East Tennessee Railway, L.P.-Abandonment Exemption-in Washington and Carter Counties, TN, 64120 [E9-28932]

Download as PDF 64120 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1031X] East Tennessee Railway, L.P.— Abandonment Exemption—in Washington and Carter Counties, TN erowe on DSK5CLS3C1PROD with NOTICES East Tennessee Railway, L.P. (ETRY), has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a segment of its line of railroad between milepost 1.2, in Johnson City, and milepost 11.2 at the end of the line, in Elizabethton, in Washington and Carter Counties, TN. The line traverses United States Postal Service Zip Codes 37605 and 37643. ETRY has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there has been 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 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 January 6, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an 1 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. VerDate Nov<24>2008 14:05 Dec 04, 2009 Jkt 220001 OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 17, 2009. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 28, 2009, 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 ETRY’s representative: Eric M. Hocky, Esquire, 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. ETRY has filed a combined environmental and historic report addressing the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 11, 2009. 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), ETRY 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 ETRY’s filing of a notice of consummation by December 7, 2010, 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 30, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–28932 Filed 12–4–09; 8:45 am] BILLING CODE 4915–01–P 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2009–0343] Medical Review Board Public Meeting AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Medical Review Board (MRB) public meeting. SUMMARY: FMCSA announces a public meeting of the Agency’s MRB. The MRB public meeting will provide the public an opportunity to observe MRB deliberations about FMCSA’s medical standards and provide comments to the MRB in accordance with the Federal Advisory Committee Act (FACA). DATES: The MRB meeting will be held from 9 a.m. to 5:40 p.m. on Wednesday, January 6, 2010. Please refer to the preliminary agenda for this meeting in the SUPPLEMENTARY INFORMATION section of this notice for specific information. ADDRESSES: The meeting will take place at the United States Department of Transportation, West Building Ground Floor, Oklahoma Room, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2009–0343 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Notices]
[Page 64120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28932]



[[Page 64120]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1031X]


East Tennessee Railway, L.P.--Abandonment Exemption--in 
Washington and Carter Counties, TN

    East Tennessee Railway, L.P. (ETRY), has filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
segment of its line of railroad between milepost 1.2, in Johnson City, 
and milepost 11.2 at the end of the line, in Elizabethton, in 
Washington and Carter Counties, TN. The line traverses United States 
Postal Service Zip Codes 37605 and 37643.
    ETRY has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been 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 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 January 6, 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 
December 17, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 28, 2009, 
with the Surface Transportation Board, 395 E Street, SW., Washington, 
DC 20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is 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 
ETRY's representative: Eric M. Hocky, Esquire, 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.
    ETRY has filed a combined environmental and historic report 
addressing the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by December 11, 2009. 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), ETRY 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 ETRY's filing of a notice of 
consummation by December 7, 2010, 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 30, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-28932 Filed 12-4-09; 8:45 am]
BILLING CODE 4915-01-P