[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Notices]
[Page 18355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8400]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-468 (Sub-No. 4X)]


Paducah & Louisville Railway, Inc.--Abandonment Exemption--in 
Hopkins County, KY

    Paducah & Louisville Railway, Inc. (P&L) has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a line of railroad between milepost 154.5, near St. Charles, 
and milepost 159.6, near Ilsley, a distance of approximately 5.1 miles 
in Hopkins County, KY (line). The line traverses United States Postal 
Service Zip Codes 42442 and 42453.
    P&L has 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 another parallel line; (3) no formal complaint filed by a 
user of rail service on the line (or by a state or local government 
agency acting on behalf of such user) regarding cessation of service 
over the line is either pending with the Surface Transportation Board 
(Board) or 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 May 8, 
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 April 16, 2001. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by April 26, 2001, with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001.
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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 (SEA) 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: William A. Mullins, Esq., Troutman Sanders 
LLP, 401 9th Street, NW., Suite 1000, Washington, DC 20004. If the 
verified notice contains false or misleading information, the exemption 
is void ab initio.
    P&L has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 11, 
2001. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) 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), P&L 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 P&L's filing of a notice of 
consummation by April 6, 2002, 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 http://www.stb.dot.gov.

    Decided: March 29, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-8400 Filed 4-5-01; 8:45 am]
BILLING CODE 4915-00-P