97-11032. Illinois Central Railroad CompanyAbandonment Exemptionin Forrest and Lamar Counties, MS  

  • [Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
    [Notices]
    [Page 23292]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-11032]
    
    
    
    [[Page 23292]]
    
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    DEPARTMENT OF TRANSPORTATION
    
    Surface Transportation Board
    [STB Docket No. AB-43 (Sub-No. 170X)]
    
    
    Illinois Central Railroad Company--Abandonment Exemption--in 
    Forrest and Lamar Counties, MS
    
        Illinois Central Railroad Company (IC) has filed a notice of 
    exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
    1.94 miles of its line of railroad, known as the Hattiesburg-Varnado 
    Switch, between milepost MH-3.06 near Hattiesburg, and milepost MH-5.00 
    near Varnado Switch, in Forrest and Lamar Counties, MS.
        IC has certified that: (1) No local traffic has moved over the line 
    for at least 2 years; (2) overhead traffic has been 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 (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 
    reports), 49 CFR 1105.8 (historic reports), 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 May 30, 1997, 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 \3\ must be filed 
    by May 12, 1997. Petitions to reopen or requests for public use 
    conditions under 49 CFR 1152.28 must be filed by May 20, 1997, with: 
    Office of the Secretary, Case Control Unit, Surface Transportation 
    Board, 1925 K Street, NW., Washington, DC 20423.
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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 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 offer of financial assistance must be accompanied by 
    the filing fee, which currently is set at $900. See 49 CFR 
    1002.2(f)(25).
        \3\ The Board will accept late-filed trail use requests as long 
    as the abandonment has not been consummated and the abandoning 
    railroad is willing to negotiate an agreement.
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        A copy of any petition filed with the Board should be sent to 
    applicant's representative: Anne E. Keating, General Solicitor, 
    Illinois Central Railroad Company, 455 North Cityfront Plaza Drive, 
    20th Floor, Chicago, IL 60611.
        If the verified notice contains false or misleading information, 
    the exemption is void ab initio.
        IC has filed an environmental report which addresses the 
    abandonment's effects, if any, on the environment and historic 
    resources. The Section of Environmental Analysis (SEA) will issue an 
    environmental assessment (EA) by May 5, 1997. Interested persons may 
    obtain a copy of the EA by writing to SEA (Room 500, Surface 
    Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
    565-1545. 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), IC 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 IC's filing of a notice of consummation by April 
    30, 1998, and there are no legal or regulatory barriers to 
    consummation, the authority to abandon will automatically expire.
    
        Decided: April 22, 1997.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 97-11032 Filed 4-28-97; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
04/29/1997
Department:
Surface Transportation Board
Entry Type:
Notice
Document Number:
97-11032
Pages:
23292-23292 (1 pages)
Docket Numbers:
STB Docket No. AB-43 (Sub-No. 170X)
PDF File:
97-11032.pdf