[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Notices]
[Pages 63846-63847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28097]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-857X]


Great Western Railway of Colorado, LLC--Abandonment Exemption--in 
Weld County, CO

    Great Western \1\ Railway of Colorado, LLC (GWRC), has filed a 
notice of exemption under 49 CFR part 1152 Subpart F--Exempt 
Abandonments to abandon its Eaton Subdivision located between milepost 
30.8 near Windsor, and milepost 42.5 near Eaton, totaling approximately 
11.7 miles, in Weld County, CO. The line traverses United States Postal 
Service ZIP Codes 80615, 80546, and 80550.
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    \1\ Notice of the proposed abandonment was published, and the 
environmental and historic reports were filed and served, under STB 
Docket No. AB-857 (Sub-No. 1X). However, the Board subsequently 
redocketed the proceeding as STB Docket No. AB-857X.
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    GWRC 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 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 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 December 
10, 2003, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\2\ formal

[[Page 63847]]

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 
November 20, 2003. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 1, 2003, 
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 $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Karl Morell, 1455 F St., NW., Suite 225, 
Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    GWRC has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by November 14, 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), GWRC 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 GWRC's filing of a notice of 
consummation by November 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 http://www.stb.dot.gov.

    Decided: November 3, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-28097 Filed 11-7-03; 8:45 am]
BILLING CODE 4915-00-P