[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Page 34357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13328]



[[Page 34357]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-43 (Sub-No. 181X)]


Illinois Central Railroad Company--Abandonment Exemption--in 
Ballard County, KY

    Illinois Central Railroad Company (IC), \1\ has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon approximately 1.66 miles of its rail line 
between mileposts 364.54 and 366.20, in Wickliffe, Ballard County, 
KY.\2\ The line traverses United States Postal Service Zip Code 42087.
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    \1\ IC is a wholly owned subsidiary of Canadian National Railway 
Company.
    \2\ IC states that the involved line parallels its historic main 
line and did not provide access to any new shippers upon its 
acquisition, and that IC has been operating the line as a passing 
siding for several decades. IC indicates that this filing was made 
out of an abundance of caution as to whether abandonment authority 
or an exemption is required prior to removal of the track.
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    IC 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; (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 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 July 17, 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 
June 27, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 7, 2008, 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).
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    A copy of any petition filed with the Board should be sent to IC's 
representative: Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 
60430-4381.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IC has filed both an environmental report and a historic report 
that address the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by June 20, 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), IC 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 IC's filing of a notice of consummation by June 
17, 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: June 6, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-13328 Filed 6-12-08; 8:45 am]
BILLING CODE 4915-01-P