[Federal Register Volume 65, Number 145 (Thursday, July 27, 2000)]
[Notices]
[Pages 46195-46196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18801]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-567 and AB-568 (Sub-No. 1X)]


Rutherford Railroad Development Corporation--Abandonment 
Exemption--in Rutherford County, NC and Southeast Shortlines, Inc., d/
b/a Thermal Belt Railway--Discontinuance of Service Exemption--in 
Rutherford County, NC

    Rutherford Railroad Development Corporation (RRDC) and Southeast 
Shortlines, Inc., d/b/a Thermal Belt Railway (TBRY) have filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances for RRDC to abandon and TBRY to discontinue service 
over a 7.87-mile line between milepost SB-180.47 in Spindale and 
milepost SB-188.34 near Gilkey in Rutherford County, NC.\1\ The line 
traverses United States Postal Service Zip Codes 28160 and 28139.
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    \1\ TBRY's lease and operation of the involved line was approved 
in Southeast Shortlines, Inc., d/b/a Thermal Belt Railway--Lease, 
Operation and Acquisition Exemption--A Rail Line in Rutherford, NC, 
Finance Docket No. 31484 (ICC served June 22, 1989).
    The Bechtler Development Corporation (BDC) filed a request for a 
notice of interim trail use for the entire line pursuant to section 
8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board 
will address BDC's trail use request and any others that may be 
filed in a subsequent decision.
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    RRDC and TBRY have 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 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, the exemptions will be 
effective on August 26, 2000, 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 must be filed by 
August 7, 2000. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 16, 2000, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., 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 $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: Fritz R. Kahn, P.C., 1920 N Street, NW., 
Washington, DC 20036-1601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

[[Page 46196]]

    RRDC and TBRY have filed an environmental report which addresses 
the effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by August 1, 
2000. 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), RRDC 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 RRDC's filing of a notice of 
consummation by July 27, 2001, 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: July 19, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-18801 Filed 7-26-00; 8:45 am]
BILLING CODE 4915-01-P