[Federal Register Volume 65, Number 164 (Wednesday, August 23, 2000)]
[Notices]
[Pages 51405-51406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21383]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-571 (Sub-No. 1X)]


Strouds Creek and Muddlety Railroad--Abandonment Exemption--in 
Webster and Nicholas Counties, WV

    Strouds Creek and Muddlety Railroad (SC&M) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
an approximately 12.4-mile line of railroad between milepost BUE-0.0 at 
Allingdale and milepost BUE-12.4 at Muddlety Falls, in Webster and 
Nicholas Counties,

[[Page 51406]]

WV.\1\ The line traverses United States Postal Service Zip Codes 26205, 
26208, 26691 and 26651.\2\
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    \1\ Gauley River Railroad, LLC (Gauley River) subleased the line 
from CSX Transportation, Inc. (CSXT), which in turn leased the line 
from Strouds Creek and Muddlety Railroad. See CSX Transportation, 
Inc.--Renewal of Lease Exemption-- Strouds Creek and Muddlety 
Railroad Company, Finance Docket No. 31373 (ICC served Dec. 21, 
1988).
    Gauley River and CSXT received discontinuance authority over the 
involved line segment in Gauley River Railroad, LLC--Abandonment and 
Discontinuance of Service--in Webster and Nicholas Counties, WV and 
CSX Transportation, Inc.--Discontinuance of Service--Webster and 
Nicholas Counties, WV, STB Docket No. AB-559 (Sub-No. 1X), et al. 
(STB served June 23, 2000).
    \2\ Under 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. SC&M, in its 
verified notice tendered for filing on July 19, 2000, indicated a 
proposed consummation date of September 9, 2000. Because applicant 
had failed to publish notice in the newspaper as required, the 
verified notice was not complete until August 3, 2000, when proof of 
newspaper publication was received at the Board and hence the notice 
was not deemed filed until then. Thus, the earliest possible 
consummation date is September 22, 2000. Applicant's representative 
has confirmed that the correct consummation date is on or after 
September 22, 2000.
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    SC&M has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 September 
22, 2000, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\3\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by September 5, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by September 12, 2000, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423.
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    \3\ 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.
    \4\ 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: Francis G. McKenna, Anderson & Pendleton, 
C.A., Inc., 206 North Washington Street, Suite 330, Alexandria, VA 
22314.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    SC&M 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 August 28, 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), SC&M 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 SC&M's filing of a notice of 
consummation by August 23, 2001, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.


    Decided: August 16, 2000.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-21383 Filed 8-22-00; 8:45 am]
BILLING CODE 4915-00-P