[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Page 11731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4418]



[[Page 11731]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-883 (Sub-No. 1X)]


Rocky Mount and Western Railroad Co., Inc.--Abandonment 
Exemption-in Nash County, NC

    Rocky Mount and Western Railroad Co., Inc. (RM&W) has filed a 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon an approximately 4.7 miles of railroad from 
approximately milepost 134.8 at or near Momeyer to the end of the rail 
line at approximately milepost 139.5 at or near Spring Hope, in Nash 
County, NC. The line traverses United States Postal Service Zip Code 
27882.
    RM&W has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic, if any, 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 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 report), 49 CFR 1105.8 (historic report), 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 April 8, 2005, 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 
March 21, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 29, 2005, with: 
Surface Transportation Board, 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 $1,200. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
RM&W's representative: Rose-Michele Weinryb, Weiner Brodsky Sidman 
Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036-
1609.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RM&W has filed an environmental and historic report which addresses 
the effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by March 14, 
2005. 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) 565-1539. 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), RM&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 RM&W's filing of a notice of 
consummation by March 9, 2006, 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 
http://www.stb.dot.gov.

    Decided: March 1, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-4418 Filed 3-8-05; 8:45 am]
BILLING CODE 4915-02-P