[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)] [Notices] [Page 15337] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-8466] -----------------------------------------------------------------------1 DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-468X] Surface Transportation Board \1\ Paducah & Louisville Railway, Inc.--Abandonment Exemption--in Muhlenberg and Hopkins Counties, KY Paducah & Louisville Railway, Inc. (P&L) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 12.70 miles of its line of railroad between milepost J- 133.3 at Greenville and milepost J-146.0 at White Plains, in Muhlenberg and Hopkins Counties, KY.2 \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 Board jurisdiction pursuant to 49 U.S.C. 10903. \2\ Pursuant to 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. The applicant in its verified notice, indicated a proposed consummation date of May 2, 1996. Because the verified notice was not filed until March 18, 1996, however, consummation should have not been proposed to take place prior to May 7, 1996. Applicant's representative has been contacted and has confirmed that the correct consummation date is May 7, 1996. --------------------------------------------------------------------------- P&L has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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. 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) 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 5, 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 April 15, 1996. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 25, 1996, with: Office of the Secretary, Case Control Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC 20423. \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. --------------------------------------------------------------------------- A copy of any petition filed with the Board should be sent to applicant's representative: J. Thomas Garrett, Vice President & General Counsel, 1500 Kentucky Avenue, Paducah, KY 42003. If the verified notice contains false or misleading information, the exemption is void ab initio. P&L 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 April 10, 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: March 28, 1996. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 96-8466 Filed 4-4-96; 8:45 am] BILLING CODE 4915-00-P