[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48941-48942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20173]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1073X]
Alabama & Florida Railway Co., Inc.--Abandonment Exemption--in
Geneva, Coffee, and Covington Counties, Ala.
Alabama & Florida Railway Co., Inc. (A&F) has filed a verified
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt
Abandonments to abandon its line of railroad between milepost 581.3 at
Andalusia, Ala., and milepost 624.2 at Geneva, Ala., a distance of 42.9
miles, in Geneva, Coffee and Covington Counties, Ala. The line
constitutes A&F's entire rail system and traverses United States Postal
Service Zip Codes 36340, 36420, 36421, 36453, 36467, and 36477.
A&F has certified that: (1) No local traffic has moved over the
line for at least 2 years; \1\ (2) there is no overhead traffic on the
line that has been, or would need to be, rerouted as a result of the
proposed abandonment; (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(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.
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\1\ A&F states that during the past 2 years, there has been no
local common carrier service provided over the line nor have there
been any requests for common carrier service during that period, but
portions of the line have been used for purposes of freight car
storage. A&F asserts that movement of its empty rail cars for
storage does not disqualify A&F from the use of the notice of
exemption process to obtain abandonment authority for the line. See
Ind. Sw. Ry.--Aban. Exemption--in Posey and Vanderburgh Cntys.,
Ind., AB 1065X, slip op. at 1 n. 1 (STB served Dec. 23, 2010).
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Where, as here, the carrier is abandoning a line that constitutes
its entire rail system, the Board does not normally impose labor
protection under 49 U.S.C. 10502(g), unless the evidence indicates the
existence of: (1) A corporate affiliate that will continue
substantially similar rail operations; or (2) a corporate parent that
will realize substantial financial benefits over and above relief from
the burden of deficit operations by its subsidiary railroad. See Honey
Creek R.R.--Aban. Exemption--in Henry Cnty., Ind., AB 865X (STB served
Aug. 20, 2004); Wellsville, Addison & Galeton R.R.--Aban. of Entire
Line in Potter & Tioga Cntys., Pa., 354 I.C.C. 744 (1978); and
Northampton & Bath R.R.--Aban. Near Northampton & Bath Junction in
Northampton Cnty, Pa., 354 I.C.C. 784 (1978). Because A&F does not
appear to have a corporate affiliate or parent that will continue
similar operations or that could benefit from the proposed abandonment,
employee protection conditions will not be imposed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 8, 2011, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental
[[Page 48942]]
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 19, 2011. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by August 29, 2011,\4\ 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 $1,500. See 49 CFR 1002.2(f)(25).
\4\ A&F states that it does not own title to the real property
comprising the line's right-of-way (ROW); rather, the title remains
with CSX Transportation, Inc. (CSXT). According to A&F, when the
line was sold in 1986 to an unaffiliated short line railroad
predecessor of A&F (Alabama & Florida Railroad, Inc., or ``A&F
Railroad''), CSXT's predecessor, Seaboard System Railroad, Inc.,
conveyed to A&F Railroad the common carrier obligation associated
with the line but retained for itself an ownership interest in the
underlying real estate and remained as a lessor of the lines's ROW.
A&F states that it acquired the line from A&F Railroad subject to
this arrangement with CSXT. Citing Seminole Gulf Railway--
Abandonment Exemption--in Lee County, Florida, AB 400 (Sub-No. 2X)
(ICC served Dec. 22, 1994), A&F states that it is now seeking
abandonment authority on the understanding that it is the
appropriate entity to do so and that CSXT does not need to file its
own abandonment authority or otherwise join in this request. A&F
states that it believes that the ROW might be suitable for other
public purposes, if CSXT is amendable to such an arrangement.
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A copy of any petition filed with the Board should be sent to A&F's
representatives: William A. Mullins and Robert A. Wimbish, Baker &
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC
20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
A&F 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 August 12, 2011. 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 (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), A&F 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 A&F's filing of a notice of
consummation by August 9, 2012, 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: August 4, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-20173 Filed 8-8-11; 8:45 am]
BILLING CODE 4915-01-P