Denver & Rio Grande Railway Historical Foundation-Adverse Abandonment-in Mineral County, CO, 930-931 [E7-25588]
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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices
the official service list as either POR,
MOC, GOV, or Non-Party. All other
interested persons are encouraged either
to secure copies of decisions, orders,
and notices via the Board’s Web site at
https://www.stb.dot.gov under ‘‘ELIBRARY/Decisions & Notices’’ or to
make advance arrangements with the
Board’s copy contractor, ASAP
Document Solutions (mailing address:
Suite 103, 9332 Annapolis Rd., Lanham,
MD 20706; e-mail address:
asapdc@verizon.net; telephone number:
202–306–4004), to receive copies of
decisions, orders, and notices served in
this proceeding. ASAP Document
Solutions will handle the collection of
charges and the mailing and/or faxing of
decisions, orders, and notices to persons
who request this service.
Access to Filings. An interested
person does not need to be on the
service list to obtain a copy of the
primary application or any other filing
made in this proceeding. Under the
Board’s rules, any document filed with
the Board (including applications,
pleadings, etc.) shall be promptly
furnished by the filing party to
interested persons on request, unless
subject to a protective order. 49 CFR
1180.4(a)(3). The primary application
and other filings in this proceeding will
also be available on the Board’s Web site
at https://www.stb.dot.gov under ‘‘ELIBRARY/Filings.’’
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
It is ordered:
1. The application in STB Finance
Docket No. 35081 is accepted for
consideration.
2. The parties to this proceeding must
comply with the procedural schedule
adopted by the Board in this proceeding
as shown in Appendix A.
3. The parties to this proceeding must
comply with the procedural
requirements described in this decision.
4. This decision is effective on
January 4, 2008.
Decided: December 21, 2007.
By the Board, Chairman Nottingham, Vice
Chairman Buttrey, and Commissioner
Mulvey.
Vernon A. Williams,
Secretary.
jlentini on PROD1PC65 with NOTICES
APPENDIX A: PROCEDURAL SCHEDULE
September 10,
2007.
September 21,
2007.
VerDate Aug<31>2005
APPENDIX A: PROCEDURAL
SCHEDULE—Continued
Jkt 214001
Surface Transportation Board
[STB Docket No. AB–1014]
October 5,
2007.
Prefiling notification and Motion to Establish Procedural Schedule filed.
Notice of receipt of prefiling
notification published in
the Federal Register.
Proposed procedural schedule published in the Federal Register.
Application filed.
November 8,
2007.
November 29,
2007.
December 5,
2007.
January 4,
2008.
January 25,
2008.
February 4,
2008.
March 4, 2008
April 18, 2008
April 25, 2008
May 19, 2008
TBD ................
July 2, 2008 ...
September 30,
2008.
October 30,
2008.
Board notice of acceptance
of application to be published in the Federal Register.
Notices of intent to participate in this proceeding
due. Descriptions of anticipated responsive applications (including inconsistent applications) due.
Petitions for waiver or clarification with respect to
such applications due.
Proposed SIP to be filed
with SEA and FRA. Environmental comments due,
addressed to the attention
of SEA.
All responsive applications,
requests for conditions,
and any other evidence
and argument in opposition to the application, including filings of DOJ and
DOT, due.
Replies to responsive applications, requests for conditions, and other opposition due. Rebuttal in support of the application due.
Response of DOJ and
DOT to other parties’ comments due.
Applicants’ response to responsive comments of
DOJ and DOT due.
Rebuttals to responsive applications, requests for
conditions, and other opposition due.
A public hearing or oral argument may be held.
Final briefs, if any, due.
Date of service of final decision.
Effective date of final decision.
[FR Doc. E7–25480 Filed 1–3–08; 8:45 am]
BILLING CODE 4915–01–P
PO 00000
Denver & Rio Grande Railway
Historical Foundation—Adverse
Abandonment—in Mineral County, CO
On December 17, 2007, the City of
Creede, CO (the City), filed an
application under 49 U.S.C. 10903,
requesting that the Surface
Transportation Board (Board) authorize
the third-party or adverse abandonment
of approximately 1.0 mile of rail line,
extending from near milepost 320.9 to
near milepost 319.9, a run-around track,
and a spur track (the Line), all located
in the City, in Mineral County, CO. The
Line is owned by the Denver & Rio
Grande Railway Historical Foundation
(D&RGHF).1 The Line traverses United
States Postal Service Zip Code 81130,
and includes no stations.
The City states that there has been no
rail service or request for service over
the Line since approximately 1970 and
claims that there is no foreseeable need
for rail service. Additionally, the City
asserts that, since D&RGHF acquired the
Line, D&RGHF has yet to identify any
shippers or operate any trains.
In a decision served in this
proceeding on October 18, 2007, the
City was granted exemptions from
several statutory provisions as well as
waivers of certain Board regulations at
49 CFR 1152 that were not relevant to
its adverse abandonment application or
that sought information not available to
it. Specifically, the City was granted a
fee waiver; waivers of and exemptions
from the notice requirements at 49 CFR
1152.20(a)(2), 49 U.S.C. 10903(a)(3)(D),
49 CFR 1152.20(a)(3), 49 U.S.C.
10903(a)(3)(B), and 49 CFR 1152.21;
waivers of and exemptions from the
application requirements of 49 CFR
1152.22(a)(5), 49 U.S.C. 10903(c), 49
CFR 1152.22(b) (except that the City
must submit evidence on the physical
condition of the Line other than
information regarding cost of deferred
maintenance and needed rehabilitation),
49 CFR 1152.22(d), and 49 CFR
1152.29(e)(2); waivers of and
exemptions from the OFA requirements
and public use procedures at 49 CFR
1152.27–28 and 49 U.S.C. 10904–05;
and waiver of portions of the Federal
Register notice language requirements at
49 CFR 1152.22(i).
1 D&RGHF acquired the Line through an offer of
financial assistance (OFA). See Union Pacific
Railroad Company—Abandonment Exemption—in
Rio Grande and Mineral Counties, CO, STB Docket
No. AB–33 (Sub-No. 132X) (STB served May 11,
1999).
Motion for Protective Order
filed.
Protective Order issued.
16:42 Jan 03, 2008
DEPARTMENT OF TRANSPORTATION
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices
A portion of the track is on a
Federally issued right-of-way.
According to the City, the land
underlying the Federal right-of-way in
the city limits was deeded to the City by
the United States in 1901, subject to the
right-of-way grant. The City states that
it also owns the land adjacent to the
Line and asserts that it has reversionary
interests in the Line under state law.
Any documentation in the City’s
possession will be made available
promptly to those requesting it. The City
states that it filed its entire case for
abandonment with its application.
The interests of affected railroad
employees, if there are any employees
on the Line, will be protected by the
conditions set forth in Oregon Short
Line R. Co.—Abandonment—Goshen,
360 I.C.C. 91 (1979).
Any interested person may file
written comments concerning the
proposed abandonment or protests
(including the protestant’s entire
opposition case), by January 31, 2008.
The City’s reply is due by February 15,
2008. Because this is an adverse
abandonment proceeding, OFAs and
public use requests are not appropriate
and will not be entertained.
The Board has not yet had occasion to
decide whether the issuance of a
certificate of interim trail use in an
adverse abandonment would be
consistent with the grant of such an
application. Accordingly, any request
for a trail use condition under 16 U.S.C.
1247(d) (49 CFR 1152.29) must be filed
by January 31, 2008, and should address
that issue. Each trail use request must be
accompanied by a $200 filing fee. See 49
CFR 1002.2(f)(27).
Persons opposing the proposed
abandonment who wish to participate
actively and fully in the process should
file a protest. Persons who may oppose
the abandonment but who do not wish
to participate fully in the process by
submitting verified statements of
witnesses containing detailed evidence
should file comments. Persons seeking
information concerning the filing of
protests should refer to 49 CFR 1152.25.
All filings in response to this notice
must refer to STB Docket No. AB–1014
and must be sent to: (1) Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001; (2) Ronald
M. Johnson, Akin, Gump, Strauss, Hauer
& Feld LLP, 1333 New Hampshire Ave.,
NW., Washington, DC 20036; and (3)
Clyde Dooley, City Manager, City of
Creede, P.O. Box 457, Creede, CO
81130. Filings may be submitted either
via the Board’s e-filing format or in the
traditional paper format. Any person
using e-filing should comply with the
instructions found on the Board’s
VerDate Aug<31>2005
16:42 Jan 03, 2008
Jkt 214001
https://www.stb.dot.gov Web site, at the
‘‘E-FILING’’ link. Any person submitting
a filing in the traditional paper format
should send the original and 10 copies
of the filing to the Board with a
certificate of service. Except as
otherwise set forth in 49 CFR part 1152,
every document filed with the Board
must be served on all parties to this
adverse abandonment proceeding. 49
CFR 1104.12(a).
An environmental assessment (EA) (or
environmental impact statement (EIS), if
necessary) prepared by the Board’s
Section of Environmental Analysis
(SEA) will be served upon all parties of
record and upon any agencies or other
persons who commented during its
preparation. Any other persons who
would like to obtain a copy of the EA
(or EIS) may contact SEA. EAs in these
abandonment proceedings normally will
be made available within 33 days of the
filing of the application. The deadline
for submission of comments on the EA
will generally be within 30 days of its
service. The comments received will be
addressed in the Board’s decision. A
supplemental EA or EIS may be issued
where appropriate.
Persons seeking further information
concerning abandonment procedures
may contact the Board’s Office of
Governmental and Public Affairs at
(202) 245–0230 or refer to the full
abandonment/discontinuance
regulations at 49 CFR 1152. Questions
concerning environmental issues may
be directed to SEA at (202) 245–0305.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
1–800–877–8339.]
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 28, 2007.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–25588 Filed 1–3–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No.
8)]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
BNSF Railway Company (BNSF),
pursuant to a modified written trackage
rights agreement entered into between
PO 00000
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Fmt 4703
Sfmt 4703
931
BNSF and Union Pacific Railroad
Company (UP), has agreed to extend the
expiration date of the local trackage
rights granted to UP 1 over BNSF’s line
of railroad extending from BNSF
milepost 579.3 near Mill Creek, OK, to
BNSF milepost 631.1 near Joe Junction,
TX, a distance of approximately 51
miles.2
The transaction is scheduled to be
consummated on January 20, 2008.
The purpose of this transaction is to
modify the temporary trackage rights
exempted in STB Finance Docket No.
34554 (Sub-No. 6) to further extend the
expiration date to on or before
December 31, 2008. The modified
trackage rights will permit UP to
continue to move loaded and empty
ballast trains for use in its maintenanceof-way projects.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it 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
1 UP submits that the trackage rights being
granted here are only temporary rights, but, because
they are ‘‘local’’ rather than ‘‘overhead’’ rights, they
do not qualify for the Board’s class exemption for
temporary trackage rights at 49 CFR 1180.2(d)(8).
See Railroad Consolidation Procedures, 6 S.T.B.
910 (2003). Therefore, UP and BNSF concurrently
have filed a petition for partial revocation of this
exemption in STB Finance Docket No. 34554 (SubNo. 9), Union Pacific Railroad Company—
Temporary Trackage Rights Exemption—BNSF
Railway Company, wherein UP, with the support of
BNSF, requests that the Board permit the proposed
local trackage rights arrangement described in the
present proceeding to expire on or about December
31, 2008. That petition will be addressed by the
Board in a separate decision.
2 The original trackage rights granted in Union
Pacific Railroad Company—Trackage Rights
Exemption—The Burlington Northern and Santa Fe
Railway Company, STB Finance Docket No. 34554
(STB served Oct. 7, 2004), also extended from BNSF
milepost 579.3 near Mill Creek, OK, to BNSF
milepost 631.1 near Joe Junction, TX. By decisions
served on November 24, 2004, in STB Finance
Docket No. 34554 (Sub-No. 1), on March 25, 2005,
in STB Finance Docket No. 34554 (Sub-No. 3), on
March 23, 2006, in STB Finance Docket No. 34554
(Sub-No. 5), and on March 13, 2007, in STB Finance
Docket No. 34554 (Sub-No. 7), the Board granted
exemptions to permit the trackage rights authorized
in STB Finance Docket No. 34554 and extended in
STB Finance Docket No. 34554 (Sub-No. 2), served
on February 11, 2005, in STB Finance Docket No.
34554 (Sub-No. 4), served on March 3, 2006, and
in STB Finance Docket No. 34554 (Sub-No. 6),
served on January 12, 2007, to expire. At the time
of the last extension, it was anticipated by the
parties that the rights would expire on or about
December 31, 2007. However, this authority has not
yet been exercised.
E:\FR\FM\04JAN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Notices]
[Pages 930-931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25588]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1014]
Denver & Rio Grande Railway Historical Foundation--Adverse
Abandonment--in Mineral County, CO
On December 17, 2007, the City of Creede, CO (the City), filed an
application under 49 U.S.C. 10903, requesting that the Surface
Transportation Board (Board) authorize the third-party or adverse
abandonment of approximately 1.0 mile of rail line, extending from near
milepost 320.9 to near milepost 319.9, a run-around track, and a spur
track (the Line), all located in the City, in Mineral County, CO. The
Line is owned by the Denver & Rio Grande Railway Historical Foundation
(D&RGHF).\1\ The Line traverses United States Postal Service Zip Code
81130, and includes no stations.
---------------------------------------------------------------------------
\1\ D&RGHF acquired the Line through an offer of financial
assistance (OFA). See Union Pacific Railroad Company--Abandonment
Exemption--in Rio Grande and Mineral Counties, CO, STB Docket No.
AB-33 (Sub-No. 132X) (STB served May 11, 1999).
---------------------------------------------------------------------------
The City states that there has been no rail service or request for
service over the Line since approximately 1970 and claims that there is
no foreseeable need for rail service. Additionally, the City asserts
that, since D&RGHF acquired the Line, D&RGHF has yet to identify any
shippers or operate any trains.
In a decision served in this proceeding on October 18, 2007, the
City was granted exemptions from several statutory provisions as well
as waivers of certain Board regulations at 49 CFR 1152 that were not
relevant to its adverse abandonment application or that sought
information not available to it. Specifically, the City was granted a
fee waiver; waivers of and exemptions from the notice requirements at
49 CFR 1152.20(a)(2), 49 U.S.C. 10903(a)(3)(D), 49 CFR 1152.20(a)(3),
49 U.S.C. 10903(a)(3)(B), and 49 CFR 1152.21; waivers of and exemptions
from the application requirements of 49 CFR 1152.22(a)(5), 49 U.S.C.
10903(c), 49 CFR 1152.22(b) (except that the City must submit evidence
on the physical condition of the Line other than information regarding
cost of deferred maintenance and needed rehabilitation), 49 CFR
1152.22(d), and 49 CFR 1152.29(e)(2); waivers of and exemptions from
the OFA requirements and public use procedures at 49 CFR 1152.27-28 and
49 U.S.C. 10904-05; and waiver of portions of the Federal Register
notice language requirements at 49 CFR 1152.22(i).
[[Page 931]]
A portion of the track is on a Federally issued right-of-way.
According to the City, the land underlying the Federal right-of-way in
the city limits was deeded to the City by the United States in 1901,
subject to the right-of-way grant. The City states that it also owns
the land adjacent to the Line and asserts that it has reversionary
interests in the Line under state law. Any documentation in the City's
possession will be made available promptly to those requesting it. The
City states that it filed its entire case for abandonment with its
application.
The interests of affected railroad employees, if there are any
employees on the Line, will be protected by the conditions set forth in
Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
Any interested person may file written comments concerning the
proposed abandonment or protests (including the protestant's entire
opposition case), by January 31, 2008. The City's reply is due by
February 15, 2008. Because this is an adverse abandonment proceeding,
OFAs and public use requests are not appropriate and will not be
entertained.
The Board has not yet had occasion to decide whether the issuance
of a certificate of interim trail use in an adverse abandonment would
be consistent with the grant of such an application. Accordingly, any
request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR
1152.29) must be filed by January 31, 2008, and should address that
issue. Each trail use request must be accompanied by a $200 filing fee.
See 49 CFR 1002.2(f)(27).
Persons opposing the proposed abandonment who wish to participate
actively and fully in the process should file a protest. Persons who
may oppose the abandonment but who do not wish to participate fully in
the process by submitting verified statements of witnesses containing
detailed evidence should file comments. Persons seeking information
concerning the filing of protests should refer to 49 CFR 1152.25.
All filings in response to this notice must refer to STB Docket No.
AB-1014 and must be sent to: (1) Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001; (2) Ronald M. Johnson, Akin,
Gump, Strauss, Hauer & Feld LLP, 1333 New Hampshire Ave., NW.,
Washington, DC 20036; and (3) Clyde Dooley, City Manager, City of
Creede, P.O. Box 457, Creede, CO 81130. Filings may be submitted either
via the Board's e-filing format or in the traditional paper format. Any
person using e-filing should comply with the instructions found on the
Board's https://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any
person submitting a filing in the traditional paper format should send
the original and 10 copies of the filing to the Board with a
certificate of service. Except as otherwise set forth in 49 CFR part
1152, every document filed with the Board must be served on all parties
to this adverse abandonment proceeding. 49 CFR 1104.12(a).
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by the Board's Section of Environmental
Analysis (SEA) will be served upon all parties of record and upon any
agencies or other persons who commented during its preparation. Any
other persons who would like to obtain a copy of the EA (or EIS) may
contact SEA. EAs in these abandonment proceedings normally will be made
available within 33 days of the filing of the application. The deadline
for submission of comments on the EA will generally be within 30 days
of its service. The comments received will be addressed in the Board's
decision. A supplemental EA or EIS may be issued where appropriate.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Governmental and Public
Affairs at (202) 245-0230 or refer to the full abandonment/
discontinuance regulations at 49 CFR 1152. Questions concerning
environmental issues may be directed to SEA at (202) 245-0305.
[Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.]
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: December 28, 2007.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-25588 Filed 1-3-08; 8:45 am]
BILLING CODE 4915-01-P
