[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Notices]
[Pages 40705-40706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19832]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-476 (Sub-No. 1X)]
PL&W, Inc.--Abandonment Exemption--in Columbiana County, OH and
Beaver County, PA
PL&W, Inc. (PL&W) has filed a notice of exemption under 49 CFR 1152
Subpart F--Exempt Abandonments to abandon its entire line of railroad
between milepost 0.0 at Negley, in Columbiana County, OH, and the end
of the Smith's Ferry Branch at Smith's Ferry, in Beaver County, PA, a
distance of 9.0 miles.2
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\2\ Under 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. PL&W's verified
notice indicated a proposed consummation date of July 31, 1996.
Because the verified notice was not filed until July 16, 1996,
consummation should not have been proposed to take place prior to
September 4, 1996. PL&W's representative has confirmed that the
correct consummation date is on or after September 4, 1996.
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PL&W has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead
[[Page 40706]]
traffic on the line; (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 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.
Where, as here, the carrier is abandoning its entire line, the
Board does not normally impose labor protection under 49 U.S.C.
10505(g) unless the evidence indicates the existence of a corporate
affiliate that will: (1) Continue rail operations; or (2) realize
significant benefits in addition to being relieved of the burden of
deficit operations by its affiliated railroad. See T and P Rwy.--
Aband.--in Shawnee, Jefferson, and Atchison Counties, KS, Docket No.
AB-381, et al. (ICC served Apr. 27, 1993). Because these conditions do
not appear to exist here, employee protection conditions will not be
imposed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 4, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.29 5 must be filed by August 15, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by August 26, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
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\3\ 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.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ The Board will accept late-filed trail use requests so 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: Richard R. Wilson, Esq., Vuono & Gray, 2310
Grant Building, Pittsburgh, PA 15219.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
PL&W 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 August 9, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: July 30, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-19832 Filed 8-2-96; 8:45 am]
BILLING CODE 4915-00-P
