[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Rules and Regulations]
[Pages 34669-34670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16902]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1152

[STB Ex Parte No. 537]


Abandonment and Discontinuance of Rail Lines and Rail 
Transportation Under 49 U.S.C. 10903

AGENCY: Surface Transportation Board; Transportation.

ACTION: Final rules; amendment.

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SUMMARY: The ICC Termination Act of 1995 revised the law governing 
applications by rail carriers to abandon or discontinue service over 
lines of railroad and related offers of financial assistance that would 
continue rail service after approval of abandonment or discontinuance 
by the Surface Transportation Board (Board). Accordingly, by decision 
served December 24, 1996, the Board revised 49 CFR part 1152 to 
implement the changes and update the pertinent regulations, and to 
streamline the abandonment and discontinuance process consistent with 
the new law. The Board also made conforming changes to the 
environmental rules at part 1105. These new regulations, which were 
adopted following a notice and comment rulemaking proceeding, went into 
effect on January 23, 1997. The Board now makes some clarifying changes 
to the rules, makes delegations of authority that will permit agency 
employees to carry out certain responsibilities under these procedures, 
and corrects one typographical error.

EFFECTIVE DATE: These modifications and clarifying changes are 
effective July 27, 1997.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: The Board's decision adopting these 
modifications and clarifying changes is available to all persons for a 
charge by phoning DC News & Data, Inc., at (202) 289-4357.
    The Board certifies that these rules will not have a significant 
economic effect on a substantial number of small entities. The rules 
should result in streamlining, improving and updating the abandonment 
process while ensuring the opportunity for full public participation in 
our proceedings.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1152

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    Decided: June 18, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1152 of the Code of Federal Regulations is amended as follows:

PART 1152--ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL 
TRANSPORTATION UNDER 49 U.S.C. 10903

    1. The authority citation for part 1152 continues to read as 
follows:

    Authority: 5 U.S.C. 553, 559, and 704; 11 U.S.C. 1170; 16 U.S.C. 
1247(d) and 1248; and 49 U.S.C. 701 note (1995) (section 204 of the 
ICC Termination Act of 1995), 721(a), 10502, 10903-10905, and 11161.


Sec. 1152.24  [Amended]

    2. Section 1152.24(e)(2), third sentence, is amended by adding the 
phrase ``, through the Director of the Office of Proceedings,'' after 
the phrase ``in the Federal Register by the Board''.
    3. Section 1152.25(d)(6)(i) is amended by adding the following two 
sentences to the beginning of the paragraph:


Sec. 1152.25  Participation in abandonment or discontinuance 
proceedings.

* * * * *
    (d) * * *
    (6) * * *
    (i) Any oral hearing request is due 10 days after the filing of the 
application. The Board, through the Director of the Office of 
Proceedings, will issue a decision on any oral hearing request within 
15 days after the filing of the application.* * *
* * * * *
    4. Section 1152.26(b) is amended by adding the following two 
sentences to the end of the paragraph:

[[Page 34670]]

Sec. 1152.26  Board Determination under 49 U.S.C. 10903.

* * * * *
    (b) * * * Because Board action on abandonment applications by 
bankrupt railroads is advisory only, no environmental filings or 
analysis is necessary. See 49 CFR 1105.5(c).
    5. Section 1152.29(e)(2) is amended by adding the following two 
sentences to the end of the paragraph:


Sec. 1152.29  Prospective use of rights-of-way for interim trail use 
and rail banking.

    (e) * * *
    (2) * * * If, however, any legal or regulatory barrier to 
consummation exists at the end of the one-year time period, the notice 
of consummation must be filed not later than 60 days after 
satisfaction, expiration or removal of the legal or regulatory barrier. 
For good cause shown, a railroad may file a request for an extension of 
time to file a notice so long as it does so sufficiently in advance of 
the expiration of the deadline for notifying the Board of consummation 
to allow for timely processing.
* * * * *


Sec. 1152.50  [Amended]

* * * * *
    6. Section 1152.50(d)(2), second sentence, is amended by changing 
``(e)(5)'' to ``(e)(4).''


Sec. 1152.60  [Amended]

    7. Section 1152.60(a), third sentence, is amended by adding the 
phrase ``by the Board, through the Director of the Office of 
Proceedings,'' after the word ``published''.

[FR Doc. 97-16902 Filed 6-26-97; 8:45 am]
BILLING CODE 4915-00-P