[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