Rail LLC and corporate family of the type specifically
Federal Advisory Committee Act (Pub. New York Cross Harbor Railroad exempted from prior review and
L. 92–463, 5 U.S.C. App. 1). The Terminal Corp.—Corporate Family approval under 49 CFR 1180.2(d)(3).
committee consists of 15 members—five Transaction Exemption According to the parties, the transaction
each representing government, industry, will not result in adverse changes in
and the public. The TPSSC is tasked New York New Jersey Rail LLC service levels, significant operational
with determining reasonableness, cost- (NYNJR) and New York Cross Harbor changes, or changes in the competitive
effectiveness, and practicability of Railroad Terminal Corp. (NYCH) balance with carriers outside the
regulatory initiatives. (collectively, petitioners) have filed a corporate family. Petitioners state that
Federal law requires PHMSA to verified notice of exemption under 49 the proposed corporate changes will be
submit cost-benefit analyses and risk CFR 1180.2(d)(3) for a transaction limited to entities controlled by Mr.
assessment information on each within a corporate family.1 Under the Reger.5 Petitioners also state that the
proposed safety standard to the advisory proposed transaction, NYCH will proposed transfer of NYCH’s rights and
committees. The TPSSC evaluates the transfer its operating rights and common obligations to NYNJR will facilitate
merits of the data and, when carrier obligations to NYNJR. NYNJR better access to equity and debt capital
appropriate, provides recommendations will assume all of NYCH’s rights and which will enable the improvement of
on the adequacy of the cost-benefit obligations to provide rail service as a the Greenville, NJ, and Brooklyn, NY
analyses. common carrier. rail yards and the condition of NYCH’s
NYCH, a Class III short line railroad, equipment, create a safer working
3. Background on the Proposed Rule owns, leases and operates railroad environment for railroad employees,
On December 15, 2005, PHMSA tracks and facilities at Greenville, NJ,2 and increase the railroad’s ability to
published a notice of proposed Jersey City, NJ, and Brooklyn, NY, and serve the freight transportation needs of
rulemaking (NPRM) in the Federal operates between these points by means the public in the New York, New Jersey,
Register (70 FR 74262) on the control of of a car float across New York Harbor. New England, and Mid Atlantic
internal corrosion when designing and NYNJR is a newly formed limited markets.
constructing new and replaced gas liability company established and Under 49 U.S.C. 10502(g), the Board
transmission pipelines. PHMSA’s owned by Mid Atlantic New England may not use its exemption authority to
pipeline safety regulations now require Rail, LLC (MANER),3 an entity owned relieve a rail carrier of its statutory
operators to have operation and and controlled by Gordon Reger (Mr. obligation to protect the interests of its
maintenance practices to control Reger), a noncarrier individual. Entities employees. Section 11326(c), however,
internal corrosion. The NPRM proposed controlled by Mr. Reger own a majority does not provide for labor protection for
to require operators to address the risk of NYCH’s outstanding stock and, by transactions under sections 11324 and
of internal corrosion at a much earlier reason of that ownership, indirectly 11325 that involve only Class III rail
stage; namely when designing and control NYCH. Mr. Reger currently carriers. Accordingly, the Board may not
constructing new and replaced gas controls one other short line railroad, impose labor protective conditions here,
transmission pipelines. New Amsterdam & Seneca Railroad because all of the carriers involved are
PHMSA presented the NPRM to the Company, LLC.4 Class III carriers.
TPSSC at a meeting on June 28, 2006. If the amended verified notice
1 Petitioners originally filed their notice of
Members expressed concern about the contains false or misleading
exemption on December 22, 2005. By decision
enforceability of the NPRM and the served on January 10, 2006, the Board, at the information, the exemption is void ab
extent of its recordkeeping request of petitioners, held the proceeding in initio. Petitions to revoke the exemption
requirements. The TPSSC requested abeyance until further notice to allow Consolidated under 49 U.S.C. 10502(d) may be filed
postponement of consideration of the Rail Corporation (Conrail) to discuss its concerns
with petitioners regarding the effect of the proposed
at any time. The filing of a petition to
NPRM and additional information transaction on NYCH’s contractual obligations to revoke will not automatically stay the
before a vote on it. The TPSSC will be Conrail. After reaching an agreement with Conrail, transaction.
voting on the reasonableness, cost- petitioners filed an amended notice on February 24, An original and 10 copies of all
effectiveness, and practicability of the 2006. Subsequently, the New York City Economic
Development Corp. (NYCEDC), acting in its pleadings, referring to STB Finance
NPRM at the meeting scheduled in this capabity as contractor to the City of New York (the Docket No. 34813, must be filed with
notice. PHMSA will provide additional City), filed a motion to request that the Board hold the Surface Transportation Board, 1925
information to the members prior to the the proceeding in abeyance until the City had K Street, NW., Washington, DC 20423–
meeting. confirmation from petitioners that the City’s rights,
pursuant to a permit dated September 1, 1984, 0001. In addition, a copy of each
PHMSA will issue a final rule based would not be compromised, altered or otherwise pleading must be served on John D.
on the proposed rule, the comments modified by the proposed transaction. On July 11, Heffner, Esq., John D. Heffner, PLLC,
received from the public, and the vote 2006, NYCEDC withdrew its request to hold the 1920 N Street, NW., Suite 800,
and comments of the advisory proceeding in abeyance. By letter filed on July 12,
2006, petitioners indicated that their exemption Washington, DC 20036.
committee. request is now unopposed and requet that the Board
Authority: 49 U.S.C. 60102, 60115. proceed with notice of the proposed transaction. Company, LLC, STB Finance Docket No. 34825
2 NYCH leases Conrail’s Greenville Yard,
(STB served Feb. 23, 2006).
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Issued in Washington, DC on July 21, 2006. pursuant to an agreement dated December 15, 2002. 5 NYCH states that it will not transfer to NYNJR
Stacey L. Gerard, 3 MANER established NYNJR to facililtate the
its Greenville Yard lease until it obtains Conrail’s
Associate Administrator for Pipeline Safety. acquisition of and/or investment in short line and consent. Furthermore, NYCH’s ability to transfer its
regional railroad companies, such as NYNJR. assets to NYNJR is subject to the terms of its 2002
[FR Doc. E6–12034 Filed 7–26–06; 8:45 am] 4 See Gordon Reger—Continuance in Control Greenville Yard lease with Conrail and its
BILLING CODE 4910–60–P Exemption—New Amsterdam & Seneca Railroad settlement agreement with Conrail.

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 Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices 42719

Board decisions and notices are due no later than August 16, 2006. Each comment on the proposed extension,
available on our Web site at http:// trail use request must be accompanied without change, of the Currency
www.stb.dot.gov. by a $200 filing fee. See 49 CFR Transaction Report (CTR), FinCEN Form
Decided: July 21, 2006. 1002.2(f)(27). 104. This request for comments is being
By the Board, David M. Konschnik,
All filings in response to this notice made pursuant to the Paperwork
Director, Office of Proceedings. must refer to STB Docket No. AB–55 Reduction Act of 1995, Public Law 104–
Vernon A. Williams,
(Sub-No. 670X), and must be sent to: (1) 13, 44 U.S.C. 3506(c)(2)(A).
Surface Transportation Board, 1925 K DATES:Written comments are welcome
Secretary.
Street, NW., Washington, DC 20423– and must be received on or before
[FR Doc. E6–12041 Filed 7–26–06; 8:45 am] 0001, and (2) Steven C. Armbrust, 500
BILLING CODE 4915–01–P
September 25, 2006.
Water Street-J150, Jacksonville, FL
32202. Replies to CSXT’s petition are ADDRESSES: Written comments should
due on or before August 16, 2006. be submitted to: Office of Chief Counsel,
DEPARTMENT OF TRANSPORTATION Financial Crimes Enforcement Network,
Persons seeking further information
concerning abandonment procedures Department of the Treasury, P.O. Box
Surface Transportation Board 39, Vienna, VA 22183, Attention: PRA
may contact the Board’s Office of Public
[STB Docket No. AB–55 (Sub–No. 670X)] Services at (202) 565–1592 or refer to Comments—CTR Form. Comments also
the full abandonment or discontinuance may be submitted by electronic mail to
CSX Transportation, Inc.— regulations at 49 CFR part 1152. the following Internet address:
Abandonment Exemption—in Questions concerning environmental [email protected], again with a
Middlesex County, MA issues may be directed to the Board’s caption, in the body of the text,
Section of Environmental Analysis ‘‘Attention: PRA Comments—CTR
On July 7, 2006, CSX Transportation,
(SEA) at (202) 565–1539. [Assistance for Form.’’
Inc. (CSXT) filed with the Surface
Transportation Board a petition under the hearing impaired is available Inspection of comments. Comments
49 U.S.C. 10502 for exemption from the through the Federal Information Relay may be inspected, between 10 a.m. and
provisions of 49 U.S.C. 10903 to Service (FIRS) at 1–800–877–8339.] 4 p.m., in the FinCEN reading room in
abandon a 2.39-mile line between An environmental assessment (EA) (or Washington, DC. Persons wishing to
milepost QBX 0.15 and the end of the environmental impact statement (EIS), if inspect the comments submitted must
line at milepost QBX 2.54, in the necessary) prepared by SEA will be request an appointment by telephoning
Northern Region, Albany Division, served upon all parties of record and (202) 354–6400 (not a toll-free number).
Boston Subdivision, in Middlesex upon any agencies or other persons who FOR FURTHER INFORMATION CONTACT:
County, MA. The line, known as the commented during its preparation. Financial Crimes Enforcement Network,
Saxonville Industrial Track, traverses Other interested persons may contact Regulatory Policy and Programs
United States Postal Service Zip Codes SEA to obtain a copy of the EA (or EIS). Division, at (800) 949–2732.
55230, 55229, and 55228 and includes EAs in these abandonment proceedings
normally will be made available within SUPPLEMENTARY INFORMATION:
no stations.
CSXT states that, based on 60 days of the filing of the petition. The Title: Currency Transaction Report
information in its possession, the line deadline for submission of comments on (CTR).
does not contain federally granted the EA will generally be within 30 days OMB Number: 1506–0004.
rights-of-way. Any documentation in of its service. Form Number: FinCEN Form 104.
CSXT’s possession will be made Board decisions and notices are Abstract: The statute generally
available promptly to those requesting available on our Web site at http:// referred to as the ‘‘Bank Secrecy Act,’’
it. www.stb.dot.gov. Titles I and II of Public Law 91–508, as
The interest of railroad employees Decided: July 18, 2006. amended, codified at 12 U.S.C. 1829b,
will be protected by the conditions set By the Board, David M. Konschnik, 12 U.S.C. 1951–1959, and 31 U.S.C.
forth in Oregon Short Line R. Co.— Director, Office of Proceedings. 5311–5332, authorizes the Secretary of
Abandonment—Goshen, 360 I.C.C. 91 Vernon A. Williams, the Treasury, inter alia, to require
(1979). Secretary. financial institutions to keep records
By issuance of this notice, the Board [FR Doc. E6–11800 Filed 7–26–06; 8:45 am] and file reports that are determined to
is instituting an exemption proceeding have a high degree of usefulness in
BILLING CODE 4915–01–P
pursuant to 49 U.S.C. 10502(b). A final criminal, tax, and regulatory
decision will be issued by October 25, investigations or proceedings, or in the
2006. conduct of intelligence or counter-
Any offer of financial assistance DEPARTMENT OF THE TREASURY intelligence activities, to protect against
(OFA) under 49 CFR 1152.27(b)(2) will international terrorism, and to
Financial Crimes Enforcement
be due no later than 10 days after implement counter-money laundering
Network; Proposed Collection;
service of a decision granting the programs and compliance procedures.1
Comment Request; Currency
petition for exemption. Each offer must Regulations implementing Title II of the
Transaction Report
be accompanied by a $1,300 filing fee. Bank Secrecy Act appear at 31 CFR Part
See 49 CFR 1002.2(f)(25). AGENCY: Financial Crimes Enforcement 103. The authority of the Secretary to
All interested persons should be Network, Department of the Treasury. administer the Bank Secrecy Act has
aware that, following abandonment of ACTION: Notice and request for
rail service and salvage of the line, the comments.
rwilkins on PROD1PC63 with NOTICES

1 Language expanding the scope of the Bank

line may be suitable for other public Secrecy Act to intelligence or counter-intelligence
use, including interim trail use. Any SUMMARY: As part of its continuing effort activities to protect against international terrorism
was added by Section 358 of the Uniting and
request for a public use condition under to reduce paperwork and respondent Strengthening America by Providing Appropriate
49 CFR 1152.28 or for trail use/rail burden, the Financial Crimes Tools Required to Intercept and Obstruct Terrorism
banking under 49 CFR 1152.29 will be Enforcement Network (FinCEN) invites (USA PATRIOT) Act of 2001, Pub. L. 107–56.

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