Illinois Central Railroad Company-Abandonment Exemption-in Ballard County, KY, 34357 [E8-13328]

Download as PDF Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–43 (Sub-No. 181X)] Illinois Central Railroad Company— Abandonment Exemption—in Ballard County, KY jlentini on PROD1PC65 with NOTICES Illinois Central Railroad Company (IC), 1 has filed a verified notice of exemption under 49 CFR Part 1152 Subpart F—Exempt Abandonments to abandon approximately 1.66 miles of its rail line between mileposts 364.54 and 366.20, in Wickliffe, Ballard County, KY.2 The line traverses United States Postal Service Zip Code 42087. IC 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 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. 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, this exemption will be effective on July 17, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 1 IC is a wholly owned subsidiary of Canadian National Railway Company. 2 IC states that the involved line parallels its historic main line and did not provide access to any new shippers upon its acquisition, and that IC has been operating the line as a passing siding for several decades. IC indicates that this filing was made out of an abundance of caution as to whether abandonment authority or an exemption is required prior to removal of the track. 3 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 VerDate Aug<31>2005 16:10 Jun 16, 2008 Jkt 214001 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 June 27, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by July 7, 2008, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to IC’s representative: Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430– 4381. If the verified notice contains false or misleading information, the exemption is void ab initio. IC has filed both an environmental report and a historic report that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by June 20, 2008. 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), IC 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 IC’s filing of a notice of consummation by June 17, 2009, 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: June 6, 2008. 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. 4 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 00112 Fmt 4703 Sfmt 4703 34357 By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–13328 Filed 6–12–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub–No. 266X)] Union Pacific Railroad Company— Abandonment Exemption—in Maricopa County, AZ On May 28, 2008, Union Pacific Railroad Company (UP) 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 2.91-mile line of railroad known as the Litchfield Industrial Lead, extending from milepost 889.34 (Litchfield Junction) to milepost 892.25 (Litchfield Park) in Maricopa County, AZ. The line traverses U.S. Postal Service Zip Codes 85338 and 85395. The line does not contain federally granted rights-of-way. Any documentation in UP’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 R. Co.— Abandonment—Goshen, 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 September 15, 2008. 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 offer must be accompanied by a $1,300 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 July 7, 2008. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB–33 (Sub–No. 266X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001, and (2) Gabriel S. Meyer, E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Page 34357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13328]



[[Page 34357]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-43 (Sub-No. 181X)]


Illinois Central Railroad Company--Abandonment Exemption--in 
Ballard County, KY

    Illinois Central Railroad Company (IC), \1\ has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon approximately 1.66 miles of its rail line 
between mileposts 364.54 and 366.20, in Wickliffe, Ballard County, 
KY.\2\ The line traverses United States Postal Service Zip Code 42087.
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    \1\ IC is a wholly owned subsidiary of Canadian National Railway 
Company.
    \2\ IC states that the involved line parallels its historic main 
line and did not provide access to any new shippers upon its 
acquisition, and that IC has been operating the line as a passing 
siding for several decades. IC indicates that this filing was made 
out of an abundance of caution as to whether abandonment authority 
or an exemption is required prior to removal of the track.
---------------------------------------------------------------------------

    IC 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 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.
    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, this exemption will be 
effective on July 17, 2008, 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 
June 27, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 7, 2008, with the 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to IC's 
representative: Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 
60430-4381.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IC has filed both an environmental report and a historic report 
that address the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by June 20, 2008. 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), IC 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 IC's filing of a notice of consummation by June 
17, 2009, 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: June 6, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-13328 Filed 6-12-08; 8:45 am]
BILLING CODE 4915-01-P