[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Pages 40137-40138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19654]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-468 (Sub-No. 2X)]


Paducah & Louisville Railway, Inc.; Abandonment Exemption; in 
White Plains and St. Charles, KY

    Paducah & Louisville Railway, Inc. (P&L) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon approximately 8.50 miles of its line of railroad between 
milepost J-146.0 at White Plains and milepost J-154.5 near St. Charles, 
in Hopkins County, KY.1

[[Page 40138]]

The line traverses United States Postal Service Zip Codes 42442 and 
42464.
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    \1\ 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 
August 25, 1997. However, because the verified notice was filed on 
July 7, 1997, consummation should not have been proposed to take 
place prior to August 26, 1997. Applicant's representative has been 
contacted and has confirmed that the correct consummation date is on 
or after August 26, 1997.
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    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 Surface Transportation Board (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 of 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 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 August 26, 1997, 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 requests under 49 
CFR 1152.29 4 must be filed by August 4, 1997. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by August 14, 1997, with: Surface Transportation Board, Office 
of the Secretary, Case Control Unit, Surface Transportation Board, 1925 
K Street, N.W., Washington, DC 20423.
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    \2\ 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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
    \4\ The Board will accept late-filed trail use requests as 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: J. Thomas Garrett, E.V.P. & 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 July 30, 1997. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), P&L shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by P&L's filing of a notice of 
consummation by July 25, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: July 17, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19654 Filed 7-24-97; 8:45 am]
BILLING CODE 4915-00-P