[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Notices]
[Pages 55826-55827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7968]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-871X]


State of New Hampshire Department of Transportation--Abandonment 
Exemption--in Belknap County, NH

    The State of New Hampshire, Department of Transportation, Bureau of 
Rail and Transit (NHDOT), has filed an amended notice of exemption \1\ 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 
portion of rail line known as the Lakeport Spur, in Belknap County, NH, 
extending from engineering station 1 + 70 to engineering station 11 + 
28.11 (on Valuation Section V.21, Map 65-A).\2\ The line traverses 
United States Postal Service Zip Code 03246.
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    \1\ NHDOT originally filed its notice of exemption on March 14, 
2006. After consulting with the Board's Section of Environmental 
Analysis (SEA), NHDOT filed an amended notice of exemption on 
September 5, 2006, which became the official filing date.
    \2\ NHDOT states that, prior to the filing of this notice of 
exemption, the property was acquired by James R. Irwin, & Sons, 
Inc., and currently is being used for a commercial boat storage 
facility and marina.
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    NHDOT 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 
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 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 October 25, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
October 5, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 16, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
NHDOT's representative: Stephen G. LaBonte, Assistant Attorney General, 
Office of the Attorney General, 33 Capitol Street, Concord, NH 03301.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NHDOT has filed a combined environmental report and historic report 
which addresses the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by September 29, 2006. Interested persons may obtain a 
copy of the EA by writing to SEA (Room 500, Surface Transportation 
Board, Washington, DC

[[Page 55827]]

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), NHDOT 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 NHDOT's filing of a notice of 
consummation by September 25, 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: September 15, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-7968 Filed 9-22-06; 8:45 am]
BILLING CODE 4915-01-P