[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Notices]
[Pages 75021-75022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31719]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-863X]


City of Venice--Abandonment Exemption--in Venice, IL, and St. 
Louis, MO

    The City of Venice (City) has filed a notice of exemption under 49 
CFR 1152 Subpart F--Exempt Abandonments to abandon its entire 2.00-mile 
line of railroad, between milepost 0.55 near Branch Street Yard in St. 
Louis, MO, and milepost 0.0 at the state line at Venice, IL, and 
milepost 0.00 at Venice and milepost 1.45 at McKinley Junction, IL. The 
line traverses United States Postal Service ZIP Codes 62090 and 63147.
    The City 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.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Wellsville, Addison & 
Galeton R. Corp.--Abandonment, 354 I.C.C. 744 (1978); and Northampton 
and Bath R. Co.--Abandonment, 354 I.C.C. 784 (1978). Because the City 
does not appear to have a corporate affiliate or parent that could 
benefit from the proposed abandonment, employee protection conditions 
will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on January

[[Page 75022]]

28, 2004,\1\ 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 January 8, 
2004.\4\ Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by January 20, 2004, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ In its notice, the City indicated a proposed consummation 
date of January 12, 2004. Under 49 CFR 1152.50(d)(2), however, the 
earliest the exemption could become effective is 50 days after the 
verified notice of exemption was filed. The notice was filed on 
December 9, 2003. Therefore, the effective date of the exemption can 
be no earlier than January 28, 2004, and consummation may not take 
place prior to that date. The City's representative has been 
notified and has confirmed that consummation will not take place 
before January 28, 2004.
    \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).
    \4\ Madison County Transit (MCT) concurrently filed a request 
for issuance of a notice of interim trail use for the entire line 
under the National Trails System Act, 16 U.S.C. 1247(d). Also by 
letter filed December 12, 2003, the Terminal Railroad Association of 
St. Louis (Terminal) states that it intends to file a reply to the 
City's notice of exemption and to MCT's trail use request, and that 
it will seek a stay of the effective date of the exemption. The 
Board will address MCT's trail use request, along with any others 
that may be filed, and any further filings by Terminal in subsequent 
decisions.
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    A copy of any petition filed with the Board should be sent to the 
City's representative: Charles H. Montange, 426 NW 162d St., Seattle, 
WA 98177.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    The City has 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 January 
2, 2004. 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), the City 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 the City's filing of a notice of 
consummation by December 29, 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: December 18, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-31719 Filed 12-24-03; 8:45 am]
BILLING CODE 4915-00-P