10308 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Notices

1 Due to the Board’s scheduled relocation on

March 16, 1997, any filings made after March 16,

1997, must be filed with the Surface Transportation

Board, 1925 K Street, NW., Washington, DC 20423–

0001.

1Under 49 CFR 1152.27(c)(2)(i), the expression of

intent to file an OFA would normally be due 10

days after publication of notice in the Federal

Register. However, due to the Board’s scheduled

relocation on March 16, 1997, expressions of intent

in this proceeding may be filed as late as March 19,

1997.

2The 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 in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-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.

3The Board will accept late-filed trail use

requests as long as the abandonment has not been

consummated and the abandoning railroad is

willing to negotiate an agreement.

4 Due to the Board’s scheduled relocation on

March 16, 1997, any filings made after March 16,

1997, must be filed with the Surface Transportation

Board, Office of the Secretary, Case Control Branch,

1925 K Street, N.W., Washington, DC 20423.

Seventh Street SW., Washington, DC

20590–0001.

All comments received before April 7,

1997 will be considered before final

action is taken. Late filed comments will

be considered so far as practicable. No

public hearing is contemplated, but one

may be held at a time and place set in

a notice in the Federal Register if

required by an interested person

desiring to comment at a public hearing

and raising a genuine issue. All

comments and other docketed material

will be available for inspection and

copying in room 401 Plaza between the

hours of 10:00 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

Authority: 49 App. U.S.C. 2002(h) and

2015; and 49 CFR 1.53.

Issued in Washington, D.C., on March 3,

1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–5552 Filed 3–5–97; 8:45 am]

BILLING CODE 4910–60–P

Surface Transportation Board

[STB Finance Docket No. 33363]

Burlington Northern and Santa Fe

Railway Co.; Trackage Rights

Exemption; Birmingham Southern

Railway Co.

Birmingham Southern Railway

Company has agreed to grant overhead

trackage rights to The Burlington

Northern and Santa Fe Railway

Company (BNSF) from BNSF’s rail yard

at milepost 147 + 28.00 to milepost 225

+ 51.51 in Birmingham, AL, for the

purpose of moving loaded and empty

cars to the American Cast Iron Pipe

Company plant.

The transaction was scheduled to be

consummated on February 26, 1997.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33363, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. 1 In addition, a

copy of each pleading must be served on

Michael E. Roper, Esq., The Burlington

Northern and Santa Fe Railway

Company, 3800 Continental Plaza, 777

Main Street, Forth Worth, TX 76102–

5384.

Decided: February 27, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–5547 Filed 3–5–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–55 (Sub–No. 539X)]

CSX Transportation, Inc.—

Abandonment Exemption—in Harrison

County, WV

CSX Transportation, Inc. (CSXT) has

filed a notice of exemption under 49

CFR part 1152 subpart F—Exempt

Abandonments to abandon 14.1 miles of

its line of railroad between milepost 2.1

at Clarksburg and milepost 16.2 at

McWhorter, in Harrison County, WV.

CSXT has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (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 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,1 this exemption will be

effective on April 5, 1997, 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),

and trail use/rail banking requests under

49 CFR 1152.29 3 must be filed by March

19, 1997. Petitions to reopen or requests

for public use conditions under 49 CFR

1152.28 must be filed by March 26,

1997, with: Office of the Secretary, Case

Control Branch, Surface Transportation

Board, 1201 Constitution Avenue, N.W.,

Washington, DC 20423.4

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Charles M. Rosenberger,

Senior Counsel, 500 Water Street, J150,

Jacksonville, FL 32202.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

CSXT 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 March 11, 1997.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Surface Transportation Board,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. 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), CSXT shall file a notice of

consummation with the Board to signify