[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Notices]
[Page 58749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25609]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-307 (Sub-No. 4X)]


Wyoming and Colorado Railroad Company, Inc.--Abandonment 
Exemption--in Albany County, WY

    Wyoming and Colorado Railroad Company, Inc. (WYCO) has filed a 
verified notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon a 1.12-mile line of railroad extending from 
milepost 0.19 to milepost 1.31 in the City of Laramie, Albany County, 
WY. The line traverses United States Postal Service Zip Code 82070.
    WYCO 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; (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 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 November 
12, 2003, 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 October 20, 2003. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 30, 2003, with: Surface Transportation 
Board, 1925 K Street, NW., 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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
WYCO's representative: Karl Morell, Ball Janik LLP, 1455 F St., NW., 
Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WYCO has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment or historic 
resources. SEA will issue an environmental assessment (EA) by October 
17, 2003. 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), WYCO 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 WYCO's filing of a notice of 
consummation by October 10, 2004, 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 
www.stb.dot.gov.

    Decided: October 3, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 03-25609 Filed 10-9-03; 8:45 am]
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