[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Pages 7637-7638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3229]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-43 (Sub-No. 182X)]


Illinois Central Railroad Company--Abandonment Exemption--in 
Grenada County, MS

    Illinois Central Railroad Company (IC) \1\ has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.20-mile line of railroad between milepost 311.90 and milepost 313.10, 
in Grenada, Grenada County, MS.\2\ The line traverses United States 
Postal Service Zip Code 38901.
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    \1\ IC is a wholly owned subsidiary of Canadian National Railway 
Company.
    \2\ IC originally filed its verified notice of exemption on 
January 8, 2009. However, the notice did not contain all of the 
information required under 49 CFR 1152.50. At the request of Board 
staff, on January 29, 2009, IC filed a supplement to its notice. 
Accordingly, January 29, 2009, will be considered the official 
filing date.
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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 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 (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 March 20, 2009, 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 
March 2, 2009.\6\ Petitions to reopen or requests

[[Page 7638]]

for public use conditions under 49 CFR 1152.28 must be filed by March 
10, 2009, with: Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001.
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    \3\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. A Board staff 
member has informed IC that, because the official filing date of the 
notice is now January 29, 2009, consummation may not take place 
prior to March 20, 2009.
    \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\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection With Licensing and Related Services--2008 Update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
    \6\ IC notes, however, that it does not believe that the right-
of-way would be of interest to the State of Mississippi or any other 
entity for public use because the right-of-way is situated in a 
developed urban area with a mature roadway system.
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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 Avenue, Homewood, IL 
60430-1345.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IC 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 February 23, 2009. 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 
February 18, 2010, 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: February 10, 2009.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-3229 Filed 2-17-09; 8:45 am]
BILLING CODE 4915-01-P