[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Notices]
[Page 3696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1184]



[[Page 3696]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 449 (Sub-No. 3X)]


Western Kentucky Railway, LLC--Abandonment Exemption--in Webster, 
Union, Caldwell and Crittenden Counties, KY

    Western Kentucky Railway, LLC (WKRL) filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon all 5 of its remaining lines of railroad in Webster, Union, 
Caldwell, and Crittenden Counties, KY.\1\ The lines are described as 
follows: (1) Between milepost 48.0 at Dekoven and milepost 62.5 at 
Blackford; (2) between milepost 0.0 at Blackford and milepost 3.8 at 
Pyro Wye and between milepost 3.8 and milepost 8.5 at Clay; (3) between 
milepost 0.0 at Costain Prep Plant and milepost 9.5 at Providence; (4) 
the Wheatcroft loop track, which connects line 2 and line 3 described 
above, between milepost 0.8 +/- on line 3 and running north towards 
milepost 5.6 +/- and milepost 6.0 +/- on line 2; and (5) between 
milepost 0.0 at Costain Prep Plant and milepost 5.5 at Caney Creek. The 
line traverses United States Postal Service Zip Codes 42404, 42450, 
42459, and 42604.
---------------------------------------------------------------------------

    \1\ WKRL originally filed its notice of exemption on December 
29, 2010. However, on January 7, 2011, WKRL supplemented its notice 
to include a description of the Wheatcroft loop track, which was 
omitted in its original filing. Accordingly, January 7, 2011, is the 
official filing date.
---------------------------------------------------------------------------

    WKRL has certified that: (1) No local traffic has moved over the 
lines for at least 2 years; (2) there is no overhead traffic on the 
subject lines because the subject lines are not ``through lines''; (3) 
no formal complaint filed by a user of rail service on the lines (or by 
a state or local government entity acting on behalf of such user) 
regarding cessation of service over the lines 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(c) (environmental 
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.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Honey Creek R.R.-Aban. 
Exemption.-in Henry County, Ind., AB 865X (STB served Aug. 20, 2004); 
Wellsville, Addison & Galeton R.R.-Aban., 354 I.C.C. 744 (1978); and 
Northampton and Bath R.R.-Aban., 354 I.C.C. 784 (1978). Because HCR 
does not appear to have a corporate affiliate or parent that will 
continue similar operations or that could benefit from the proposed 
abandonment, employee protection conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on February 26, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
January 31, 2011. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 9, 2011, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
WKRL's representative: Eric M. Hocky, Thorp Reed & Armstrong, LLP, One 
Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 
19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WKRL has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by February 1, 2011. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA, 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), WKRL 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 WKRL's filing of a notice of 
consummation by January 20, 2012, 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: January 13, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-1184 Filed 1-19-11; 8:45 am]
BILLING CODE 4915-01-P