[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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