[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Notices]
[Page 79155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31631]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-434 (Sub-No. 2X)]


Winchester & Western Railroad Company--Abandonment Exemption--in 
Winchester, VA

    Winchester & Western Railroad Company (W&W) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
0.63-mile line of railroad between milepost 115.27 and the end of the 
line at milepost 115.9 inside the city limits of Winchester, VA. The 
line traverses United States Postal Service Zip Code 22601.
    W&W has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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 and 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, this exemption will be 
effective on January 17, 2001, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ 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 
December 28, 2000. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 8, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., 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: John D. Heffner, Esq., Rea, Cross & 
Auchincloss, Suite 570, 1707 L Street, NW., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    W&W has filed an environmental report which addresses the effects, 
if any, on the environmental and historic resources. The Section of 
Environmental Analysis (SEA) will issue an environmental assessment 
(EA) by December 22, 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), W&W shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by W&W's filing of a notice of 
consummation by December 18, 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: December 6, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-31631 Filed 12-15-00; 8:45 am]
BILLING CODE 4910-62-P