[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Page 32714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13297]



[[Page 32714]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1088X]


Jackson, Gordonville and Delta Railroad Company--Abandonment 
Exemption--in Cape Girardeau County, MO

    Jackson, Gordonville and Delta Railroad Company (JGDR) has filed a 
verified notice of exemption under 49 CFR part 1152 subpart F-Exempt 
Abandonments to abandon approximately 13.3 miles of rail line between 
its southern terminus at milepost 149.4 in the City of Delta and its 
northern terminus at milepost 157.9 near Gordonville, in Cape Girardeau 
County, Mo. (the line).\1\ The line traverses United States Postal 
Service Zip Codes 63740, 63744, and 63752.
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    \1\ JGDR states that, due to the way the mileposts on the line 
historically were numbered, from milepost 149.4 at the City of Delta 
to milepost 147.0 at Allenville is approximately 2.4 miles, and from 
milepost 147.0 at Allenville to milepost 157.9 near Gordonville is 
10.9 miles, for a total of approximately 13.3 miles.
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    JGDR has certified that: (1) No local traffic has moved over the 
line for the past 2 years; (2) there is no overhead traffic on the line 
that has been, or would need to be, rerouted; (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(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 July 3, 2012, 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 
June 11, 2012. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 \4\ must be filed by June 21, 2012, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \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).
    \4\ JGDR states that it has undertaken no separate analysis to 
determine the line's suitability for use for other public purposes. 
It further states that it is unaware of any impediment or 
restriction of title that would bar the use of the line's right-of-
way for other public purposes.
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    A copy of any petition filed with the Board should be sent to 
JGDR's representative: W. Robert Alderson, Alderson, Alderson, Weiler, 
Conklin, Burghart & Crow, L.L.C., 2101 SW. 21st Street, Topeka, KS 
66604.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    JGDR 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 June 8, 2012. 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), JGDR 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 JGDR's filing of a notice of 
consummation by June 1, 2013, 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 
``www.stb.dot.gov.''

    Decided: May 25, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-13297 Filed 5-31-12; 8:45 am]
BILLING CODE 4915-01-P