[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Notices]
[Page 5701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2559]



[[Page 5701]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-297 (Sub-No. 101X)]


Columbus and Greenville Railway Company--Abandonment Exemption--
in Bolivar and Washington Counties, MS

    Columbus and Greenville Railway Company (C&G) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
49.14 miles of rail line between milepost 109.3 near the City of 
Cleveland and milepost 158.44 near the City of Hollandale, in Bolivar 
and Washington Counties, MS. The line traverses United States Postal 
Service Zip Codes 38732, 38730, 38773, 38742, 38756, 38722 and 38748.
    C&G has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no over head traffic on 
the line during the past 2 years; (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 March 6, 
1999, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,1 any additional formal 
expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by February 16, 1999. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by February 24, 1999, 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: Wm. G. Burgin, Jr., 201 North 19th Street, 
Columbus and Greenville Railway Company, 201 North 19th Street, P.O. 
Box 6000, Columbus, MS 39701.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    C&G 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 February 9, 1999. 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), C&G 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 C&G's filing of a notice of 
consummation by February 4, 2000, 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: January 28, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-2559 Filed 2-3-99; 8:45 am]
BILLING CODE 4915-00-P