[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Page 20819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8863]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB-1075X]


Manufacturers Railway Company--Discontinuance Exemption--in St. 
Louis County, MO

    On March 24, 2011, Manufacturers Railway Company (MRS) \1\ filed 
with the Surface Transportation Board a petition under 49 U.S.C. 10502 
for exemption from the prior approval requirements of 49 U.S.C. 10903 
to discontinue service over all tracks and yards located within the 
area bordered by Cedar Street on the north to Zepp Street on the south; 
and Mississippi River flood wall on the east to U.S. Interstate 55 on 
the west, in St. Louis, Mo. The lines traverse U.S. Postal Service Zip 
Code 63118. MRS intends to discontinue service over its lines but does 
not intend, at this point, to remove the trackage or rail assets 
comprising the lines.
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    \1\ MRS is owned by Anheuser-Busch Companies, Inc.
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    According to MRS, the lines do not contain any Federally granted 
rights-of-way. Any documentation in MRS's possession will be made 
available promptly to those requesting it.
    MRS asserts that, because its petition seeks discontinuance 
covering MRS's entire rail system and because MRS has no corporate 
affiliate that will continue substantially similar rail operations or a 
corporate parent that will realize substantial financial benefits over 
and above relief from the burden of deficit operations by its 
subsidiary railroad, labor protective conditions should not be imposed. 
MRS requests that the Board follow its established practice regarding 
labor conditions in entire system discontinuances. The United 
Transportation Union, the Brotherhood of Maintenance of Way Employes 
Division-International Brotherhood of Teamsters, and the International 
Association of Machinists and Aerospace Workers have filed separate 
statements or comments in opposition to the petition, asserting that 
affected employees are entitled to labor protection. The Board will 
consider and address comments on the petition, including comments 
regarding labor protection, in its final decision on the merits.
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by July 12, 2011.
    Because this is a discontinuance proceeding and not an abandonment, 
OFAs to purchase the line for continued rail service are not 
appropriate. Any offer of financial assistance (OFA) under 49 CFR 
1152.27(b)(2) to subsidize continued rail service will be due no later 
than 10 days after service of a decision granting the petition for 
exemption. Each offer must be accompanied by a $1,500 filing fee. See 
49 CFR 1002.2(f)(25).
    Because this is a discontinuance proceeding and not an abandonment, 
a trail use/rail banking condition, under 16 U.S.C. 1247(d), and a 
public use condition, under 49 U.S.C. 10905, are not appropriate. 
Additionally, no environmental or historic documentation is required 
under 49 CFR 1105.6(c)(2) and 1105.8.
    All filings in response to this notice must refer to Docket No. AB-
1075X, and must be sent to: (1) Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001; and (2) Paul A. Cunningham, 
Harkins Cunningham LLP, 1700 K Street, NW., Suite 400, Washington, DC 
20006-3804. Replies to the petition are due on or before May 3, 2011.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0230 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 8, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-8863 Filed 4-12-11; 8:45 am]
BILLING CODE 4915-01-P