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Denver & Rio Grande Railway Historical Foundation--Adverse Abandonment--in Mineral County, CO

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[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Notices]
[Page 930-931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja08-64]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1014]

Denver & Rio Grande Railway Historical Foundation--Adverse
Abandonment--in Mineral County, CO

    On December 17, 2007, the City of Creede, CO (the City), filed an
application under 49 U.S.C. 10903, requesting that the Surface
Transportation Board (Board) authorize the third-party or adverse
abandonment of approximately 1.0 mile of rail line, extending from near
milepost 320.9 to near milepost 319.9, a run-around track, and a spur
track (the Line), all located in the City, in Mineral County, CO. The
Line is owned by the Denver & Rio Grande Railway Historical Foundation
(D&RGHF).\1\ The Line traverses United States Postal Service Zip Code
81130, and includes no stations.
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    \1\ D&RGHF acquired the Line through an offer of financial
assistance (OFA). See Union Pacific Railroad Company--Abandonment
Exemption--in Rio Grande and Mineral Counties, CO, STB Docket No.
AB-33 (Sub-No. 132X) (STB served May 11, 1999).
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    The City states that there has been no rail service or request for
service over the Line since approximately 1970 and claims that there is
no foreseeable need for rail service. Additionally, the City asserts
that, since D&RGHF acquired the Line, D&RGHF has yet to identify any
shippers or operate any trains.
    In a decision served in this proceeding on October 18, 2007, the
City was granted exemptions from several statutory provisions as well
as waivers of certain Board regulations at 49 CFR 1152 that were not
relevant to its adverse abandonment application or that sought
information not available to it. Specifically, the City was granted a
fee waiver; waivers of and exemptions from the notice requirements at
49 CFR 1152.20(a)(2), 49 U.S.C. 10903(a)(3)(D), 49 CFR 1152.20(a)(3),
49 U.S.C. 10903(a)(3)(B), and 49 CFR 1152.21; waivers of and exemptions
from the application requirements of 49 CFR 1152.22(a)(5), 49 U.S.C.
10903(c), 49 CFR 1152.22(b) (except that the City must submit evidence
on the physical condition of the Line other than information regarding
cost of deferred maintenance and needed rehabilitation), 49 CFR
1152.22(d), and 49 CFR 1152.29(e)(2); waivers of and exemptions from
the OFA requirements and public use procedures at 49 CFR 1152.27-28 and
49 U.S.C. 10904-05; and waiver of portions of the Federal Register
notice language requirements at 49 CFR 1152.22(i).

[[Page 931]]

    A portion of the track is on a Federally issued right-of-way.
According to the City, the land underlying the Federal right-of-way in
the city limits was deeded to the City by the United States in 1901,
subject to the right-of-way grant. The City states that it also owns
the land adjacent to the Line and asserts that it has reversionary
interests in the Line under state law. Any documentation in the City's
possession will be made available promptly to those requesting it. The
City states that it filed its entire case for abandonment with its
application.
    The interests of affected railroad employees, if there are any
employees on the Line, will be protected by the conditions set forth in
Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the
proposed abandonment or protests (including the protestant's entire
opposition case), by January 31, 2008. The City's reply is due by
February 15, 2008. Because this is an adverse abandonment proceeding,
OFAs and public use requests are not appropriate and will not be
entertained.
    The Board has not yet had occasion to decide whether the issuance
of a certificate of interim trail use in an adverse abandonment would
be consistent with the grant of such an application. Accordingly, any
request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR
1152.29) must be filed by January 31, 2008, and should address that
issue. Each trail use request must be accompanied by a $200 filing fee.
See 49 CFR 1002.2(f)(27).
    Persons opposing the proposed abandonment who wish to participate
actively and fully in the process should file a protest. Persons who
may oppose the abandonment but who do not wish to participate fully in
the process by submitting verified statements of witnesses containing
detailed evidence should file comments. Persons seeking information
concerning the filing of protests should refer to 49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No.
AB-1014 and must be sent to: (1) Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001; (2) Ronald M. Johnson, Akin,
Gump, Strauss, Hauer & Feld LLP, 1333 New Hampshire Ave., NW.,
Washington, DC 20036; and (3) Clyde Dooley, City Manager, City of
Creede, P.O. Box 457, Creede, CO 81130. Filings may be submitted either
via the Board's e-filing format or in the traditional paper format. Any
person using e-filing should comply with the instructions found on the
Board's http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any
person submitting a filing in the traditional paper format should send
the original and 10 copies of the filing to the Board with a
certificate of service. Except as otherwise set forth in 49 CFR part
1152, every document filed with the Board must be served on all parties
to this adverse abandonment proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by the Board's Section of Environmental
Analysis (SEA) will be served upon all parties of record and upon any
agencies or other persons who commented during its preparation. Any
other persons who would like to obtain a copy of the EA (or EIS) may
contact SEA. EAs in these abandonment proceedings normally will be made
available within 33 days of the filing of the application. The deadline
for submission of comments on the EA will generally be within 30 days
of its service. The comments received will be addressed in the Board's
decision. A supplemental EA or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Governmental and Public
Affairs at (202) 245-0230 or refer to the full abandonment/
discontinuance regulations at 49 CFR 1152. Questions concerning
environmental issues may be directed to SEA 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: December 28, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-25588 Filed 1-3-08; 8:45 am]
BILLING CODE 4915-01-P

 
 

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