Denver Regional Transportation District-Abandonment Exemption-in Denver and Jefferson Counties, CO, 31655 [E7-10868]

Download as PDF Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Ave., SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://dmses.dot.gov/ submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel XANTAO is: Intended Use: ‘‘Day charter uninspected 6 passenger 3 crew.’’ Geographic Region: ‘‘East Central Florida Coast.’’ Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. Dated: May 30, 2007. By order of the Maritime Administrator. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7–11041 Filed 6–6–07; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1229X] rwilkins on PROD1PC63 with NOTICES Denver Regional Transportation District—Abandonment Exemption—in Denver and Jefferson Counties, CO The Denver Regional Transportation District (RTD) has filed a notice of exemption under 49 CFR Part 1152 Subpart F—Exempt Abandonments to abandon a 5.7-mile line of railroad between milepost 0.60 and milepost 6.3 in Denver and Jefferson Counties, CO. The line traverses United States Postal VerDate Aug<31>2005 20:59 Jun 06, 2007 Jkt 211001 Service Zip Codes 80204, 80214, and 80215.1 RTD has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) although no overhead traffic has moved over the line for at least 2 years, any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or 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 of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 48 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 R. Co.— Abandonment—Goshen, 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,2 this exemption will be effective on July 7, 2007, unless stayed pending reconsideration.3 Petitions to stay that do not involve environmental issues,4 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),5 and trail use/rail banking requests under 49 1 RTD originally filed its verified notice of exemption on May 7, 2007. However, the notice did not contain all of the information required under 49 CFR 1152.50. At the request of Board staff, on May 18, 2007, RTD filed a supplement to its notice. For purposes of this proceeding, the filing date will be considered to have been May 18, 2007, the date upon which the verified notice was complete. 2 RTD seeks exemption from 49 U.S.C. 10904 (OFA procedures). The Board will address this request in a subsequent decision. 3 The earliest this transaction may be consummated is July 7, 2007. RTD originally indicated a consummation date of June 25, 2007. RTD has been informed by a Board staff member that consummation may not take place until July 7, 2007. 4 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-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. 5 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 31655 CFR 1152.29 must be filed by June 18, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 27, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to RTD’s representative: Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue, NW., Suite 905, Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. RTD has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by June 12, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, 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), RTD 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 RTD’s filing of a notice of consummation by June 7, 2008, 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: May 31, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–10868 Filed 6–6–07; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Page 31655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10868]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1229X]


Denver Regional Transportation District--Abandonment Exemption--
in Denver and Jefferson Counties, CO

    The Denver Regional Transportation District (RTD) has filed a 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon a 5.7-mile line of railroad between milepost 
0.60 and milepost 6.3 in Denver and Jefferson Counties, CO. The line 
traverses United States Postal Service Zip Codes 80204, 80214, and 
80215.\1\
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    \1\ RTD originally filed its verified notice of exemption on May 
7, 2007. However, the notice did not contain all of the information 
required under 49 CFR 1152.50. At the request of Board staff, on May 
18, 2007, RTD filed a supplement to its notice. For purposes of this 
proceeding, the filing date will be considered to have been May 18, 
2007, the date upon which the verified notice was complete.
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    RTD has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) although no overhead traffic has moved 
over the line for at least 2 years, any overhead traffic can be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the line (or 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 of 49 CFR 1105.7 (environmental reports), 49 CFR 
1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 48 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 R. Co.--
Abandonment--Goshen, 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,\2\ this exemption will be 
effective on July 7, 2007, unless stayed pending reconsideration.\3\ 
Petitions to stay that do not involve environmental issues,\4\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 18, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 27, 2007, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \2\ RTD seeks exemption from 49 U.S.C. 10904 (OFA procedures). 
The Board will address this request in a subsequent decision.
    \3\ The earliest this transaction may be consummated is July 7, 
2007. RTD originally indicated a consummation date of June 25, 2007. 
RTD has been informed by a Board staff member that consummation may 
not take place until July 7, 2007.
    \4\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) 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.
    \5\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to RTD's 
representative: Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 
1001 Connecticut Avenue, NW., Suite 905, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RTD has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by June 12, 2007. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, 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), RTD 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 RTD's filing of a notice of 
consummation by June 7, 2008, 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: May 31, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10868 Filed 6-6-07; 8:45 am]
BILLING CODE 4915-01-P