[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Page 40281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19280]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-570 (Sub-No. 3X)]


Palouse River & Coulee City Railroad, Inc.--Abandonment 
Exemption--in Latah County, ID

    Palouse River & Coulee City Railroad, Inc. (PRCC) has filed a 
verified notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon 2.98 miles of rail line consisting of the 
following three segments between: (1) Milepost 84.0, at the Washington-
Idaho State line, and milepost 85.91, in Moscow, ID; (2) milepost 86.11 
and milepost 86.9, in Moscow; and (3) milepost 85.5 and the end of the 
line at the intersection of A Street and Almon Street, in Moscow, Latah 
County, ID.\1\ The line traverses United States Postal Service Zip Code 
83843.
---------------------------------------------------------------------------

    \1\ PRCC's segment located between milepost 85.91 and milepost 
86.11 was authorized for abandonment in Palouse River & Coulee City 
Railroad. Inc.--Abandonment Exemption--in Latah County, ID (STB 
served August 17, 2007).
---------------------------------------------------------------------------

    PRCC has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can 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 September 10, 2009, unless stayed pending 
reconsideration.\2\ 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 August 21, 2009. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 31, 2009, with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ 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. PRCC has 
indicated a proposed consummation date of September 9, 2009, but, 
because the verified notice was filed on July 22, 2009, consummation 
may not take place prior to September 10, 2009.
    \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 $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
PRCC's representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., 
Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PRCC has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by August 
14, 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), PRCC 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 PRCC's filing of a notice of 
consummation by August 11, 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: August 6, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-19280 Filed 8-10-09; 8:45 am]
BILLING CODE 4915-01-P