If you have any questions about the
abandonment page (I'd like to know who uses the page). 'REFRESH'
this page to be sure you have the latest version. Also remember that
often there are many
follow-ups to an initial abandonment notice so if you have any interest
in the proposed abandonments, use the Docket Numbers to keep up with
the proceedings on the Surface Transportation Board's webpage. If you're interested in
finding out how to purchase abandoned track or how to buy or bid on an
abandoned line for salvage, or for other purposes, go the the Surface
Transportation Board's Public Inquiry page here: http://www.stb.dot.gov/stb/public/inquiries_public.html
I am no expert on railroad abandonment procedures nor do I
know everything about the abandonment process or how to obtain the
rights of salvage or any more details of a particular abandonment
notice, other that what is on the Surface Transportation Board's site.
This is a hobby of mine since I like trains and railroad history, so
I've kept up with the abandonment notices on either the STB site or Federal Register.
This site is for information purposes only and I can't guarantee that
I'll find every single first-time notice that's published, but
I'll try. (KZ)
You may contact me using this CONTACT FORM -
Please
be sure to type your email
address correctly in the form, otherwise I can't respond. You will also
be asked to enter a sequence of letters and numbers to help me try
to avoid spammers. If this site doesn't work properly or you want to
email me directly, you can by manually typing - ken (@)
trainweather (.) com - - in your email address field (leaving out the ( ) and spaces). Thanks for
understanding. If you want to view more of my train pictures, click on:
PROPOSED RAILROAD ABANDONMENTS - 2009 Notices at link above - LATEST NOTICE BOTTOM OF
LIST
2010
(Page
updated Februray 26, 2011. I added all proposed abandonment reports
from the Federal Register since my last update onOctober 14, 2010, but
I have not yet summarized these into more readable forms, so what
you'll see past Oct 14 are the actual filings and they are not in
time-order yet either. I'll summarize these for this site later this
weekend.
I will try to update once a week or more. I do not guarantee
getting
every first-time abandonment notice, but I will try to. The latest
abandonment
proposal will be last on the list in most cases. The Docket numbers for
each listing are posted. Only NEW requests for abandonments will be
listed...no updates to previous filings. Also, it may be months or
years before track is actually taken up on some of these proposals -
these rulings only give the railroad the right to abandon..
The address of the Surface Transportation Board is: Office of the
Secretary, Case Control Unit, 1925 K Street, Washington DC 20423. The
STB phone number for abandonment procedures (Office of Public Services)
is: 202-565-1592. If you contact them, it would be handy to use the
Docket Numbers. Their Web address is: http://www.stb.dot.gov if
you'd like the complete listings.
These abandonment proposals have been printed in the Federal Register
OR have come directly from the Surface Transportation Board. They will
go in effect unless one of the following occurs: 1) an offer of
financial assistance is received; 2) a request for public use of the
land is received (for instance, rails-to-trails); 3) petitions to
reopen the case is filed. Railroads, before they can file these
"notices of exemption under CFR 1152 Subpart F," must certify that 1)
no local
traffic has moved over the line for at least 2 years; 2) any overhead
traffic
can be routed over other lines; 3) no formal complaint filed by a user
is pending and; 4) environmental reports, historic reports, transmittal
letter,
newspaper publication, and notice to governmental agencies have been
met.
LATEST NOTICE ON BOTTOM
OF DOCUMENT (Click 2009for 2009 notices)
MARYLAND - Norfolk Southern
Railway Company - To abandon its rail freight operating rights and
freight service operations over a 13.26-mile dead-end segment
(``Line'') of a line of railroad commonly known in recent years as the
Cockeysville Industrial Track (``CIT''). The Line is located between
railroad milepost UU-1.00 (located just north of Wyman Park Drive,
formerly Cedar Avenue) and the end of the CIT line south of the bridge
at railroad milepost UU-15.44 in the City of Baltimore and in Baltimore
County, MD. A final decision will be issued by April 5, 2010. (STB
Docket No. AB-290 (Sub-No. 311X, decided December 24, 2009, served
January 5, 2010)
INDIANA
- CSX Transportation, Inc - To discontinue service over a 62.3-mile
line of railroad on its Northern Region, Louisville Division, Hoosier
Subdivision, between milepost 00Q 251.7, near Bedford, and milepost 00Q
314.0, near New Albany, in Clark, Floyd, Lawrence, Orange, and
Washington Counties, IN.\1\ The line traverses United States Postal
Service Zip Codes 47150, 47172, 47106, 47143, 47165, 47167, 47108,
47452, 47446, and 47421, and includes the stations of Orleans, Leipsic,
Campbellsburg, Salem, Pekin, and Borden. A final decision will be
issued by April 7, 2010. (STB Docket No. AB-55 (Sub-No. 698X, decided
December 31, 2009, served January 7, 2010)
ILLINOIS
- Pioneer Industrial Railway Co - To discontinue service over 8.29
miles of rail line known as the Kellar Branch, between mileposts 1.71
and 10.0, owned by and located in the City of Peoria and the Village of
Peoria Heights, IL. CIRY seeks to discontinue service over a 5.72-mile
portion of the Kellar Branch, between mileposts 2.78 and 8.50.\2\ The
line traverses United States Postal Service Zip Codes 61603,
61604, 61614, 61615 and 61616, and includes the stations of Peoria
P&PU Switch, Averyville, Peoria Heights, Keller, and Pioneer Park.
A final decision is scheduled to be issued by April 16, 2010. (STB
Docket No. AB-1056X; STB Docket No. AB-1066 (Sub-No. 1X, decided
January 12, 2010, served January 15, 2010)
CALIFORNIA
- Almanor Railroad Company - To abandon a 12.3-mile line of railroad
between milepost 0.0 in Chester, and milepost 12.3 near Clear Creek, in
Plumas and Lassen Counties, CA. Effective on March 11, 2010. (STB
Docket No. AB-1052X, decided February 4, served February 9, 2010)
OHIO
- CSX Transportation, Inc, - To abandon approximately 4.15 miles of
rail line on its Northern Region, Chicago Division, Toledo Terminal
Subdivision, between Temperance (milepost CTT 5.0) and Vulcan (milepost
CTT 9.15), in Lucas County, OH. Effective on March 13, 2010. (STB
Docket No. AB-55 (Sub-No. 696X, decided February 5, served February 17,
2010)
IOWA - Union
Pacific Railroad Company - T abandon a portion of its line of railroad
known as the Bondurant Industrial Lead, extending from milepost 225.56
near Berwick to milepost 232.80 near Bondurant, a distance of 7.24
miles, in Polk County, IA. Effective on March 20, 2010, (STB Docket No.
AB-33 (Sub-No. 248X, decided February 12, served February 18, 2010)
IOWA
- Union Pacific Railroad Company - To abandon .20 miles of a line of
railroad on the Ankeny Industrial Lead from milepost 10.50 in Ankeny to
milepost 10.70 in Ankeny, in Polk County, IA. Effective on March 20,
2010, (STB Docket No. AB-33 (Sub-No. 279X, decided February 12, served
February 18, 2010)
ILLINOIS
- The City of Chicago, Illinois - Adverse abandonment of two railroad
lines in the City owned by the Chicago Terminal Railroad (CTR),
totaling 1.625 miles: (1) a portion of the Kingsbury Branch from its
southern terminus at the intersection of Kingsbury, Division, and
Halstead Streets, to, but not including, the point at which the Goose
Island Branch diverges from the Kingsbury Branch at or near Willow
Street, a distance of approximately 6 city blocks (.75 mile) (the
Kingsbury Segment); and (2) a portion of the Lakewood Avenue Line
between the southwest right-of-way line of Clybourn Avenue and the
Line's northern terminus at Diversey Parkway, a distance of
approximately 7 city blocks (.875 mile) (the Lakewood Segment). (STB
Docket No. AB-1036, decided February 17, served February 23, 2010)
INDIANA
- The Indiana Rail Road Company--Abandonment Exemption--in Martin and
Lawrence Counties, IN; CSX Transportation, Inc. - The Indiana Rail Road
Company, requesting permission to abandon a 21.15-mile line of railroad
extending from milepost 241.35 east of Crane, IN, to milepost 262.50 in
Bedford, IN (Crane-Bedford Line), and a track extending from the
Crane-Bedford Line at approximately milepost 262.40 and proceeding in
an open counter-clockwise loop for approximately 1.65 miles (Bedford
Industrial Track). (STB Docket No. AB-295 (Sub-No. 7X); STB Docket No.
AB-55 (Sub-No. 698X, decided February 18, served February 24, 2010)
OKLAHOMA
- Montoff Transportation Company, LLC - T acquire from BNSF Railway
Company (BNSF) its right to reactivate rail service on a 42.80-mile
rail-banked line (Line) between milepost 73.60 near Fairmont and
milepost 116.40 near Guthrie, in Garfield and Logan Counties, OK.
Montoff, ODOT, and BNSF have now reached an agreement that would return
the Line to active rail service. (STB Finance Docket No. 35354, decided
March 2, served March 5, 2010)
ILLINOIS - BNSF RAILWAY
- To discontinue overhead trackage rights over approximately 3 miles of
rail line owned by Peoria and Pekin Union Railway Company, between
Bridge Junction in Peoria and P&PU Junction in East Peoria, in
Peoria and Tazewell Counties, IL. (STB Docket No. AB-6 (Sub-No. 470X,
decided March 4, served March 8, 2010)
NEW YORK
- CSX Transportation, Inc. - To abandon a 0.24-mile rail line, known as
the Roe Feed Industrial Track, on its Northern Region, Albany Division,
St. Lawrence Subdivision, from milepost QMC 87.2 to the end of track at
milepost QMC 87.44, in Philadelphia, Jefferson County, NY. Effective on
April 7, 2010. (STB Docket No. AB-55 (Sub-No. 695X, decided March 1,
served March 8, 2010)
OHIO
- Norfolk Southern Railway Company - To discontinue service over 5.70
miles of railroad between milepost CT 2.10 and milepost CT 7.80, in
Hamilton County, OH. The line traverses United States Postal Service
Zip Codes 45209, 45212, 45227, and 45229, and includes the stations of
Hyde Park and Mariemont. A final decision will be issued by June 14,
2010. (STB Docket No. AB-290 (Sub-No. 321X, decided March 10, served
March 16, 2010)
MAINE - Montreal, Maine & Atlantic Railway, Ltd. - For permission to abandon the following lines of railroad:
(1) The Madawaska Subdivision, consisting of approximately 151 miles of
line between milepost 109 near Millinocket and milepost 260 near
Madawaska in Penobscot and Aroostook Counties. The Madawaska
Subdivision includes the stations of Grindstone, Stacyville, Serman,
Crystal, Belvedere, Island Falls, Dyer Brook, Oakfield, Smyrna Mills,
Weeksboro, Howe Brook, St. Croix, Masardis, Levesque, Squa Pan,
Ashland, Sheridan, Wrightville, Moody, Skerry, Portage, Nixon,
Winterville, Eagle Lake Wallagrass, Soldier Point, Fort Kent,
Frenchville, and Cleveland (NOTE-More stations listed on the Docket.
(STB Docket No. AB-1043 (Sub-No. 1, decided March 12, served March 17,
2010)
MISSOURI -
Missouri & Valley Park Railroad Corporation - To discontinue
service over 3.5 miles of rail lines owned by BNSF located on the south
side of BNSF's Cuba Subdivision between milepost 18.36 and milepost
20.50, near West Valley Park, St. Louis County, MO. A final decision
will be issued by June 21, 2010. (STB Docket No. AB-1057X, served March
23, 2010)
INDIANA -
Indiana Harbor Belt Railroad Company - To discontinue its local and
overhead trackage rights over approximately 1.78 miles of Elgin, Joliet
& Eastern Railway Company's (EJE) line of railroad extending
from milepost 47.88 at Hammond, to milepost 46.10 at Hammond (Hammond
Line), in Lake County, IN. (STB Docket No. AB-317 (Sub-No. 6X, decided
March 25, served March 30,2010)
CALIFORNIA
- BNSF Railway Company - To discontinue trackage rights over
approximately 2.04 miles of rail line owned by the Alameda Beltline
Railroad (ABL), running between milepost 0.00 and 2.04, in Alameda County, CA. (STB Docket No. AB-6 (Sub-No. 471X, decided March 29, served April 1, 2010)
LOUISIANA
- The Kansas City Southern Railway Company - To abandon a 1.63-mile
line of railroad extending from milepost D-202.70 to milepost D-204.33,
in East Feliciana Parish, LA. effective on or after May 5, 2010. (STB
Docket No. AB-103 (Sub-No. 22X, decided March 29, served April 5,2010)
CALIFORNIA
- Union Pacific Railroad Company - To abandon a 1.15-mile line of
railroad, on the Brea Chemical Industrial Lead, from milepost 507.5 to
milepost 508.65 near the City of Brea, in Orange County, CA. effective
on or after May 21, 2010. (STB Docket No. AB-33 (Sub-No. 281X, decided
April 15, served April 21, 2010)
MICHIGAN
- Escanaba & Lake Superior Railroad Company - To abandon
approximately 42.93 miles of rail line in Ontonagon and Houghton
Counties, Mich., extending between milepost 408.02 at Ontonagon
and milepost 365.09 at Sidnaw. The line traverses United States Postal
Service Zip Codes 49948, 49953, and 49961, and includes the stations of
Ontonagon at milepost 408.0, Mass at milepost 388.8, Rockland at
milepost 396.1, Rosseau at milepost 383.2, Pori at milepost 381.2 and
Frost at milepost 373.1. A final decision will be issued on or before
July 28, 2010. (Docket No. AB 415 (Sub-No. 2X, decided April 20, served
April 27, 2010)
INDIANA
- CSX Transportation, Inc - to abandon a 0.82-mile line of railroad in
its Northern Region, Great Lakes Division, Indianapolis Terminal
Subdivision, between milepost QSZ 3.60 and milepost QSZ 4.42, known as
the Speedway Running Track, in Indianapolis, Marion County, Ind. A
final decision will be issued by August 13, 2010. (Docket No. AB 55
(Sub-No. 702X, decided May 7, served May 14, 2010)
INDIANA
- CSX Transportation, Inc. - to abandon a 3.71-mile rail line on its
Southern Region, Nashville Division, CE&D Subdivision, between
milepost QST 1.42 (Park Street) and milepost QST 5.13 (Spring Hill), in
Terre Haute (City), Vigo County (County), Ind.\1\ The line contains the
International Paper Lead and portions of the Graham Grain Lead and the
1st Street Lead. A final decision will be issued on or before August
18, 2010. (Docket No. AB 55 (Sub-No. 701X, decided May 14, served May
20, 2010)
INDIANA
- Elgin, Joliet & Eastern Railway Company - tT abandon its line of
railroad between milepost 46.10 and milepost 48.28, a distance of 2.18
miles, in Hammond, Lake County, Ind. Effective on July 8, 2010.
(Docket No. AB 117 (Sub-No. 7X, decided June 2, served June 8, 2010)
WASHINGTON
- Union Pacific Railroad Company - To abandon a 1.45-mile line of
railroad, on the Yakima Industrial Lead, from milepost 57.30 to
milepost 58.75 near Grandview, in Yakima County, Wash. Effective on or
after July 22, 2010. (Docket No. AB 33 (Sub-No. 285X, decided June 17,
served June 22, 2010)
WASHINGTON
- Union Pacific Railroad Company - To abandon a 0.8-mile line of
railroad, on the Yakima Industrial Lead, from milepost 62.75 to
milepost 63.55 near Midvale, in Yakima County, Wash. Effective on or
after July 22, 2010. (Docket No. AB 33 (Sub-No. 286X, decided June 17,
served June 22, 2010)
CALIFORNIA
- Union Pacific Railroad Company - To abandon a 0.57-mile line of
railroad, on the South San Francisco Industrial Lead, from milepost
12.29 to milepost 12.86 in South San Francisco, in San Mateo County,
Cal. Effective on or after July 23, 2010. (Docket No. AB 33 (Sub-No.
287X, decided June 18, served June 23, 2010)
ILLINOIS
- Union Pacific Railroad Company - To abandon a 3.17-mile line of
railroad known as the St. Charles Industrial Lead, extending from
milepost 35.13 to the end of the line at milepost 38.30, near St.
Charles, in Kane County, Ill. A final decision will be issued on or
before September 22, 2010. (Docket No. AB 33 (Sub-No. 284X, decided
June 18, served June 24, 2010)
MICHIGAN
- Grand Trunk Western Railroad Company - To abandon its line of
railroad between milepost 0.00 and milepost 0.42, a distance of 0.42
miles, in Richmond, Macomb County, Mich. Effective on August 13, 2010.
(Docket No. AB 31 (Sub-No. 42X, decided July 8, served July 14, 2010)
WASHINGTON
- Central Washington Railroad Company - To discontinue trackage rights
over 2.25 miles of rail lines owned by Union Pacific Railroad Company
(UP), consisting of 1.45 miles between UP milepost 57.3 and UP milepost
58.75 in Grandview, Wash., and 0.8 miles between UP milepost 62.75 and
UP milepost 63.55 at Midvale, Wash.Effective on August 18, 2010.
(Docket No. AB 1061X, decided July 14, served July 19, 2010)
INDIANA
- Fulton County, LLC - To abandon its line of railroad between milepost
96.9, a point 200 feet north of East 18th Street, and milepost 95.6,
the end of track at the northwest property line of Wabash Road, a
distance of 1.3 miles, in Rochester, Fulton County, Ind. Efective on
August 21, 2010, (Docket No. AB 1064X, decided July 16, served July 22,
2010)
INDIANA - Centtral
Railroad Company of Indianapolis - To abandon 2.84 miles of rail line
on CERA's Tipton Industrial Lead between milepost 55.66 and milepost
58.5, in Howard County, Ind. Effective on August 21, 2010. (Docket No.
AB 511 (Sub-No. 5X, decided July 16, served July 22, 2010)
MASSACHUSETTS
- Boston & Maine Corporation - To abandon a 9.74-mile portion
of a line of railroad known as the Saugus Branch, extending from
milepost 2.69 to milepost 12.43, in Saugus, Essex, Middlesex, and
Suffolk Counties, Mass. Effective on August 21, 2010. (Docket No. AB 32
(Sub-No. 71X, decided July 16, served July 22,2010)
MICHIGAN
- Michigan Air-Line Railway Co. - To abandon approximately 2.37 miles
of its line of railroad extending westerly from Engineer's Profile
Station 2250+20 at the west line of Arrowhead Road to Engineer's
Profile Station 2389+72 at the west line of Haggerty Road, in West
Bloomfield Township, Oakland County, Mich. (Docket No. AB 1053X,
decided July 20, served July 28, 2010) . INDIANA
- The Indiana Rail Road Company - To abandon a 4.37-mile portion of its
Kindill Lead extending from milepost 3.1 to milepost 7.47, in Sullivan
County, Ind. Effective on September 8, 2010. (Docket No. AB 295
(Sub-No. 8X, decided August 4, served August 9, 2010)
PENNSYLVANIA
- East Penn Railroad, LLC - To abandon a 2.14-mile line of railroad
between milepost 0.0 in the Borough of Bridgeport, and milepost 2.14 at
Henderson Road in Upper Merion Township, in Montgomery County, Pa.
Effective on October 6, 2010. (Docket No. AB 1020 (Sub-No. 1X, decided
August 30, served September 3, 2010)
KENTUCKY
- CSX Transportation, Inc. - To abandon a 2.95-mile of railroad on its
Southern Region, Huntington Division West, CV Subdivision, extending
from milepost 0CF 208.71 to milepost 0CF 211.66, known as the
Horse Creek Branch, in Manchester, Clay County, KY. The following
stations are located on the line: (1) Claymont, milepost 0CF208; (2)
Greenleaf, milepost 0CF210; (3) Red Bird, milepost 0CF203; (4) Orford,
milepost 0CF214; (5) Sibert, milepost 0CF216; (6) North Ridge, milepost
0CF212; and (7) Becky Ann2, milepost 0CF217. Effective on October 5,
2010, (Docket No. AB 55 (Sub-No. 704X, decided August 27, served
September 3, 2010).
MINNESOTA
- Otter Tail Valley Railroad Company, Inc. - To abandon a 0.822-mile
line of railroad between milepost 48.422 near Fergus Falls, and
milepost 47.60 near Hoot Lake, in Otter Tail County, Minn. Effective on
November 10, 2010. (Docket No. AB 330 (Sub-No. 4X, decided October 5,
served October 8, 2010)
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Otter Tail Valley Railroad Company, Inc.-Abandonment Exemption-- in Otter Tail County, MN
Otter Tail Valley Railroad Company, Inc. (OTVR) filed a verified notice of exemption under 49 CFR part 1152
[[Page 62446]]
subpart F--Exempt Abandonments to abandon a 0.822-mile line of railroad between milepost 48.422 near Fergus Falls, and milepost 47.60 near Hoot Lake, in Otter Tail County, Minn.\1\ The line traverses United States Postal Service Zip Code 56537. ---------------------------------------------------------------------------
\1\ OTVR states that once abandonment authority has been approved, Otter Tail Power Corporation, one of its largest shippers, has expressed an interest in purchasing a portion of the right-of- way. ---------------------------------------------------------------------------
OTVR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 10, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 18, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 28, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to OTVR's representative: Melanie B. Yasbin, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. OTVR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 15, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), OTVR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by OTVR's filing of a notice of consummation by October 8, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: October 5, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-25386 Filed 10-7-10; 8:45 am] BILLING CODE 4915-01-P
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Eastern Berks Gateway Railroad Company--Modified Rail Certificate--in Berks County, PA
On September 13, 2010, Eastern Berks Gateway Railroad Company (EBGR), a noncarrier, filed a notice for a modified certificate of convenience and necessity under 49 CFR pt. 1150 subpart C--Modified Certificate of Public Convenience and Necessity to lease and operate an approximately 8.6-mile line of railroad between milepost 0.0 at Pottstown and milepost 8.6 at Boyertown in Berks County, Pa. (Colebrookdale Line). The Colebrookdale Line was authorized for abandonment by the Board in East Penn Railroad--Abandonment Exemption--In Berks and Montgomery Counties, Pa., Docket No. AB 1020X (STB served Nov. 18, 2008). Although authorized for abandonment, the line was subsequently acquired by Berks County, Pa. (the County), pursuant to 49 CFR 1150.22.\1\ ---------------------------------------------------------------------------
\1\ The County originally filed an offer of financial assistance (OFA) to acquire the Colebrookdale Line. The Board subsequently set the terms and conditions for the acquisition via OFA. See E. Penn R.R.--Abandon. Exemption--In Berks and Montgomery Counties, Pa., Docket No. AB 1020X (STB served Jan. 28, 2009). However, the County acquired the Colebrookdale Line under 49 CFR 1150.22 rather than under the OFA process. See E. Penn R.R.--Abandon. Exemption--In Berks and Montgomery Counties, Pa., AB 1020X (STB served Apr. 9, 2009). ---------------------------------------------------------------------------
Pursuant to a Lease and Operating Agreement, EBGR, as lessee, and the County, as owner, have agreed that EBGR will commence freight rail operation on or about September 15, 2010, for a term of 5 years, which may be extended up to 1 additional 5-year term. Under the Lease and Operating Agreement, the County is responsible for restoring the Colebrookdale Line to Federal Railroad Administration Class 2 condition prior to EBGR's commencement of operations, and will retain responsibility for the cost of certain bridge and grade crossing rehabilitation. As operator of the Colebrookdale Line, EBGR will provide rail freight service to the only interline connection, Norfolk Southern Railway Company, at milepost 0.0, at Pottstown. EBGR intends to provide rail service twice weekly or on an as-needed basis. This transaction is related to the verified notice of exemption filed in US Rail Partners, Ltd. and Blackwell Northern Gateway Railroad--Continuance in Control Exemption--Eastern Berks Gateway Railroad, Docket No. FD 35384 (STB served July 15, 2010), wherein US Rail Partners, Ltd. (USRP), and Blackwell Northern Gateway Railroad Company (BNGR) seeks to continue in control of EBGR, upon EBGR becoming a Class III rail carrier. The rail segment qualifies for a modified certificate of public convenience and necessity. See Common Carrier Status of States, State Agencies and Instrumentalities and Political Subdivisions, Docket No. FD 28990F (ICC served July 16, 1981). EBGR states that no subsidy is involved and that there are no preconditions for shippers to meet in order to receive rail service. EBGR also states that the Lease and Operating Agreement requires it to obtain liability insurance coverage. This notice will be served on the Association of American Railroads (Car Service Division) as agent for all railroads subscribing to the car-service and car-hire agreement at 425 Third Street, SW., Suite 1000, Washington, DC 20024; and on the American Short Line and Regional Railroad Association at 50 F Street, NW., Suite 7020, Washington, DC 20001. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
[[Page 62921]]
Decided: October 6, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-25704 Filed 10-12-10; 8:45 am] BILLING CODE 4915-01-P
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[Docket No. AB 290 (Sub-No. 322X); Docket No. AB 414 (Sub-No. 5X)]
Norfolk Southern Railway Company--Abandonment Exemption--in Polk County, IA; Iowa Interstate Railroad--Discontinuance of Service Exemption--in Polk County, IA
Norfolk Southern Railway Company (NSR) and Iowa Interstate Railroad (IAIS) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and Discontinuances of Service for NSR to abandon, and for IAIS to discontinue service over, a 1.70-mile line of railroad between milepost DU 353.00 and milepost DU 354.70, in Grimes, Polk County, Iowa.\1\ The line traverses United States Postal Service Zip Code 50111. ---------------------------------------------------------------------------
\1\ In 1995, IAIS was authorized to lease and operate 13.9 miles of rail line owned by Norfolk and Western Railway Company (NSR's predecessor), including the segment at issue here. Iowa Interstate R.R.--Lease and Operation Exemption--Norfolk and W. Ry., FD 32731 (ICC served Oct. 13, 1995). ---------------------------------------------------------------------------
Applicants have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad & The Union Pacific Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on November 18, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 29, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 8, 2010, with: Surface Transportation Board, 395 E
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Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the abandonment exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to applicants' representatives: (1) Daniel G. Kruger, Attorney, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510; and (2) Lanny M. Van Daele, Corporate Counsel, Iowa Interstate Railroad, Ltd., 5900 6th Street, SW., Cedar Rapids, IA 52404. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a joint combined environmental and historic report, which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 22, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR's filing of a notice of consummation by October 19, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: October 12, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-26234 Filed 10-18-10; 8:45 am] BILLING CODE 4915-01-P
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CSX Transportation, Inc.--Abandonment Exemption--in Chesterfield and Darlington Counties, SC
On October 1, 2010, CSX Transportation, Inc. (CSXT), filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 2.71-mile line of railroad on its Southern Region, Florence Division, Hamlet Subdivision, between milepost SJ 304.75, at Tabernacle Road, and milepost SJ 307.46, at Bobo Newsome Highway, in Chesterfield and Darlington Counties, S.C. (the line). The line traverses United States Postal Service Zip Codes 29101 and 29550 and includes stations at Darlco, FSAC 71202366, OPSL 2638, milepost SJ 306, and Robinson, FSAC 71202370, OPSL 2640, milepost SJ 307. In addition to an exemption from the prior approval requirements of 49 U.S.C. 10903, CSXT seeks an exemption from 49 U.S.C. 10904 (offer of financial assistance procedures). In support, CSXT states that, following abandonment of the line, CSXT intends to reclassify the line as spur track and sell or lease it to Progress Energy Carolinas, Inc. (PEC), the sole shipper on the line, which will then use the line for expanded intra-plant operations. This request will be addressed in the final decision. In order to facilitate the reclassification of the line as spur track and the subsequent sale or lease of the line to PEC, CSXT has requested that the Board condition the abandonment upon CSXT and PEC entering an agreement providing for the sale or lease of the line from CSXT to PEC within 30 days after CSXT has consummated the abandonment and reclassified the line as spur track. This request will also be addressed in the final decision. The line does not contain federally granted rights-of-way. Any documentation in CSXT's possession concerning this matter will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 19, 2011. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than November 10, 2010. Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 55 (Sub-No. 703X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Replies to CSXT's petition are due on or before November 10, 2010. Persons seeking further information concerning abandonment procedures
[[Page 65049]]
may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
Decided: October 18, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-26544 Filed 10-20-10; 8:45 am] BILLING CODE 4915-01-P
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Union Pacific Railroad Company--Abandonment Exemption--in Pulaski County, AR
Union Pacific Railroad Company (UP) filed a verified notice of exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to abandon a 4.04-mile portion of its Camp Robinson Spur extending from milepost 345.64 to the end of the line at milepost 349.68, in Pulaski County, Ark.\1\ The line traverses United States Postal Service Zip Code 72118. ---------------------------------------------------------------------------
\1\ On October 7, 2010, UP supplemented its notice of exemption. ---------------------------------------------------------------------------
UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within
[[Page 65048]]
the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 20, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 1, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 10, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 N. Wacker Drive, 1920, Chicago, IL 60606-1718. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 26, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by October 21, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: October 18, 2010.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-26543 Filed 10-20-10; 8:45 am] BILLING CODE 4915-01-P
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Union Pacific Railroad Company--Abandonment Exemption--in Pulaski County, AR
Union Pacific Railroad Company (UP) filed a verified notice of exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to abandon a line of railroad known as the North Little Rock Junction Bridge Line, extending from milepost 343.65 to the end of the line at milepost 343.97, a distance of .32 miles, in North Little Rock, in Pulaski County, Ark. The line traverses United States Postal Service Zip Code 72118. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 20, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\1\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 1, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 10, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 26, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by October 21, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: October 12, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-26239 Filed 10-20-10; 8:45 am] BILLING CODE 4915-01-P
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Georges Creek Railway, LLC--Operation Exemption--in Allegany County, MD
Georges Creek Railway, LLC (Georges Creek), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate an 8.54- mile line of railroad between milepost BAI 27.0 near Morrison and milepost BAI 18.46 at the end of the track near Carlos, in Allegany County, Md., (the Line).\1\ ---------------------------------------------------------------------------
\1\ The Board authorized abandonment of the Line in CSX Transportation, Inc.--Abandonment Exemption--in Allegany County, Md., No. AB 55 (Sub-No. 659X) (STB served Aug. 25, 2005). By decision served December 14, 2005, WMS, LLC (WMS) was authorized to acquire the Line pursuant to the Board's offer of financial assistance (OFA) provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, and by decision served August 18, 2006, James Riffin was substituted as the acquiring entity in lieu of WMS. ---------------------------------------------------------------------------
This transaction is related to two simultaneously filed notices of exemption: (1) Docket No. FD 35438, Eighteen Thirty Group, LLC-- Acquisition Exemption--in Allegany County, Md., in which Eighteen Thirty Group, LLC (Eighteen Thirty), seeks an exemption under 49 CFR 1150.31 to acquire the Line pursuant to its agreement with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of James Riffin; and (2) Docket No. FD 35436, Duncan Smith and Gerald Altizer-- Continuance in Control Exemption--Eighteen Thirty Group, LLC and Georges Creek Railway, LLC, in which Duncan Smith and Gerald Altizer, the owners of Eighteen Thirty and Georges Creek, seek an exemption to continue in control of Eighteen Thirty and Georges Creek upon their becoming Class III rail carriers. This transaction is also related to a petition simultaneously filed by Eighteen Thirty in Docket No. AB 55 (Sub-No. 659X), CSX Transportation, Inc.--Abandonment Exemption--in Allegany County, Md., seeking an exemption under 49 U.S.C. 10502 from the OFA requirements of 49 U.S.C. 10904(f)(4)(A). The latter provision forbids an entity that has acquired a rail line under the OFA process from transferring that line to any entity other than the abandoning rail carrier from which it was originally purchased prior to the end of the fifth year after consummation of the sale.\2\ ---------------------------------------------------------------------------
\2\ Eighteen Thirty has attached a letter from CSXT stating that it issued the deed for the sale of the Line on July 10, 2006, but that it will not exercise its statutory right to reacquire the Line and that it waives its rights under the statute. ---------------------------------------------------------------------------
Georges Creek states that it intends to consummate this transaction once the bankruptcy court approves Eighteen Thirty's purchase agreement, but no sooner than November 18, 2010, the effective date of the exemption (30 days after this exemption was filed).\3\ ---------------------------------------------------------------------------
\3\ Georges Creek states that approval by the bankruptcy court of Eighteen Thirty's purchase agreement could take up to 60 days. ---------------------------------------------------------------------------
Georges Creek certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million annually. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than November 10, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to FD 35437, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: November 1, 2010.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-27996 Filed 11-4-10; 8:45 am] BILLING CODE 4915-01-P
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Wisconsin Central Ltd.--Abandonment Exemption--in Brown County, WI
Wisconsin Central Ltd. (WCL) filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 1.92-mile railroad line starting at milepost 3.88, in the Village of Howard, Wis., and ending at milepost 5.8, on the Oneida Tribe of Indians of Wisconsin Reservation, in Brown County, Wis.\1\ The line traverses United States Postal Service Zip Code 54307. ---------------------------------------------------------------------------
\1\ WCL states that the line appears to contain a Federally granted right-of-way. ---------------------------------------------------------------------------
WCL has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on December 10, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 22, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 30, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to WCL's representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 N. Wacker Drive, Suite 920, Chicago, IL 60606-2832. If the verified notice contains false or misleading information, the exemption is void ab initio. WCL has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 15, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), WCL shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by WCL's filing of a notice of consummation by November 10, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: November 4, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
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Indiana Southwestern Railway Co.--Abandonment Exemption--in Posey and Vanderburgh Counties, IN
Indiana Southwestern Railway Co. (ISW) filed a verified notice of exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to abandon 17.2 miles of interconnecting rail lines extending between (1) milepost 227.5 at Poseyville, Ind., and milepost 240.2 near German Township, Ind. (approximately 12.7 miles); and (2) milepost 277.5 at Cynthiana, Ind., and milepost 282.0 at Poseyville, Ind. (approximately 4.5 miles). The line traverses United States Postal Service Zip Codes 47612, 47620, 47633, 47708, 47720, and 47725. ISW has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on December 14, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\1\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 22, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 2, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to ISW's representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave., NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. ISW has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 19, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), ISW shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by ISW's filing of a notice of consummation by November 12, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our website at http:// www.stb.dot.gov.
Decided: November 4, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-28359 Filed 11-10-10; 8:45 am] BILLING CODE 4915-01-P
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Norfolk Southern Railway Company--Abandonment Exemption--in Crawford County, GA; Georgia Midland Railroad, Inc.\1\--Discontinuance of Service Exemption--in Crawford County, GA ---------------------------------------------------------------------------
\1\ Based on information in a letter from one of NSR's attorneys, this is the correct name of the discontinuing railroad-- not Georgia Midland Railroad Company, as indicated in the notice. ---------------------------------------------------------------------------
Norfolk Southern Railway Company (NSR) and Georgia Midland Railroad, Inc. (GMR) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and Discontinuances of Service and Trackage Rights for NSR to abandon, and for GMR to discontinue service over, a 5.06-mile portion of rail line (the Perry line), between milepost FV 90.44 and milepost FV 95.50, in Roberta, Crawford County, Ga.\2\ The line traverses United States Postal Service Zip Code 31078. ---------------------------------------------------------------------------
\2\ In Georgia Midland Railroad, Inc.--Acquisition and Operation Exemption--Ogeechee Railway Company, FD 34466 (STB served Mar. 12, 2004), GMR was authorized to sublease and operate the Perry line as well as two other lines (the Metter line and the Sylvania line) in Georgia. This proceeding only involves a portion of the Perry line. ---------------------------------------------------------------------------
Applicants have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on December 23, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\3\ formal expressions of intent to file an OFA under 49 CFR Sec. 1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 3, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 13, 2010, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\3\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the abandonment exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \4\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to applicants' representatives: (1) Daniel G. Kruger, Three Commercial Place, Norfolk, VA 23510, and (2) Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a joint combined environmental and historic report, which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 26, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR's filing of a notice of consummation by November 23, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: November 16, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-29365 Filed 11-22-10; 8:45 am] BILLING CODE 4915-01-P
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Missouri Central Railroad Company--Abandonment and Discontinuance of Service Exemption--in Cass County, MO.; Central Midland Railway Company--Discontinuance of Service and Operating Rights Exemption--in Cass County, MO.
Missouri Central Railroad Company (MCRR) and Central Midland Railway Company (CMR) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and Discontinuances of Service for MCRR to abandon and discontinue, and for CMR to discontinue, service over approximately 5.6 miles of rail line extending between milepost 257.283 (near Wingate) and milepost 262.906 (near Pleasant Hill) in Cass County, Mo. Specifically, MCRR proposes to: (1) Abandon the line extending between milepost 257.283 and milepost 262.906; and (2) discontinue service over a portion of the line extending between milepost 262.8 and milepost 262.906, the portion not covered by CMR leased operating rights. CMR proposes to discontinue service and operating rights on the portion of the line extending between milepost 257.283 and milepost 262.8.\1\ The line traverses United States Postal Service Zip Code 64080. ---------------------------------------------------------------------------
\1\ In 2004, CMR received an exemption to lease and operate a 243.8-mile line of railroad that includes this portion of line. See Cent. Midland Ry.--Lease and Operation Exemption--Missouri Cent. Ry., FD 34363 (STB served Feb.11, 2004). ---------------------------------------------------------------------------
Applicants have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFE 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. Sec. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on December 28, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 6, 2010. Petitions to
[[Page 72862]]
reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 16, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 C.F.R. Sec. 1002.2 (f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to applicants' representatives: For MCRR, Sandra L. Brown, Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036; for CMR, Lon Van Gemert, Chief Executive Officer, Central Midland Railway, c/o Progressive Rail Incorporated, 21778 Highview Avenue, Lakeville, MN 55044. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuances on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 3, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), MCRR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by MCRR's filing of a notice of consummation by November 26, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ``http://www.stb.dot.gov.''
Decided: November 19, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-29712 Filed 11-24-10; 8:45 am] BILLING CODE 4915-01-P
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Delta Southern Railroad, Inc.--Abandonment Exemption--In East Carroll Parish, LA
Delta Southern Railroad, Inc. (DSR) filed a verified notice of exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to abandon 8 miles of rail line extending from milepost 463.0, near Shelburn, to milepost 471.0, which is approximately a mile south of Lake Providence, in East Carroll Parish, La.\1\ The line traverses United States Postal Service Zip Code 71254. ---------------------------------------------------------------------------
\1\ On November 16, 2010, DSR supplemented its notice of exemption. ---------------------------------------------------------------------------
DSR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or
[[Page 73162]]
with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on December 29, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 9, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 20, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to DSR's representative: Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112. If the verified notice contains false or misleading information, the exemption is void ab initio. DSR has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 3, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), DSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by DSR's filing of a notice of consummation by November 29, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: November 22, 2010.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-29834 Filed 11-26-10; 8:45 am] BILLING CODE 4915-01-P
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Mohall Central Railroad, Inc.--Abandonment Exemption--in Cavalier County, ND
Mohall Central Railroad, Inc. (MCR) filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 5.4-mile line of railroad extending between milepost 67.5 near Calvin, N.D., and milepost 72.9 at Sarles, N.D.\1\ The line traverses United States Postal Service Zip Codes 58323 and 58372. ---------------------------------------------------------------------------
\1\ In Northern Plains Railroad--Operation Exemption--Rail Line of Mohall Central Railroad, FD 34780 (STB served Dec. 29. 2005), Northern Plains Railroad, Inc. (NPR) was authorized to operate a 69.15-mile line of railroad that includes this portion of the rail line. Applicant states that because NPR never instituted service on the line, MCR does not need NPR to obtain discontinuance authority before MCR seeks abandonment authority here. See Mohall Cent. R.R.-- Aban. Exemption--in Nelson, Ramsey, and Cavalier Counties, ND, AB 1003X, slip op. at 1 n.1 (STB served Oct. 29, 2007). MCR has certified to the Board that it has notified NPR of its plans to abandon the 5.4-mile portion of the line and has served a copy of its notice on NPR. ---------------------------------------------------------------------------
MCR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 15, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December
[[Page 79087]]
27, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 5, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to MCR's representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 N. Wacker Dr., Suite 920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. MCR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 21, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), MCR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by MCR's filing of a notice of consummation by December 16, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: December 13, 2010.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-31728 Filed 12-16-10; 8:45 am] BILLING CODE 4915-01-P
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Delta Southern Railroad, Inc.--Abandonment Exemption--in Desha and Chicot Counties, Ark.
On December 6, 2010, Delta Southern Railroad, Inc. (DSR), filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 24.1-mile rail line between milepost 408.9 at or near McGehee and milepost 433.0 at or near Lake Village, in Desha and Chicot Counties, Ark. The line traverses United States Postal Service Zip Codes 71638, 71653, and 71654. There are no rail stations on the line. The line does not contain federally granted rights-of-way. Any documentation in DSR's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by March 25, 2011. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than January 12, 2011. Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 384 (Sub-No. 3X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604- 1194. Replies to DSR's petition are due on or before January 12, 2011. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: December 20, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-32281 Filed 12-22-10; 8:45 am] BILLING CODE 4915-01-P
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City of Maplewood, MN.--Acquisition Exemption--Right To Restore Rail Service Over a Railbanked Right-of-Way in Ramsey County, MN.
The City of Maplewood, Minn. (the City), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from BNSF Railway Company (BNSF) the right to restore rail service over a rail banked right-of-way, a distance of .67 miles, extending from milepost 7.19 to milepost 6.52 (the line),\1\ in Ramsey County, Minn. ---------------------------------------------------------------------------
\1\ The line is between milepost 7.19, a point approximately 100 feet north of Interstate Highway I-694 in White Bear Township, and milepost 6.52, a point approximately 50 feet north of Beam Avenue in the City. ---------------------------------------------------------------------------
In the notice of exemption in BNSF Railway Company--Abandonment Exemption--in Ramsay County, Minn., AB 6 (Sub.-No. 429X) (STB served Aug. 10, 2005), BNSF was authorized to abandon the line. Subsequent to that notice, BNSF and the City reached an agreement for rail banking the line. The agreement included a provision that, in exchange for payment of value, BNSF would convey to the City BNSF's right to restore service over the line's right-of-way. Subsequently, in a quitclaim deed dated September 26, 2005, BNSF conveyed the line to the City along with BNSF's right to restore service over the right-of-way. The City explains that it did not know, at the time, that Board authorization was necessary for the City to acquire the right to restore rail service. The City now, after the fact, invokes the Board's authorization for that acquisition through a notice of exemption. The City states that it or an operator contracted by the City would operate over the line if service is restored. In King County, Wash.--Acquisition Exemption--BNSF Railway Company, FD 35148, slip op. at 3-4 (STB served Sept. 18, 2009) (King County), the Board granted an individual exemption authorizing the conveyance of the right to restore rail service on a line to a county, explaining that the right to reactivate a rail banked line is not an exclusive right and would not preclude any other service provider from seeking Board authorization to restore rail service over the rail banked line if the county did not do so. In King County, slip op. at 4 n.5, both the county acquiring the right and the rail carrier selling that right ``made clear that [the rail carrier did] not wish to retain any rights related to the segments.'' Likewise, here the notice indicates that BNSF did not wish to retain rights related to the line because, by quitclaim deed, BNSF conveyed to the City both the right-of-way itself and the right to restore service over the right-of-way. The transaction is expected to be consummated on or after January 8, 2010 (30 days after the exemption was filed). The City certifies that its projected annual revenues from the acquisition involved in this proceeding do not exceed those that would qualify it as a Class III carrier. If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than December 30, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35450, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: December 20, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010-32297 Filed 12-23-10; 8:45 am] BILLING CODE 4915-01-P
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SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the requirements of 49 U.S.C. 10904(f)(4)(A) to permit Eighteen Thirty Group, LLC (Eighteen Thirty) to go forward with its plan to acquire and restore to service an 8.54-mile line of railroad between milepost BAI 27.0 near Morrison and milepost BAI 18.46 at the end of the track near Carlos, in Allegany County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line as a result of the bankruptcy of James Riffin through an agreement with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of James Riffin. Because the line previously was acquired from CSX Transportation, Inc. (CSXT) pursuant to the Board's offer of financial assistance provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, section 10904(f)(4)(A) otherwise would prohibit the transfer of the Line to any entity other than CSXT until July 10, 2011.
DATES: The Board's decision granting this exemption will be effective on December 30, 2010. Petitions to reopen must be filed by January 18, 2011.
ADDRESSES: An original and 10 copies of all pleadings, referring to AB 55 (Sub-No.659X), must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on petitioner's representative: John D. Heffner, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
FOR FURTHER INFORMTION CONTACT: Joseph H. Dettmar, (202) 245-0395. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision. Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: December 29, 2010.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Nottingham. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010-33191 Filed 1-3-11; 8:45 am] BILLING CODE 4915-01-P
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Union Pacific Railroad Company--Abandonment Exemption--In Wright County, IA
Union Pacific Railroad Company (UP) filed a verified notice of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a line of railroad known as Kanawha Industrial Lead, extending from milepost -0.55 to milepost -0.1, a distance of .45 miles, near Belmond, in Wright County, Iowa. The line traverses United States Postal Service Zip Code 50421. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 8, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\1\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 18, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 27, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., 101 North Wacker Drive, 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by January 14, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface
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Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by January 7, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: January 3, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011-126 Filed 1-6-11; 8:45 am] BILLING CODE 4915-01-P
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BNSF Railway Company--Abandonment Exemption--in Rolette and Towner Counties, ND
BNSF Railway Company (BNSF), filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F--Exempt Abandonments to abandon 17.75 miles of rail line between milepost 30.00, north of Bisbee and milepost 47.75 at Rolla, in Rolette and Towner Counties, N.D.\1\ The line traverses United States Postal Service Zip Codes 58317, 58363, and 58367. ---------------------------------------------------------------------------
\1\ On December 23, 2010, the Rollo Job Development Authority (RJDA) filed a letter in opposition. While the Board will not delay service and publication of this notice based on that letter alone, RJDA has a number of post-publication/service options available to it, as set forth in this notice, should it choose to pursue the matter further. ---------------------------------------------------------------------------
BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; \2\ (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local
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government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. ---------------------------------------------------------------------------
\2\ BNSF states that the line was embargoed on March 29, 2007 due to soft track conditions and sub-grade issues and the subsequent destruction by fire of two bridges. ---------------------------------------------------------------------------
As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 11, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\3\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 24, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 1, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\3\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \4\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to BNSF's representative: Karl Morell, 1455 F St., NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by January 14, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1 800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF's filing of a notice of consummation by January 12, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV.''
Decided: January 10, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011-632 Filed 1-12-11; 8:45 am] BILLING CODE 4915-01-P
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Western Kentucky Railway, LLC--Abandonment Exemption--in Webster, Union, Caldwell and Crittenden Counties, KY
Western Kentucky Railway, LLC (WKRL) filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon all 5 of its remaining lines of railroad in Webster, Union, Caldwell, and Crittenden Counties, KY.\1\ The lines are described as follows: (1) Between milepost 48.0 at Dekoven and milepost 62.5 at Blackford; (2) between milepost 0.0 at Blackford and milepost 3.8 at Pyro Wye and between milepost 3.8 and milepost 8.5 at Clay; (3) between milepost 0.0 at Costain Prep Plant and milepost 9.5 at Providence; (4) the Wheatcroft loop track, which connects line 2 and line 3 described above, between milepost 0.8 +/- on line 3 and running north towards milepost 5.6 +/- and milepost 6.0 +/- on line 2; and (5) between milepost 0.0 at Costain Prep Plant and milepost 5.5 at Caney Creek. The line traverses United States Postal Service Zip Codes 42404, 42450, 42459, and 42604. ---------------------------------------------------------------------------
\1\ WKRL originally filed its notice of exemption on December 29, 2010. However, on January 7, 2011, WKRL supplemented its notice to include a description of the Wheatcroft loop track, which was omitted in its original filing. Accordingly, January 7, 2011, is the official filing date. ---------------------------------------------------------------------------
WKRL has certified that: (1) No local traffic has moved over the lines for at least 2 years; (2) there is no overhead traffic on the subject lines because the subject lines are not ``through lines''; (3) no formal complaint filed by a user of rail service on the lines (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the lines either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Where, as here, the carrier is abandoning its entire line, the Board does not normally impose labor protection under 49 U.S.C. 10502(g), unless the evidence indicates the existence of: (1) A corporate affiliate that will continue substantially similar rail operations; or (2) a corporate parent that will realize substantial financial benefits over and above relief from the burden of deficit operations by its subsidiary railroad. See Honey Creek R.R.-Aban. Exemption.-in Henry County, Ind., AB 865X (STB served Aug. 20, 2004); Wellsville, Addison & Galeton R.R.-Aban., 354 I.C.C. 744 (1978); and Northampton and Bath R.R.-Aban., 354 I.C.C. 784 (1978). Because HCR does not appear to have a corporate affiliate or parent that will continue similar operations or that could benefit from the proposed abandonment, employee protection conditions will not be imposed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 26, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 31, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 9, 2011, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to WKRL's representative: Eric M. Hocky, Thorp Reed & Armstrong, LLP, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. If the verified notice contains false or misleading information, the exemption is void ab initio. WKRL has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by February 1, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), WKRL shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by WKRL's filing of a notice of consummation by January 20, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: January 13, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011-1184 Filed 1-19-11; 8:45 am] BILLING CODE 4915-01-P
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[Docket No. FD 35463; Docket No. AB 1043 (Sub-No. 1)]
Montreal, Maine & Atlantic Railway, Ltd.--Modified Rail Certificate--in Aroostook and Penobscot Counties, Me.; Montreal, Maine & Atlantic Railway, Ltd.--Discontinuance of Service and Abandonment--in Aroostook and Penobscot Counties, ME.
Montreal, Maine & Atlantic Railway, Ltd. (MMA) has requested a modified certificate of public convenience and necessity, pursuant to 49 CFR part 1150 subpart C--Modified Certificate of Public Convenience and Necessity. MMA wants to operate, on an interim basis, approximately 233 miles of rail line in Aroostook and Penobscot Counties, Me. This line was the subject of the abandonment application granted by the Board in Montreal, Maine & Atlantic Railway, Ltd.--Discontinuance of Service and Abandonment--in Aroostook and Penobscot Counties, Me., AB 1043 (Sub-No. 1) (STB served Dec. 27, 2010).\1\ ---------------------------------------------------------------------------
\1\ Specifically, the application, as amended, identified the line to be abandoned as comprising: (1) The Madawaska Subdivision, consisting of approximately 151 miles of line between milepost 109 near Millinocket and milepost 260 near Madawaska in Penobscot and Aroostook Counties; (2) the Presque Isle Subdivision, consisting of approximately 25.3 miles of line between milepost 0.0 near Squa Pan and milepost 25.3 near Presque Isle in Aroostook County; (3) the Fort Fairfield Subdivision, consisting of approximately 10 miles of line between milepost 0.0 near Presque Isle and milepost 10.0 near Easton in Aroostook County; (4) the Limestone Subdivision, consisting of approximately 29.85 miles of line between milepost 0.0 near Presque Isle and milepost 29.85 near Limestone in Aroostook County and; (5) the Houlton Subdivision, running between milepost 0.0 near Oakfield and milepost 17.27 near Houlton in Aroostook County, and including the B Spur. ---------------------------------------------------------------------------
The State of Maine, by and through its Department of Transportation (State), actively sought to preserve service on the line. To that end, the State, with Board help, reached an agreement to purchase the line from MMA. Should the Board grant MMA abandonment authority, the State proposed to acquire the line pursuant to the class exemption found in Common Carrier Status of States, State Agencies and Instrumentalities, and Political Subdivisions, 363 I.C.C. 132 (1980) (Common Carrier), aff'd sub nom. Simmons v. ICC, 697 F.2d 326 (DC Cir. 1982) and codified at 49 CFR 1150.22. The State also proposed to find a new operator. MMA agreed to the State's proposal, agreed to provide interim service until the new operator can begin
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operations, and requested that the Board issue a modified certificate in regards to the interim service. In its December 27, 2010 decision granting MMA's application to abandon the line, the Board found that MMA already met a number of criteria necessary for the issuance of a modified certificate. Specifically, the Board found that the parties had provided: (1) The name and address of the operator, MMA; (2) the information on the abandonment giving rise to the acquisition by the State; (3) the proposed operation by MMA, and (4) a statement by MMA that it will receive no subsidies in connection with its operations, and that there will be no preconditions that shippers must meet to receive service. The Board granted the certificate to provide interim service in the December 27, 2010 decision, but it required that MMA submit into the record the parties' Interim Service Agreement and information on MMA's liability insurance coverage. Once this information has been filed and the State has acquired the line, the Board stated that the modified certificate would become effective and appropriate notice pursuant to 49 CFR 1150.23 would be published in the Federal Register. On January 18, 2011, MMA filed the requisite data and averred that it conveyed the line to the State on January 14, 2011. MMA's modified certificate has become effective, and it may provide interim service under the certificate. This notice will be served on the Association of American Railroads (Car Service Division) as agent for all railroads subscribing to the car-service and car-hire agreement at 425 Third Street, SW., Suite 1000, Washington, DC 20024; and on the American Short Line and Regional Railroad Association at 50 F Street, NW., Suite 7020, Washington, DC 20001. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: January 24, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011-2004 Filed 1-31-11; 8:45 am] BILLING CODE 4915-01-P
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Michigan Air-Line Railway Co.--Abandonment Exemption--in Oakland County, MI
On January 28, 2011, Michigan Air-Line Railway Co. (MAL Railway) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon an approximately 5.45-mile rail line between milepost 45.26 (Engineer's Profile Station 2389+72), at the west line of Haggerty Road, and milepost 50.65 (Engineer's Profile Station 2677+67), at the intersection with the right-of-way of a CSX Transportation, Inc. rail line, in the City of Wixom, in Oakland County, Mich. The Line traverses U.S. Postal Service Zip Codes 48390 and 48393. The line does not contain federally granted rights-of-way. Any documentation in MAL Railway's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by May 18, 2011. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public
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use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than March 9, 2011. Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 1053 (Sub-No. 1X), and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) W. Robert Alderson, 2101 S.W. 21st Street, Topeka, KS 66604. Replies to MAL Railway's petition are due on or before March 9, 2011. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR pt. 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. An Environmental Assessment (EA) (or Environmental Impact Statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: February 11, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011-3597 Filed 2-16-11; 8:45 am] BILLING CODE 4915-01-P
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BNSF Railway Company--Abandonment Exemption--in Stearns County, MN
On January 31, 2011, BNSF Railway Company (BNSF) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 7.05- mile line of railroad located between milepost 9.16 at Rockville and milepost 16.21 at Cold Spring, in Stearns County, Minn.\1\ The line traverses United States Postal Service Zip Codes 56369 and 56320, and includes the station of Cold Spring. ---------------------------------------------------------------------------
\1\ BNSF states that the cities of Rockville, Cold Spring, and Richmond have formed ROCORI Trail, a trail association, and they wish to railbank and purchase the line to develop a trail to connect with other trail networks in the area. ---------------------------------------------------------------------------
The line does not contain Federally granted rights-of-way. Any documentation in BNSF's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by May 20, 2011.\2\ ---------------------------------------------------------------------------
\2\ In its Environmental Report filed with the Board on January 7, 2011, BNSF notes that the line is under lease to Northern Lines Railroad, which BNSF states will also be filing for discontinuance of service over the line. ---------------------------------------------------------------------------
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than March 10, 2011. Each trail request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 6 (Sub-No. 472X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Kristy D. Clark, General Attorney, BNSF Railway Company, 2500 Lou Menk Drive, AOB-3, Fort Worth, TX 76131-2828. Replies to the petition are due on or before March 10, 2011. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: February 14, 2011.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011-3661 Filed 2-17-11; 8:45 am] BILLING CODE 4915-01-P
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[Federal Register: February 18, 2011 (Volume 76, Number 34)] [Notices] [Page 9634-9635] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18fe11-110]
Union Pacific Railroad Company--Abandonment Exemption--in Lafayette County, MO
Union Pacific Railroad Company (UP) filed a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon 2.91 miles of a line of railroad known as the Lexington Industrial Lead extending from milepost 246.49 near Myrick to milepost 243.58 near Lexington, in Lafayette County, Mo. The line traverses United States Postal Service Zip Code 64067. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the
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requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line-- Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on March 22, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\1\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 28, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by March 10, 2011,\3\ with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. ---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). \3\ UP states that the right-of-way proposed for abandonment is mainly reversionary property. UP does not believe that the property is suitable for public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission, as this area is adequately served by existing roads and utility lines at the present time. UP notes that the real property which makes up the right-of-way may be well suited for conservation uses. ---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by February 25, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by February 18, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:/ /www.stb.dot.gov.
Decided: February 14, 2011.
By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011-3662 Filed 2-17-11; 8:45 am] BILLING CODE 4915-01-P