[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Notices]
[Pages 80483-80484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31908]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-277 (Sub-No. 1X)]


West Virginia Northern Railroad Company--Abandonment Exemption--
in Preston County, WV

    West Virginia Northern Railroad Company (WVN) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its entire line of railroad between milepost 0.0 in Tunnelton and the 
end of the line at milepost 10.13 near Kingwood, in Preston County, WV, 
a distance of 10.13 miles. The line traverses United States Postal 
Service Zip Codes 26444 and 26537.

[[Page 80484]]

    WVN 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.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10505(g) unless the evidence indicates the existence of a corporate 
affiliate that will: (1) Continue rail operations; or (2) realize 
significant benefits in addition to being relieved of the burden of 
deficit operations by its affiliated railroad. See T and P Railway--
Abandonment--in Shawnee, Jefferson and Atchison Counties, KS, Docket 
No. AB-381, et al. (ICC served Apr. 27, 1993). Because these conditions 
do not appear to exist here, employee protection conditions will not be 
imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on January 20, 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 
January 2, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 10, 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: Fritz R. Kahn, 1920 N Street, NW. (8th 
Floor), Washington, DC 20036-1601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WVN has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by December 26, 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), WVN 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 WVN's filing of a notice of 
consummation by December 21, 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 8, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-31908 Filed 12-20-00; 8:45 am]
BILLING CODE 4915-00-P