[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Notices]
[Pages 19235-19236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5487]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-586 (Sub-No. 2X)]


North Central Railway Association, Inc.--Abandonment Exemption--
in Hardin County, IA

    North Central Railway Association, Inc. (NCRA), has filed a notice 
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon and discontinue service over a 10.54-mile line of railroad 
between milepost 201.46, near Ackley, IA, and milepost 212.00, near 
Steamboat Rock, IA, in Hardin County, IA.\1\ The line traverses United 
States Postal Service Zip Codes 50672, 50671, and 50601.
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    \1\ NCRA's notice of exemption identified the issue line as an 
11.70-mile rail line, from milepost 200.30 to milepost 212.00. 
Subsequently, NCRA was advised of an ongoing need for car 
interchange and switch moves over a portion of the line between 
mileposts 200.36 and 201.46. Therefore, by letter filed on March 31, 
2006, NCRA amended its notice to pertain to the line segment from 
milepost 201.46 to milepost 212.00.
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    NCRA 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 
that would have to be rerouted; (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 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

[[Page 19236]]

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 May 13, 2006, 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 
April 24, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 3, 2006, with the 
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 appropriate filing fee, 
which is currently set at $1,200, see 49 CFR 1002.2(f)(25), but is 
scheduled to increase to $1,300, effective April 19, 2006. See 
Regulations Governing Fees for Services Performed in Connection with 
Licensing and Related Services--2006 Update, STB Ex Parte No. 542 
(Sub-No. 13) (STB served Mar. 20, 2006).
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    A copy of any petition filed with the Board should be sent to 
NCRA's representative: T. Scott Bannister, Attorney for North Central 
Railway Association, Inc., 111 Fifty-Sixth Street, Des Moines, IA 
50312.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NCRA has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 18, 
2006. 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), NCRA 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 NCRA's filing of a notice of 
consummation by April 13, 2007, 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: April 7, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-5487 Filed 4-12-06; 8:45 am]
BILLING CODE 4915-01-P