|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION--ABANDONMENT EXEMPTION--IN GREENVILLE COUNTY, S.C.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION FILED A NOTICE OF EXEMPTION TO ABANDON APPROXIMATELY 3.29 MILES OF RAILROAD LINE IN GREENVILLE, S.C.|
| 13 KB|
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|Full Text of Decision|
44210 SERVICE DATE – JANUARY 9, 2015
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 490 (Sub-No. 2X)]
Greenville County Economic Development Corporation—Abandonment Exemption—in Greenville County, S.C.
Greenville County Economic Development Corporation (GCEDC) has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments for GCEDC to abandon approximately 3.29 miles of railroad line extending between milepost AJK 585.34 in East Greenville, S.C., and milepost AJK 588.63 in Greenville, S.C. (the Line). The Line traverses United States Postal Service Zip Code 29607 and is located in Greenville County, S.C.
GCEDC has certified that: (1) no local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years, and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint has been 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, and no such complaint is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 C.F.R. § 1105.7(c) (environmental report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 February 8, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c)(2), and interim trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by January 20, 2015. Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by January 29, 2015, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to GCEDC’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave., N.W., Suite 300, Washington, DC 20037.
If the verified notice contains false or misleading information, the exemption is void ab initio.
GCEDC 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 January 16, 2015. 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 at (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 interim trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 C.F.R. § 1152.29(e)(2), GCEDC 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 GCEDC’s filing of a notice of consummation by January 9, 2016, 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.”
Decided: January 6, 2015.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 The Board granted GCEDC authority to discontinue service over the Line in 2005. See Greenville Cnty. Econ. Dev. Corp.—Aban. & Discontinuance Exemption—in Greenville Cnty., S.C., AB 490 (Sub-No. 1X) (STB served Oct. 12, 2005). Since 2005, GCEDC has provided no local or overhead common carrier service over the Line, and it asserts that it has not received any requests for common carrier service over the Line.
 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.
 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 C.F.R. § 1002.2(f)(25).