[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap06-163]
[[Page 18408]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-43 (Sub-No. 178X)]
Illinois Central Railroad Company--Abandonment Exemption--in
Madison County, MS
Illinois Central Railroad Company (IC)\1\ has filed a notice of
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to
abandon its line of railroad that comes off IC's Grenada Sub at
milepost 705.2 and traverses eastward approximately 12,300 feet to the
end of the track in Canton, Madison County, MS. The line traverses
United States Postal Service Zip Code 39046.
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\1\ IC is a wholly owned subsidiary of Canadian National Railway
Company.
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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 to
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 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 reports), 49 CFR 1105.8 (historic reports), 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 May 11, 2006, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
April 21, 2006. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by May 1, 2006, with:
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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\2\ 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.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,200, but is scheduled to increase to $1,300,
effective April 19, 2006. See Regulations Governing Fees for
Services Performed in Connection with Licensing and Related
Services-2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served
Mar. 20, 2006). See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to IC's
representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 920, Chicago, IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
IC has filed environmental and historic reports which address the
effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by April 14,
2006. Interested persons may obtain a copy of the EA by writing to SEA
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or
by calling SEA, at (202) 565-1539. [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 April
11, 2007, 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: April 4, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-5333 Filed 4-10-06; 8:45 am]
BILLING CODE 4915-01-P