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Federal Register / Vol. 71, No.

246 / Friday, December 22, 2006 / Notices 77095

Petitions to reopen must be filed by Grande Railroad Company, Inc. By the Board, David M. Konschnik,
January 11, 2007. Otherwise, IPH does not directly or Director, Office of Proceedings.
ADDRESSES: An original and 10 copies of indirectly own any other railroad Vernon A. Williams,
all pleadings referring to STB Finance properties subject to Board jurisdiction. Secretary.
Docket No. 34942 must be filed with the The transaction is scheduled to be [FR Doc. E6–21900 Filed 12–21–06; 8:45 am]
Surface Transportation Board, 1925 K consummated on or after December 21, BILLING CODE 4915–01–P
Street, NW., Washington, DC 20423– 2006.
0001. In addition, one copy of all
pleadings must be served on petitioner’s This transaction is related to the DEPARTMENT OF TRANSPORTATION
representative: Edward J. Krug, 401 First concurrently filed verified notice of
Street SE, Suite 330, P.O. Box 186, exemption in STB Finance Docket No. Surface Transportation Board
Cedar Rapids, IA 52406–0186. 34968, Chicago Terminal Railroad— [STB Docket No. AB–192 (Sub-No. 2X)]
FOR FURTHER INFORMATION CONTACT: Acquisition and Operation Exemption—
Joseph H. Dettmar, (202) 565–1600. Soo Line Railroad Company d/b/a Birmingham Southern Railroad
[Assistance for the hearing impaired is Canadian Pacific Railway, wherein Company—Abandonment Exemption—
available through the Federal noncarrier CTR seeks to purchase and in Jefferson County, AL
Information Relay Service (FIRS) at 1– operate a 4.5-mile line of railroad in
Chicago, Cook County, IL, known as the Birmingham Southern Railroad
800–877–8339.] Company (BSRC) has filed a verified
SUPPLEMENTARY INFORMATION: C&E Line currently owned by the Soo
notice of exemption under 49 CFR 1152
Additional information is contained in Line Railroad Company d/b/a Canadian
Subpart F—Exempt Abandonments to
the Board’s decision. To purchase a Pacific Railway.
abandon a 0.18-mile line of railroad
copy of the full decision, write to, e- Applicant states that: (1) The railroads known as the Old Port Branch,
mail, or call: ASAP Document do not connect with each other or any extending from Survey Station
Solutions, 9332 Annapolis Rd., Suite railroad in their corporate family; (2) the 936+04.07 of Turnout P–63 A, over
103, Lanham, MD 20706; e-mail: continuance in control is not part of a Trestle 17.9, to a connection with Ergon
asapdc@verizon.net; telephone: (202) series of anticipated transactions that Terminaling, Inc.’s (Ergon) rail line at
306–4004. [Assistance for the hearing would connect the railroads with each Survey Station 945+52.55 in Jefferson
impaired is available through FIRS at 1– other or any railroad in their corporate County, AL. The line traverses United
800–877–8339.] family; and (3) the transaction does not States Postal Service Zip Code 35118.1
Board decisions and notices are involve a Class I carrier. Therefore, the BSRC has certified that: (1) No local
available on our Web site at http:// traffic has moved over the line for at
transaction is exempt from the prior
www.stb.dot.gov. least 2 years; (2) there is no overhead
approval requirements of 49 U.S.C.
Decided: December 15, 2006. 11323. See 49 CFR 1180.2(d)(2). traffic on the line; (3) no formal
By the Board, Chairman Nottingham, Vice complaint filed by a user of rail service
Under 49 U.S.C. 10502(g), the Board
Chairman Mulvey, and Commissioner on the line (or by a State or local
Buttrey. may not use its exemption authority to
government entity acting on behalf of
relieve a rail carrier of its statutory
Vernon A. Williams, such user) regarding cessation of service
obligation to protect the interest of its over the line either is pending with the
Secretary.
employees. Section 11326(c), however, Surface Transportation Board or with
[FR Doc. E6–21948 Filed 12–21–06; 8:45 am]
does not provide for labor protection for any U.S. District Court or has been
BILLING CODE 4915–01–P
transactions under section 11324 and decided in favor of complainant within
11325 that involve only Class III rail the 2-year period; and (4) the
DEPARTMENT OF TRANSPORTATION carriers. Accordingly, the Board may not requirements at 49 CFR 1105.7
impose labor protective conditions here, (environmental reports), 49 CFR 1105.8
Surface Transportation Board because all of the carriers involved are (historic reports), 49 CFR 1105.11
Class III carriers. (transmittal letter), 49 CFR 1105.12
[STB Finance Docket No. 34967]
If the verified notice contains false or (newspaper publication), and 49 CFR
Iowa Pacific Holdings, LLC and misleading information, the exemption 1152.50(d)(1) (notice to governmental
Permian Basin Railways, Inc.— is void ab initio. Petitions to revoke the agencies) have been met.
Continuance in Control Exemption— exemption under 49 U.S.C. 10502(d) As a condition to this exemption, any
Chicago Terminal Railroad may be filed at any time. The filing of employee adversely affected by the
a petition to revoke will not abandonment shall be protected under
Iowa Pacific Holdings, LLC (IPH) and Oregon Short Line R. Co.—
its subsidiary Permian Basin Railways, automatically stay the transaction.
Abandonment—Goshen, 360 I.C.C. 91
Inc. (Permian), both noncarriers, have An original and 10 copies of all (1979). To address whether this
filed a verified notice of exemption to pleadings, referring to STB Finance condition adequately protects affected
continue in control of Chicago Terminal Docket No. 34967, must be filed with employees, a petition for partial
Railroad (CTR), upon CTR’s becoming a the Surface Transportation Board, 1925 revocation under 49 U.S.C. 10502(d)
Class III rail carrier. K Street, NW., Washington, DC 20423– must be filed. Provided no formal
IPH owns 100 percent of the common 0001. In addition, one copy of each expression of intent to file an offer of
stock of Permian. IPH presently controls pleading must be served on John D.
four other Class III short line railroads Heffner, 1920 N Street, NW., Suite 800, 1 BSRC intends to convey to Ergon its interest in
through Permian: the West Texas and Washington, DC 20036. the line, including Trestle 17.9 and all the rails and
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Lubbock Railway Company, Inc., the ties associated therewith, for a distance of 423.59
Austin & Northwestern Railroad Board decisions and notices are feet extending from Survey Station 936+04.07,
Company, Inc., d/b/a Texas New Mexico available on our Web site at http:// which will provide Ergon with the potential for a
www.stb.dot.gov. future rail connection should the need arise. If the
Railroad, the Arizona Eastern Railway trestle is not conveyed to Ergon, it will be conveyed
Company, Inc., and the San Luis & Rio Decided: December 14, 2006. to the State of Alabama or dismantled.

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77096 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices

financial assistance (OFA) has been barriers to consummation, the authority calculating actual charge amounts at
received, this exemption will be to abandon will automatically expire. individual VA facilities based on these
effective on January 23, 2007, unless Board decisions and notices are methodologies will be posted on the
stayed pending reconsideration. available on our Web site at http:// Internet site of the Veterans Health
Petitions to stay that do not involve www.stb.dot.gov. Administration Chief Business Office,
environmental issues,2 formal Decided: December 14, 2006. currently at http://www.va.gov/cbo,
expressions of intent to file an OFA By the Board, David M. Konschnik, under ‘‘Charge Data.’’ Some of these
under 49 CFR 1152.27(c)(2),3 and trail Director, Office of Proceedings. charges are hereby updated as described
use/rail banking requests under 49 CFR Vernon A. Williams, in the SUPPLEMENTARY INFORMATION
1152.29 must be filed by January 2, Secretary. section of this notice. These changes are
2007. Petitions to reopen or requests for [FR Doc. E6–21763 Filed 12–21–06; 8:45 am] effective January 1, 2007.
public use conditions under 49 CFR BILLING CODE 4915–01–P
When charges for medical care or
1152.28 must be filed by January 11, services provided or furnished at VA
2007, with the Surface Transportation expense by either VA or non-VA
Board, 1925 K Street, NW., Washington, providers have not been established
DEPARTMENT OF VETERANS
DC 20423–0001. under other provisions of the
A copy of any petition filed with the AFFAIRS
regulations, the method for determining
Board should be sent to BSRC’s Reasonable Charges for Medical Care VA’s charges is set forth at 38 CFR
representative: Michael M. Partain, Esq., or Services; 2007 Calendar Year 17.101(a)(8).
United States Steel Corporation, 6200 E. Update FOR FURTHER INFORMATION CONTACT:
J. Oliver Boulevard, Suite 192, Fairfield, Romona Greene, Chief Business Office
AL 35064. AGENCY: Department of Veterans Affairs.
(168), Veterans Health Administration,
If the verified notice contains false or ACTION: Notice. Department of Veterans Affairs, 810
misleading information, the exemption
SUMMARY: Section 17.101 of Title 38 of Vermont Avenue, NW., Washington, DC
is void ab initio.
the Code of Federal Regulations sets 20420, (202) 254–0361. (This is not a
BSRC has filed environmental and
forth the Department of Veterans Affairs toll free number.)
historic reports which address the
effects, if any, of the abandonment on (VA) medical regulations concerning SUPPLEMENTARY INFORMATION: Of the
the environment and historic resources. ‘‘reasonable charges’’ for medical care or charge types listed in the Summary
SEA will issue an environmental services provided or furnished by VA to section of this notice, acute inpatient
assessment (EA) by December 29, 2006. a veteran: facility charges and skilled nursing
Interested persons may obtain a copy of —For a nonservice-connected facility/sub-acute inpatient facility
the EA by writing to SEA (Room 500, disability for which the veteran is charges are not being changed. Acute
Surface Transportation Board, eligible for care (or the payment of inpatient facility charges remain the
Washington, DC 20423–0001) or by expenses of care) under a health plan same as set forth in a notice published
calling SEA, at (202) 565–1539. contract; in the Federal Register on September
[Assistance for the hearing impaired is —For a nonservice-connected 28, 2006 (71 FR 57028). Skilled nursing
available through the Federal disability incurred incident to the facility/sub-acute inpatient facility
Information Relay Service (FIRS) at 1– veteran’s employment and covered charges remain the same as set forth in
800–877–8339.] Comments on under a worker’s compensation law or a notice published in the Federal
environmental and historic preservation plan that provides reimbursement or Register on September 28, 2006 (71 FR
matters must be filed within 15 days indemnification for such care and 57028).
after the EA becomes available to the services; or Based on the methodologies set forth
public. —For a nonservice-connected in 38 CFR 17.101, this document
Environmental, historic preservation, disability incurred as a result of a motor provides an update to charges for 2007
public use, or trail use/rail banking vehicle accident in a State that requires HCPCS Level II and Current Procedural
conditions will be imposed, where automobile accident reparations Technology (CPT) codes. Charges are
appropriate, in a subsequent decision. insurance. also being updated based on more
Pursuant to the provisions of 49 CFR The regulations include recent versions of data sources for the
1152.29(e)(2), BSRC shall file a notice of methodologies for establishing billed following charge types: partial
consummation with the Board to signify amounts for the following types of hospitalization facility charges;
that it has exercised the authority charges: acute inpatient facility charges; outpatient facility charges; physician
granted and fully abandoned the line. If skilled nursing facility/sub-acute and other professional charges,
consummation has not been effected by inpatient facility charges; partial including professional charges for
BSRC’s filing of a notice of hospitalization facility charges; anesthesia services and dental services;
consummation by December 22, 2007, outpatient facility charges; physician pathology and laboratory charges;
and there are no legal or regulatory and other professional charges, observation care facility charges;
including professional charges for ambulance and other emergency
2 The Board will grant a stay if an informed anesthesia services and dental services; transportation charges; and charges for
decision on environmental issues (whether raised pathology and laboratory charges; durable medical equipment, drugs,
by a party or by the Board’s Section of observation care facility charges; injectables, and other medical services,
Environmental Analysis (SEA) in its independent ambulance and other emergency
investigation) cannot be made before the
items, and supplies identified by
exemption’s effective date. See Exemption of Out- transportation charges; and charges for HCPCS Level II codes. These updated
of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any durable medical equipment, drugs, charges are effective January 1, 2007.
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request for a stay should be filed as soon as possible injectables, and other medical services, In this update, we are retaining the
so that the Board may take appropriate action before items, and supplies identified by table designations used in the notice
the exemption’s effective date.
3 Each OFA must be accompanied by the filing Healthcare Common Procedure Coding posted on the Internet site of the
fee, which currently is set at $1,300. See 49 CFR System (HCPCS) Level II codes. The Veterans Health Administration Chief
1002.2(f)(25). regulations also provide that data for Business Office currently at http://

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