[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 77095-77096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21763]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-192 (Sub-No. 2X)]


Birmingham Southern Railroad Company--Abandonment Exemption--in 
Jefferson County, AL

    Birmingham Southern Railroad Company (BSRC) has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 0.18-mile line of railroad known as the Old Port Branch, 
extending from Survey Station 936+04.07 of Turnout P-63 A, over Trestle 
17.9, to a connection with Ergon Terminaling, Inc.'s (Ergon) rail line 
at Survey Station 945+52.55 in Jefferson County, AL. The line traverses 
United States Postal Service Zip Code 35118.\1\
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    \1\ BSRC intends to convey to Ergon its interest in the line, 
including Trestle 17.9 and all the rails and ties associated 
therewith, for a distance of 423.59 feet extending from Survey 
Station 936+04.07, which will provide Ergon with the potential for a 
future rail connection should the need arise. If the trestle is not 
conveyed to Ergon, it will be conveyed to the State of Alabama or 
dismantled.
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    BSRC has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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

[[Page 77096]]

financial assistance (OFA) has been received, this exemption will be 
effective on January 23, 2007, 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 
January 2, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 11, 2007, with 
the Surface Transportation Board, 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 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
BSRC's representative: Michael M. Partain, Esq., United States Steel 
Corporation, 6200 E. J. Oliver Boulevard, Suite 192, Fairfield, AL 
35064.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BSRC 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 
29, 2006. 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), BSRC 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 BSRC's filing of a notice of 
consummation by December 22, 2007, 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 14, 2006.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21763 Filed 12-21-06; 8:45 am]
BILLING CODE 4915-01-P