[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Notices]
[Pages 60442-60443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29982]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-531 (Sub-No. 2X)]


Pioneer Valley Railroad Company, Inc.--Abandonment Exemption--in 
Hampshire County, MA

    Pioneer Valley Railroad Company, Inc. (PVRR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
an approximately 0.26-mile line of railroad from milepost 9.40 at the 
Easthampton/Southampton border to milepost 9.14 at the south side of 
Coleman Road in Southampton, Hampshire County, MA. The line traverses 
United States Postal Service Zip Code 01073.
    PVRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic formerly handled on 
the line can be rerouted over other lines; (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 
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 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 December 
10, 1998, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,1 formal expressions of 
intent to file an OFA

[[Page 60443]]

under 49 CFR 1152.27(c)(2),2 and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by November 20, 1998. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by November 30, 1998, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423.
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    \1\ 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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Thomas J. Litwiler, Oppenheimer Wolff & 
Donnelly, Two Prudential Plaza, 45th Floor, 180 North Stetson Avenue, 
Chicago, IL 60601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PVRR 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 November 13, 1998. 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), PVRR 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 PVRR's filing of a notice of 
consummation by November 10, 1999, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: November 3, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-29982 Filed 11-6-98; 8:45 am]
BILLING CODE 4915-00-P