[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Notices]
[Pages 4519-4520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2198]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-192 (Sub-No. 1)]
The Birmingham Southern Railroad Company; Abandonment and
Discontinuance of Trackage Rights in Jefferson County, AL
On January 9, 1998, the Birmingham Southern Railroad Company (BS)
amended an application it filed with the Surface Transportation Board
(Board) on December 22, 1997, to abandon a portion of its line of
railroad known as the Birmingham Branch, extending from BS Milepost
146+97.22 near East Thomas Station to the end of the line near
Birmingham Station, a distance of 3.869 miles, in Jefferson County, AL;
1 and to discontinue its trackage rights over Norfolk
Southern Railway Company's (NSR) line between NSR's Mileposts 143 and
144 near Birmingham Station, a distance of .614 miles in Jefferson
County, AL. The trackage rights include the right of BS to travel over
approximately 500 feet of main line track over which NSR continues to
maintain traffic, and approximately 2,741 feet of yard track which was
removed by NSR approximately 10 years ago. The line includes only one
station, Birmingham Station No. 605, near BS Milepost 25+67.42 and
[[Page 4520]]
traverses United States Postal Service ZIP Codes 35203, 35204 and
35233.
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\1\ BS amended its original filing to clarify that the portion
of the Birmingham Branch sought to be abandoned consists of only two
segments: (1) The Birmingham Running Track, extending a distance of
2.78 miles between BS station 0+00 and BS station 146+97.22; and (2)
the Birmingham Yard, extending a distance of 1.08 miles between BS
station 0+00 and BS station 56+83.94. BS maintains that a third
segment originally included in its December 22, 1997 filing (the
Ingalls Iron Works Track, extending a distance of .29 miles between
BS station 3+20.28 and BS station 18+41.48), is actually exempt
industry/switching track that should not have been included in the
abandonment application. Accordingly, BS does not seek abandonment
authorization for the Ingalls Iron Works Track. The abandonment
application will be deemed to have been filed on January 9, 1998,
the date the clarification was filed, and hence the procedural
schedule will run from that date.
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The line does not contain federally granted rights-of way. Any
documentation in the railroad's possession will be made available
promptly to those requesting it. The applicant's entire case for
abandonment and discontinuance was filed with the application.
The Birmingham Branch has appeared on the applicant's system
diagram map or has been included in its narrative in category 1 since
1990.
The interest of railroad employees will be protected by the
conditions in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C.
91 (1979).
Any interested person may file with the Board written comments
concerning the proposed abandonment and discontinuance or protests
(including the protestant's entire opposition case), by February 23,
1998. All interested persons should be aware that following any
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 U.S.C. 10905 (49 CFR 1152.28) or
for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must
be filed by February 23, 1998. Each trail use request must be
accompanied by a $150 filing fee. See 49 CFR 1002.2(f)(27). The
applicant's reply to any opposition statements and its response to
trail use requests must be filed by March 10, 1998. See 49 CFR
1152.26(a).
Persons opposing the proposed abandonment and discontinuance that
wish to participate actively and fully in the process should file a
protest. Persons who may oppose the abandonment and discontinuance but
who do not wish to participate fully in the process by appearing at any
oral hearings or by submitting verified statements of witnesses
containing detailed evidence should file comments. Persons interested
only in seeking public use or trail use conditions should also file
comments.
In addition, a commenting party or protestant may provide:
(i) An offer of financial assistance (OFA) for continued rail
service under 49 U.S.C. 10904 (due 120 days after the application is
filed or 10 days after the application is granted by the Board,
whichever occurs sooner);
(ii) Recommended provisions for protection of the interests of
employees;
(iii) A request for a public use condition under 49 U.S.C. 10905;
and
(iv) A statement pertaining to prospective use of the right-of way
for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49
CFR 1152.29.
All filings in response to this notice must refer to STB Docket No.
AB-192 (Sub-No. 1) and must be sent to: (1) Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001; and (2) Maria A. Sandala, Attorney, 135
Jamison Lane, P.O. Box 68, Monroeville, PA 15146. The original and 10
copies of all comments or protests shall be filed with the Board with a
certificate of service. Except as otherwise set forth in part 1152,
every document filed with the Board must be served on all parties to
the abandonment proceeding. 49 CFR 1104.12(a).
The lines sought to be abandoned and discontinued will be available
for subsidy or sale for continued rail use if the Board decides to
permit the abandonment and discontinuance in accordance with applicable
laws and regulations (49 U.S.C. 10904 and 49 CFR 1152.27). Each OFA
must be accompanied by a $900 filing fee. See 49 CFR 1002.2(f)(25). No
subsidy arrangement approved under 49 U.S.C. 10904 shall remain in
effect for more than 1 year unless otherwise mutually agreed by the
parties (49 U.S.C. 10904(f)(4)(B)). Applicant will promptly provide
upon request to each interested party an estimate of the subsidy and
minimum purchase price required to keep the line in operation. The
carrier's representative to whom inquiries may be made concerning sale
or subsidy terms is Mr. J. L. Neis, General Superintendent, Birmingham
Southern Railroad Company, 6200 E. J. Oliver Blvd., P.O. Box 579,
Fairfield, AL 35064.
Persons seeking further information concerning the abandonment and
discontinuance procedures may contact the Board's Office of Public
Services at (202) 565-1592 or refer to the full abandonment or
discontinuance regulations at 49 CFR part 1152. Questions concerning
environmental issues may be directed to the Board's Section of
Environmental Analysis (SEA) at (202) 565-1545. [TDD for the hearing
impaired is available at (202) 565-1695.]
An environmental sessment (EA) (or environmental impact statement
(EIS), if necessary), prepared by SEA 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 SEA to obtain a
copy of the EA (or EIS). EAs in 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.
Decided: January 22, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-2198 Filed 1-28-98; 8:45 am]
BILLING CODE 4915-00-P
