[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59451-59452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23757]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1097X]


Pickens Railway Company--Abandonment Exemption--in Pickens 
County, SC

    Pickens Railway Company (Pickens) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 8.5 miles of rail line between approximate 
milepost 0.0 (at or near Pickens) and the end of the line at 
approximate milepost 8.5 (at or near Easley), in Pickens County, S.C. 
The line traverses United States Postal Service Zip Codes 29671 and 
29641.
    Pickens has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic on the line, 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 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(c) (environmental 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.\1\
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    \1\ Pickens states that it has used the subject line to access a 
Pickens-owned locomotive shop to repair or rebuild locomotives but 
that there have been no rail cars (as opposed to locomotives) on the 
line for more than two years. Under the circumstances, Pickens 
asserts that use of the class exemption procedure is appropriate, 
citing Union Pacific Railroad Co.--Abandonment Exemption--in Ada 
County, Idaho, AB 33 (Sub-No. 137X) (STB served Aug. 6, 1999).
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    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 October 27, 2012, unless stayed pending reconsideration. 
Petitions to stay that do

[[Page 59452]]

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 9, 2012. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 17, 2012, with the Surface 
Transportation Board, 395 E Street, SW., 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 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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 $1,600. See Regulations Governing Fees for 
Servs. Performed in Connection with Licensing & Related Servs.--2012 
Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).
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    A copy of any petition filed with the Board should be sent to 
Pickens' representative: Rose-Michele Nardi, 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.
    Pickens has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 2, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (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), Pickens 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 Picken's filing of a notice of 
consummation by September 27, 2013, 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.

    By the Board.

    Decided: September 19, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2012-23757 Filed 9-26-12; 8:45 am]
BILLING CODE 4915-01-P