Abandonment and Discontinuance of Rail Lines and Rail Transportation Under 49 U.S.C. 10903

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.

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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]

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