[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 57020-57021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15953]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-868 (Sub-No. 1X); STB Docket No. AB-869 (Sub-No. 
1X)]


Mississippi Tennessee Holdings, LLC--Abandonment Exemption--in 
Hardeman County, TN and Tippah and Union Counties, MS; Mississippi 
Tennessee Railroad, LLC--Discontinuance of Service Exemption--in 
Hardeman County, TN and Tippah and Union Counties, MS

    Mississippi Tennessee Holdings, LLC (MTH) and Mississippi Tennessee 
Railroad, LLC (MTRR) (collectively, applicants), have jointly filed a 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service for MTH to abandon, and for 
MTRR to discontinue service over: (1) An approximately 19.4-mile line 
of railroad between milepost 367.5, which is located approximately 25 
feet north of the centerline of Thryson Krump plant entry road in 
Middleton, Hardeman County, TN, and milepost 348.1, which is located 
approximately 1,663 feet north of the centerline of Industrial Park 
Road at the northern end of Ripley, Tippah County, MS; and (2) an 
approximately 1.36-mile line of railroad between milepost 325.56, which 
is located approximately 25 feet north of the BNSF Railway Company 
diamond in New Albany, Union County, MS, and milepost 324.2, which is 
located approximately one-quarter of a mile south of Interstate Highway 
78 in Union County, MS, a total distance of 20.76 miles. The line 
traverses United States Postal Service Zip Codes 38052, 38652 and 
38663.
    Applicants have certified that: (1) No traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 of 49 CFR 1105.7 (environmental report), 49 
CFR 1105.8 (historic report), 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 28, 2006, 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 10, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 18, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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 was 
increased to $1,300 effective on 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 
applicants' representative: Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle St., Suite 1890, Chicago, IL 60604-1112.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

[[Page 57021]]

    Applicants have filed environmental and historic reports which 
address the effects, if any, of the abandonment on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by 
October 3, 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), MTH 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 MTH's filing of a notice of 
consummation by September 28, 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 22, 2006.

    By the Board David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-15953 Filed 9-27-06; 8:45 am]
BILLING CODE 4915-01-P