[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)] [Rules and Regulations] [Pages 34669-34670] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-16902] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Part 1152 [STB Ex Parte No. 537] Abandonment and Discontinuance of Rail Lines and Rail Transportation Under 49 U.S.C. 10903 AGENCY: Surface Transportation Board; Transportation. ACTION: Final rules; amendment. ----------------------------------------------------------------------- SUMMARY: The ICC Termination Act of 1995 revised the law governing applications by rail carriers to abandon or discontinue service over lines of railroad and related offers of financial assistance that would continue rail service after approval of abandonment or discontinuance by the Surface Transportation Board (Board). Accordingly, by decision served December 24, 1996, the Board revised 49 CFR part 1152 to implement the changes and update the pertinent regulations, and to streamline the abandonment and discontinuance process consistent with the new law. The Board also made conforming changes to the environmental rules at part 1105. These new regulations, which were adopted following a notice and comment rulemaking proceeding, went into effect on January 23, 1997. The Board now makes some clarifying changes to the rules, makes delegations of authority that will permit agency employees to carry out certain responsibilities under these procedures, and corrects one typographical error. EFFECTIVE DATE: These modifications and clarifying changes are effective July 27, 1997. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. [TDD for the hearing impaired: (202) 565-1695.] SUPPLEMENTARY INFORMATION: The Board's decision adopting these modifications and clarifying changes is available to all persons for a charge by phoning DC News & Data, Inc., at (202) 289-4357. The Board certifies that these rules will not have a significant economic effect on a substantial number of small entities. The rules should result in streamlining, improving and updating the abandonment process while ensuring the opportunity for full public participation in our proceedings. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. List of Subjects in 49 CFR Part 1152 Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements. Decided: June 18, 1997. By the Board, Chairman Morgan and Vice Chairman Owen. Vernon A. Williams, Secretary. For the reasons set forth in the preamble, title 49, chapter X, part 1152 of the Code of Federal Regulations is amended as follows: PART 1152--ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 1. The authority citation for part 1152 continues to read as follows: Authority: 5 U.S.C. 553, 559, and 704; 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; and 49 U.S.C. 701 note (1995) (section 204 of the ICC Termination Act of 1995), 721(a), 10502, 10903-10905, and 11161. Sec. 1152.24 [Amended] 2. Section 1152.24(e)(2), third sentence, is amended by adding the phrase ``, through the Director of the Office of Proceedings,'' after the phrase ``in the Federal Register by the Board''. 3. Section 1152.25(d)(6)(i) is amended by adding the following two sentences to the beginning of the paragraph: Sec. 1152.25 Participation in abandonment or discontinuance proceedings. * * * * * (d) * * * (6) * * * (i) Any oral hearing request is due 10 days after the filing of the application. The Board, through the Director of the Office of Proceedings, will issue a decision on any oral hearing request within 15 days after the filing of the application.* * * * * * * * 4. Section 1152.26(b) is amended by adding the following two sentences to the end of the paragraph: [[Page 34670]] Sec. 1152.26 Board Determination under 49 U.S.C. 10903. * * * * * (b) * * * Because Board action on abandonment applications by bankrupt railroads is advisory only, no environmental filings or analysis is necessary. See 49 CFR 1105.5(c). 5. Section 1152.29(e)(2) is amended by adding the following two sentences to the end of the paragraph: Sec. 1152.29 Prospective use of rights-of-way for interim trail use and rail banking. (e) * * * (2) * * * If, however, any legal or regulatory barrier to consummation exists at the end of the one-year time period, the notice of consummation must be filed not later than 60 days after satisfaction, expiration or removal of the legal or regulatory barrier. For good cause shown, a railroad may file a request for an extension of time to file a notice so long as it does so sufficiently in advance of the expiration of the deadline for notifying the Board of consummation to allow for timely processing. * * * * * Sec. 1152.50 [Amended] * * * * * 6. Section 1152.50(d)(2), second sentence, is amended by changing ``(e)(5)'' to ``(e)(4).'' Sec. 1152.60 [Amended] 7. Section 1152.60(a), third sentence, is amended by adding the phrase ``by the Board, through the Director of the Office of Proceedings,'' after the word ``published''. [FR Doc. 97-16902 Filed 6-26-97; 8:45 am] BILLING CODE 4915-00-P