|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN DESHA AND CHICOT COUNTIES, ARK.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT DELTA SOUTHERN RAILROAD, INC. FILED A PETITION FOR EXEMPTION FOR AUTHORITY TO ABANDON A 24.1-MILE RAIL LINE NEAR LAKE VILLAGE, IN DESHA AND CHICOT COUNTIES, ARK.|
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|Full Text of Decision|
41292 SERVICE DATE – DECEMBER 23, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 384 (Sub-No. 3X)]
Delta Southern Railroad, Inc.–Abandonment Exemption–in Desha and Chicot Counties, Ark.
On December 6, 2010, Delta Southern Railroad, Inc. (DSR), filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. § 10502 for exemption from the provisions of 49 U.S.C. § 10903 to abandon a 24.1-mile rail line between milepost 408.9 at or near McGehee and milepost 433.0 at or near Lake Village, in Desha and Chicot Counties, Ark. The line traverses United States Postal Service Zip Codes 71638, 71653, and 71654. There are no rail stations on the line.
The line does not contain federally granted rights-of-way. Any documentation in DSR’s possession will be made available promptly to those requesting it.
The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad–Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. § 10502(b). A final decision will be issued by March 25, 2011.
Any offer of financial assistance (OFA) under 49 C.F.R. § 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 C.F.R. § 1002.2(f)(25).
All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 C.F.R. § 1152.28 or for trail use/rail banking under 49 C.F.R. § 1152.29 will be due no later than January 12, 2011. Each trail use request must be accompanied by a $250 filing fee. See 49 C.F.R. § 1002.2(f)(27).
All filings in response to this notice must refer to Docket No. AB 384 (Sub‑No. 3X), and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1194. Replies to DSR’s petition are due on or before January 12, 2011.
Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 C.F.R. pt. 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1‑800-877-8339.]
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: December 20, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.