[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71125-71126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29591]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1076X]


Caddo Valley Railroad Company--Abandonment Exemption--in Clark, 
Pike, and Montgomery Counties, AR

    Caddo Valley Railroad Company (CVRR) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon the portion of the Norman Branch Line extending between 
milepost 447, near Antoine, to milepost 479.2, at the end of the line 
near Birds Mill, a distance of 32.2 miles, in Clark, Pike, and 
Montgomery Counties, Ark. (the line).\1\ The line traverses United 
States Postal Service Zip Codes 71921, 71922, 71940, and 71943.
---------------------------------------------------------------------------

    \1\ On November 9, 2011, CVRR filed a letter with the Board 
attaching a letter dated October 7, 2011, from counsel for Arkansas 
Midland Railroad Company, Inc. (AKMD). AKMD notes that CVRR acquired 
the Norman Branch, which includes the line at issue here, from AKMD 
under the Board's feeder line statute at 49 U.S.C. 10907. See Caddo 
Antoine & Little Mo. R.R.--Feeder Line Acquis.--Ark. Midland R.R. 
Co. Line Between Gurdon & Birds Mill, Ark., 4 S.T.B. 326 (1999). 
AKMD further states that on September 29, 2011, AKMD reacquired from 
CVRR the segment of the Norman Branch between milepost 426.88 in 
Gurdon and milepost 429.45 north of Gurdon and, as part of the same 
transaction, waived its statutory right of first refusal with 
respect to the rest of the Norman Branch. See 49 U.S.C. 10907(h).
---------------------------------------------------------------------------

    CVRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) the line is stub-ended and not capable 
of handling overhead traffic; (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. CVRR has further certified that 
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.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 December 16, 2011, 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 November 28, 2011. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 6, 2011, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ CVRR indicated a proposed consummation date of December 12, 
2011. The earliest this transaction may be consummated is December 
16, 2011. See 49 CFR 1152.50(d)(2).
    \3\ 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.
    \4\ 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 
CVRR's representative: Richard H. Streeter, 5255 Partridge Lane NW., 
Washington, DC 20016.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CVRR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by November 21, 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 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), CVRR 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 71126]]

consummation has not been effected by CVRR's filing of a notice of 
consummation by November 16, 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: November 10, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2011-29591 Filed 11-15-11; 8:45 am]
BILLING CODE 4915-01-P