[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Pages 1995-1996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1054]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-290 (Sub-No. 178X)]


Georgia Southern and Florida Railway Company; Abandonment 
Exemption in Mitchell and Worth Counties, GA

    Georgia Southern and Florida Railway Company (GS&F) has filed a 
notice of exemption under 49 CFR part 1152 Subpart F--Exempt 
Abandonments to abandon an 18-mile rail line extending between milepost 
GS-75.0 at Bridgeboro and milepost GS-93.0 at Camilla, in Mitchell and 
Worth Counties, GA.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to section 
10903. Therefore, this notice applies the law in effect prior to the 
Act, and citations are to the former sections of the statute, unless 
otherwise indicated.
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    GS&F has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic can be rerouted over 
other lines; (3) no formal complaint filed by a user of rail service on 
this line (or 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 any U.S. District Court or has been decided 
in favor of the complainant within the 2-year period; and (4) the 
requirements at 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 use of 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) [formerly 10505(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 23, 1996, unless stayed pending reconsideration. 
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 statements under 49 CFR 1152.29 must be filed by 
February 5, 1996.\4\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 13, 1996, 
with: Office of the Secretary, Case Control Branch, Surface 
Transportation Board, 1201 Constitution Avenue, NW, Washington, DC 
20423.

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board 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 stay should be filed as soon as 
possible so that the Board may take appropriate action before the 
exemption's effective date.
    \3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\ The Board will accept a late-filed trail use request 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: James R. Paschall, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    GS&F 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 January 29, 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 other trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.

    Decided: January 18, 1996.


[[Page 1996]]

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1054 Filed 1-23-96; 8:45 am]
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