[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Pages 34328-34329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15630]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-492 (Sub-No. 2X)]
Fillmore Western Railway Company--Abandonment Exemption--in
Fillmore County, NE
Fillmore Western Railway Company (FWRY) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon a line of railroad between: (a) milepost 1.7
near Fairmont and milepost 10.0 near Geneva, NE; and (b) milepost 8.1
near Fairmont, NE, and milepost 23.0, near Milligan, NE, a distance of
approximately 23.2 miles in Fillmore County, NE.\1\ The line traverses
United States Postal Service Zip Codes 68354, 68401, 68361, and 68406.
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\1\ Pursuant to 49 CFR 1150.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. While the
applicant initially indicated a proposed consummation date of June
10, 2001, because the verified notice was filed on June 7, 2001,
consummation may not take place prior to July 27, 2001. Applicant's
representative has subsequently confirmed that the correct
consummation date is on or after July 27, 2001.
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FWRY 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 in the past 2 years; (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 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 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 expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on July 27, 2001, 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
[[Page 34329]]
1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR
1152.29 must be filed by July 9, 2001. Petitions to reopen or requests
for public use conditions under 49 CFR 1152.28 must be filed by July
17, 2001, with: Surface Transportation Board, Office of the Secretary,
Case Control Unit, 1925 K Street, NW., Washington, DC 20423.
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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 offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: T. Scott Bannister, 1300 Des Moines
Building, 405--Sixth Avenue, Des Moines, IA 50309.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
FWRY has filed an environmental report which addresses the effects,
if any, of the abandonment and discontinuance on the environment and
historic resources. SEA will issue an environmental assessment (EA) by
July 2, 2001. 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) 565-1545. 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), FWRY 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 FWRY's filing of a notice of
consummation by June 27, 2002, 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 website at
www.stb.dot.gov.
Decided: June 15, 2001.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-15630 Filed 6-26-01; 8:45 am]
BILLING CODE 4915-00-P