[Federal Register: December 14, 2004 (Volume 69, Number 239)]
[Notices]
[Page 74566-74567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de04-120]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-319 (Sub-No. 4X)]
Florida Central Railroad Company, Inc.--Abandonment Exemption--in
Seminole and Orange Counties, FL
Florida Central Railroad Company, Inc. (FCEN) has filed a notice of
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a
3.4-mile line of railroad known as the Forest City Spur, between
milepost F-4.5 at Toronto, and the end of the track at milepost F-1.1
in Forest City, in Seminole and Orange Counties, FL. The line traverses
United States Postal Service Zip Codes 32714 and 32703.
FCEN has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic formerly handled on
the line can be rerouted over other lines; (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 and discontinuance 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
[[Page 74567]]
expression of intent to file an offer of financial assistance (OFA) has
been received, this exemption will be effective on January 13, 2005,
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 27, 2004.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by January 3, 2005, with: Surface Transportation
Board, 1925 K Street, NW., 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 offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1,200. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
FCEN's representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
FCEN has filed an 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 December
17, 2004. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or
by calling SEA, at (202) 565-1539. 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), FCEN shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned its line. If
consummation has not been effected by FCEN's filing of a notice of
consummation by December 14, 2005, 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: December 6, 2004.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27338 Filed 12-13-04; 8:45 am]
BILLING CODE 4915-01-P