[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62729-62730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21708]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-204 (Sub-No. 2X)]


Cape Fear Railways, Inc.--Abandonment Exemption--in Cumberland 
County, NC

    Cape Fear Railways, Inc. (CF), has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 4.9-
mile rail line, referred to as the Skibo-Fort Bragg line, from Skibo to 
the southern border of the Fort Bragg line, also known as the Skibo A&R 
line, in Cumberland County, NC. The line traverses United States Postal 
Service Zip Code 28301.
    CF has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to 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 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 December 6, 2007, 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

[[Page 62730]]

1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by November 16, 2007. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 26, 2007, with the Surface Transportation Board, 395 E 
Street, SW., 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 
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 CF's 
representative: Evelyn M. Suarez and Williams Mullen, A Professional 
Corporation, 1666 K Street, NW., Suite 1200, Washington, DC 20006.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CF has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by November 9, 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), CF 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 CF's filing of a notice of consummation by 
November 6, 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: October 29, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-21708 Filed 11-5-07; 8:45 am]
BILLING CODE 4915-01-P