[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Notices]
[Pages 55594-55595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22513]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1067 (Sub-No. 2X)]


General Railway Corporation d/b/a Iowa Northwestern Railroad--
Abandonment Exemption--in Osceola and Dickinson Counties, IA

    General Railway Corporation d/b/a Iowa Northwestern Railroad (IANW) 
has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon an approximately 36.9-mile line of railroad 
extending between milepost 215.4, west of Mackenzie Junction, and 
milepost 252.3, west of Braaksma, in Dickinson and Osceola Counties, 
IA.\1\ The line traverses United States Postal Service Zip Codes 51249, 
51345, 51347, 51354, 51360 and 51363.
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    \1\ IANW's notice was filed on September 5, 2008. On September 
18, 2008, IANW supplemented its filing by clarifying its 
certification requirement under 49 CFR 1152.50(b).
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    IANW has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 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.

[[Page 55595]]

    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on October 25, 2008, 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 
October 6, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 15, 2008, 
with: 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 
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.
    \3\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    A copy of any petition filed with the Board should be sent to 
IANW's representative: John F. Larkin, President, Iowa Northwestern 
Railroad, 4814 Douglas Street, Omaha, NE 68132.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IANW 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 September 30, 2008. 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), IANW 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 IANW's filing of a notice of 
consummation by September 25, 2009, 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: September 19, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-22513 Filed 9-24-08; 8:45 am]
BILLING CODE 4915-01-P