Federal Register, Volume 75 Issue 26 (Tuesday, February 9, 2010)

[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6432-6433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2746]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1052X]


Almanor Railroad Company--Abandonment Exemption--in Plumas and 
Lassen Counties, CA

    Almanor Railroad Company (AL) filed a notice of exemption under 49 
CFR 1152 Subpart F--Exempt Abandonments to abandon a 12.3-mile line of 
railroad between milepost 0.0 in Chester, and milepost 12.3 near Clear 
Creek, in Plumas and Lassen Counties, CA. The line traverses United 
States Postal Service Zip Code 96020.
    AL has certified that: (1) No local traffic has been handled to or 
from any customer over the rail line for at least 2 years; (2) any 
overhead traffic on the line can be rerouted over other lines; (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.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on March 11, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
February 19, 2010. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 1, 2010, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \1\ 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.
    \2\ 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 AL's 
representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N Street, NW., 
8th Floor, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    AL has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by February 
12, 2010. 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), AL 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 AL's filing of a notice of consummation by 
February 9, 2011, and there are no legal or regulatory barriers to

[[Page 6433]]

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: February 4, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-2746 Filed 2-8-10; 8:45 am]
BILLING CODE 4915-01-P