[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17416-17417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6445]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-325 (Sub-No. 4X)]


Florida Midland Railroad Company, Inc.--Abandonment Exemption--in 
Sumter County, FL

    Florida Midland Railroad Company, Inc. (FMID),\1\ has filed a 
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon a 4.0-mile line of railroad between milepost 
ST-762.10 in Wildwood and milepost ST-766.10 (the end of the track) 
near Orange Home, known as the Wildwood Branch, in Sumter County, 
FL.\2\ The line traverses United States Postal Service Zip Code 34785.
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    \1\ FMID is a wholly owned subsidiary of Pinsly Railroad 
Company, a noncarrier holding company.
    \2\ In STB Docket No. AB-325 (Sub-No. 2X), Florida Midland 
Railroad Company--Abandonment Exemption--in Sumter and Lake 
Counties, FL, FMID had filed a petition for exemption for 
abandonment of a line of railroad that included the Wildwood Branch. 
In a decision served on February 23, 2001, the Board granted the 
exemption, but FMID chose not to consummate the abandonment, and the 
authorization expired.
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    FMID 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 (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 
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 May 1, 2008, 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 
April 11, 2008.\5\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 21, 2008,\6\ 
with the Surface Transportation Board, 395 E Street, SW., 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 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \5\ FMID notes in its verified notice of exemption that it is 
committed to consummating the abandonment as part of a settlement 
agreement with adjoining land owners.
    \6\ FMID states that it does not own the realty underlying the 
Wildwood Branch and that it believes that the public use condition 
would be unavailable based on Board precedent, citing Florida 
Central Railroad Company, Inc.--Abandonment Exemption--in Seminole 
County, FL, Docket No. AB-319X (ICC served Dec. 20, 1989).
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    A copy of any petition filed with the Board should be sent to 
FMID's representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    FMID has filed a combined environmental and historic report 
addressing the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by April 4, 2008. 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), FMID shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If

[[Page 17417]]

consummation has not been effected by FMID's filing of a notice of 
consummation by April 1, 2009, 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: March 24, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-6445 Filed 3-31-08; 8:45 am]
BILLING CODE 4915-01-P