[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Notices]
[Page 45727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21794]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-590X and AB-193 (Sub-No. 2X)]


Maryland Mass Transit Administration--Abandonment Exemption in 
Baltimore City, Baltimore County, and Anne Arundel County, MD and 
Canton Railroad Company--Discontinuance of Trackage Rights Exemption

    Maryland Mass Transit Administration (MTA) and Canton Railroad 
Company (Canton) have filed a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments and Discontinuances of Trackage Rights 
for MTA to abandon and Canton to discontinue trackage rights over MTA's 
line of railroad known as the South Line-Central Light Rail Line (Line) 
from the Line's point of connection with CSX Transportation, Inc. 
(CSXT) at Patapsco Avenue in Baltimore City, MD (CSXT milepost 0.0, 
Clifford Junction, MD), to the end of the Line at Dorsey (Dorsey Road), 
in Glen Burnie, MD, within Baltimore City, Baltimore County, and Anne 
Arundel County, MD. The line traverses United States Postal Service Zip 
Codes 21225, 21227, 21090, and 21061.
    MTA and Canton have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there is no overhead traffic 
that is 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 (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 these exemptions, any employee adversely affected 
by the abandonment or 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, these exemptions will be 
effective on September 28, 2001, 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 
September 10, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 18, 2001, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, N.W., Washington, DC 20423.
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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 for $1000. See 49 CFR 
1002.2(f)(25).
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    MTA states that the line is suitable for the public purpose of 
light rail mass transportation, and it will continue to use the right-
of-way for provision of such service after the abandonment and 
discontinuance take effect. MTA also states that the Line is not 
suitable for any other concurrent use, public or private and it is not 
willing to transfer title to the right-of-way or use the property for 
other than light rail purposes.
    A copy of any petition filed with the Board should be sent to 
applicants' representative: Jamie P. Rennert, Esq., Foley & Lardner, 
888 Sixteenth Street, N.W., Washington, DC 20006.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MTA and Canton have filed an environmental report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by August 
31, 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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), MTA 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 MTA's filing of a notice of 
consummation by August 29, 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: August 22, 2001.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-21794 Filed 8-28-01; 8:45 am]
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