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Pine Belt Southern Railroad Company, Inc.-Abandonment Exemption- in Russell, Bullock, and Macon Counties, AL

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[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Notices]
[Page 36299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-154]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-601X]
 
Pine Belt Southern Railroad Company, Inc.-Abandonment Exemption-
in Russell, Bullock, and Macon Counties, AL

    Pine Belt Southern Railroad Company, Inc. (PBRR) has filed a notice 
of exemption under 49 CFR Part 1152 Subpart F-Exempt Abandonments to 
abandon a 25-mile line of railroad between milepost S-304.00 at Nuckols 
and milepost S-329.00 at Hurtsboro, in Russell, Bullock, and Macon 
Counties, AL. The line traverses United States Postal Service Zip Codes 
36860, 36875 and 36858.
    PBRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years and overhead traffic, if there were any, 
could 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 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 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 
June 22, 2002,\1\ 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 June 3, 2002. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by June 12, 2002, with: Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423.
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    \1\ While applicant initially indicated a proposed consummation 
date of June 20, 2002, because the verified notice was filed on May 
3, 2002, consummation may not take place prior to June 22, 2000. 
Applicant's representative has subsequently confirmed that 
consummation cannot occur before June 22, 2002.
    \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, as of April 8, 2002, is set at $1,100. 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: G. Richard Abernathy, President, Pine Belt 
Southern Railroad Company, Inc., P.O. Box 1317, Shelbyville, TN 37162.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PBRR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by May 28, 2002. 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) 
565-1552. (TDD for the hearing impaired is available 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), PBRR 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 PBRR's filing of a notice of 
consummation by May 23, 2003, 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. Exit Disclaimer

    Decided: May 15, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 02-12818 Filed 5-22-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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