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Louisiana & Delta Railroad, Inc.--Abandonment Exemption--in Iberia Parish, LA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: July 26, 2001 (Volume 66, Number 144)]
[Notices]
[Page 39081-39082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy01-103]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-318 (Sub-No. 5X)]
 
Louisiana & Delta Railroad, Inc.--Abandonment Exemption--in 
Iberia Parish, LA

    Louisiana & Delta Railroad, Inc. (Applicant) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
3.08-mile portion of the Salt Mine Branch line of railroad between 
milepost 6.72 and milepost 9.8 in Iberia Parish, LA.\1\ The line 
traverses United States Postal Service Zip Code 70513.
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    \1\ The Atchafalaya Basin Program, Department of Natural 
Resources (DNR) filed a request for issuance of a notice of interim 
trail use for the entire line pursuant to section 8(d) of the 
National Trails System Act, 16 U.S.C. 1247(d). The Board will 
address the DNR's trail use request, and any others that may be 
filed, in a subsequent decision.
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    Applicant has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) there has been no overhead traffic 
on the line in the last 2 years; (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 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 and discontinuance 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

[[Page 39082]]

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 August 25, 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 
August 6, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 15, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423.
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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 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: Eric M. Hocky, Gollatz, Griffin & Ewing, 
P.C., 213 West Miner Street, P.O. Box 796, West Chester, PA 19381-0796.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicant has filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by July 31, 2001. 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) 565-1545. 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), Applicant 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 Applicant's filing of a notice of 
consummation by July 26, 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 website at 
``WWW.STB.DOT.GOV.''

    Decided: July 18, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-18571 Filed 7-25-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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