[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18434-18435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8855]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1033X]


Murray-Calloway Economic Development Corporation--Abandonment 
Exemption--in Marshall and Calloway Counties, KY

    Murray-Calloway Economic Development Corporation (EDC) has filed a 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon a 7.34-mile line of railroad between milepost 
30, near Hardin, Marshall County, KY, and milepost 37.34, near Murray, 
Calloway County, KY. The line traverses United States Postal Service 
Zip Codes 42020, 42036, 42048, and 42071.\1\
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    \1\ EDC acquired the line from Hardin Southern Railroad in 
Murray-Calloway Economic Development Corporation--Acquisition 
Exemption-Hardin Southern Railroad, Inc., STB Finance Docket No. 
34742 (STB served Sept. 7, 2005). EDC has not operated service over 
the line and its remaining line is currently leased to another 
operator.

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[[Page 18435]]

    EDC has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no overhead traffic on 
the line since EDC acquired it in 2005, and any previous overhead 
traffic has been 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 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 May 22, 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 
May 4, 2009. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 12, 2009, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \2\ ESC originally indicated that it would consummate the 
abandonment on or after May 21, 2009. But counsel for EDC has been 
notified that the earliest this transaction may be consummated is 
May 22, 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).
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    A copy of any petition filed with the Board should be sent to EDC's 
representative: Eric M. Hocky, Thorp, Reed & Armstrong, LLP, One 
Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 
19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    EDC has filed a combined environmental and historic report 
addressing the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by April 27, 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), EDC 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 EDC's filing of a notice of 
consummation by April 22, 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: April 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-8855 Filed 4-21-09; 8:45 am]
BILLING CODE 4915-01-P