[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Page 31655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10868]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1229X]


Denver Regional Transportation District--Abandonment Exemption--
in Denver and Jefferson Counties, CO

    The Denver Regional Transportation District (RTD) has filed a 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon a 5.7-mile line of railroad between milepost 
0.60 and milepost 6.3 in Denver and Jefferson Counties, CO. The line 
traverses United States Postal Service Zip Codes 80204, 80214, and 
80215.\1\
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    \1\ RTD originally filed its verified notice of exemption on May 
7, 2007. However, the notice did not contain all of the information 
required under 49 CFR 1152.50. At the request of Board staff, on May 
18, 2007, RTD filed a supplement to its notice. For purposes of this 
proceeding, the filing date will be considered to have been May 18, 
2007, the date upon which the verified notice was complete.
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    RTD has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) although no overhead traffic has moved 
over the line for at least 2 years, any overhead traffic can be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the line (or 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 reports), 49 CFR 
1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 48 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,\2\ this exemption will be 
effective on July 7, 2007, unless stayed pending reconsideration.\3\ 
Petitions to stay that do not involve environmental issues,\4\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 18, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 27, 2007, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \2\ RTD seeks exemption from 49 U.S.C. 10904 (OFA procedures). 
The Board will address this request in a subsequent decision.
    \3\ The earliest this transaction may be consummated is July 7, 
2007. RTD originally indicated a consummation date of June 25, 2007. 
RTD has been informed by a Board staff member that consummation may 
not take place until July 7, 2007.
    \4\ 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.
    \5\ 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 RTD's 
representative: Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 
1001 Connecticut Avenue, NW., Suite 905, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RTD has filed a combined environmental 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 June 12, 2007. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 245-0305. [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), RTD 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 RTD's filing of a notice of 
consummation by June 7, 2008, 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: May 31, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10868 Filed 6-6-07; 8:45 am]
BILLING CODE 4915-01-P