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Colorado Springs & Eastern Railroad Company--Abandonment Exemption--in El Paso County, CO

Note: EPA no longer updates this information, but it may be useful as a reference or resource.


[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Notices]
[Page 1262-1263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja08-75]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1007X]

Colorado Springs & Eastern Railroad Company--Abandonment
Exemption--in El Paso County, CO

    Colorado Springs & Eastern Railroad Company (CS&E) has filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 3.3-mile line of railroad between milepost 602.70 and
milepost 599.40, in Colorado Springs, El Paso County, CO. The line
traverses United States Postal Service Zip Codes 80901, 80903, 80904,
80905, 80906, 80907, 80908, 80909, 80910, and 80911.
    CS&E has certified that: (1) No local traffic has moved over the
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 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 of 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 February 6, 2008, unless stayed pending
reconsideration.\1\ 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 January 17, 2008. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by January 28, 2008, with: Surface Transportation Board, 395 E Street,
SW., Washington, DC 20423-0001.\4\
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    \1\ Although CS&E has indicated an effective date of January 21,
2008, the earliest this transaction may be consummated is February
6, 2008. See 49 CFR 1152.50(d)(2). Staff has informed CS&E's
attorney of this discrepancy.
    \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\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ CS&E states in its notice that it ``has leased, and is in
the process of selling, the property on which the line is located to
the City of Colorado Springs for a public recreation hike/bike
trail.'' CS&E is reminded that any such action cannot take place
prior to the effectiveness of this exemption, including the
completion of the OFA process and the handling of any requests for
public use or trail use.
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    A copy of any petition filed with the Board should be sent to
CS&E's representative: Monica Kadrmas, Moye White LLP, 1400 16th
Street, 6th Floor, Denver, CO 80202.
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    CS&E 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 January
11, 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), CS&E 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 CS&E's filing of a notice of
consummation by January 7, 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: January 2, 2008.

[[Page 1263]]

    By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E8-8 Filed 1-4-08; 8:45 am]
BILLING CODE 4915-01-P

 
 

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