[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76105-76106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7711]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-297 (Sub-No. 102X)]


Columbus and Greenville Railway Company--Abandonment Exemption--
in Leflore County, MS

    Columbus and Greenville Railway Company (C&G) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon a 1.18-mile line of railroad between milepost 112.67 and 
milepost 113.85, in the City of Greenwood (City), in Leflore County, 
MS. The line traverses United States Postal Service Zip Code 38930.\1\
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    \1\ C&G indicated in an earlier filing that it would seek 
abandonment of the above-described rail line. See Columbus and 
Greenville Railway Company--Acquisition and Operation Exemption--
Line of City of Greenwood, MS, STB Finance Docket No. 34666 (STB 
served Apr. 22, 2005).
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    C&G has certified that: (1) No local traffic has moved over the 
line for at

[[Page 76106]]

least 2 years; (2) any overhead traffic on the line can be and has been 
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 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 January 21, 2006,\2\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\3\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by December 30, 2005. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by January 11, 2006,\5\ with the Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001.
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    \2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. In its verified 
notice, applicant did not indicate a consummation date as required. 
Based on a subsequent conversation with the applicant's 
representative, it was confirmed that consummation would not occur 
before January 21, 2006, 50 days after the December 2, 2005 filing 
of the verified notice.
    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
    \5\ The City filed a request for issuance of a public use 
condition under 49 U.S.C. 10905. The Board will address the City's 
public use request, along with any others that may be filed, in a 
subsequent decision.
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    A copy of any petition filed with the Board should be sent to C&G's 
representative: H. Lynn Gibson, 201 19th Street North, Columbus, MS 
39703.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    C&G has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
27, 2005. 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) 565-1539. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] 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), C&G 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 C&G's filing of a notice of 
consummation by December 22, 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: December 16, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E5-7711 Filed 12-21-05; 8:45 am]
BILLING CODE 4915-01-P