[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73161-73162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29834]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 384 (Sub-No. 2X)]
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.
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\1\ On November 16, 2010, DSR supplemented its notice of
exemption.
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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.
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\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).
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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]
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