[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Notices]
[Pages 48907-48908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23500]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-592 (Sub-No. 1X)


Fredonia Valley Railroad, Inc.--Abandonment Exemption--in 
Caldwell County, KY

    Fredonia Valley Railroad, Inc. (FVRR) has filed a verified notice 
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon a segment of railroad line between milepost 90.00 and the end 
of the line at milepost 87.60, near Fredonia, a distance of 
approximately 2.40 miles in Caldwell County, KY (line).\1\ The line 
traverses United States Postal Service Zip Code 42411.
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    \1\ FVRR acquired an approximate 9.65-mile rail line in Fredonia 
Valley Railroad, Inc.--Acquisition and Operation--in Caldwell 
County, KY, STB Finance Docket No. 33695 (STB served Jan. 6, 1999). 
FVRR states that the tracks and ties of the line proposed for 
abandonment are not intended to be removed; rather, following its 
abandonment, the line simply will change from a common carrier line 
to a proprietary line serving the one potential shipper situated on 
it. Counsel for FVRR has certified that a copy of the verified 
notice of exemption was served on the shipper on the line.
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    Applicant has certified that: (1) No local or overhead traffic has 
moved over the line in more than 2 years' time; (2) any overhead 
traffic that might have moved 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 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 these exemptions, 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)

[[Page 48908]]

must be filed. Provided no formal expression of intent to file an offer 
of financial assistance (OFA) has been received, these exemptions will 
be effective on October 24, 2001, 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 October 4, 2001. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 15, 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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    \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 (SEA) in its independent 
investigation) cannot be made before the exemptions' 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 exemptions' 
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, Esq., 1920 N Street, NW (8th 
floor), Washington, DC 20036-1601. If the verified notices contain 
false or misleading information, the exemptions are void ab initio.
    Applicant has filed a separate environmental report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by October 
1, 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), FVRR 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 FVRR's filing of a notice of 
consummation by September 24, 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 Web site at 
www.stb.dot.gov.

    Decided: September 12, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-23500 Filed 9-21-01; 8:45 am]
BILLING CODE 4915-00-P