[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64741-64742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27562]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 581X)]
CSX Transportation, Inc.--Abandonment Exemption--in Fayette and
Raleigh Counties, WV
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a
line of railroad between milepost CAX0.0, near Mill Creek Junction, and
milepost CAX4.8, near Garden Ground, a distance of approximately 4.8
miles, in Fayette and Raleigh Counties, WV (line). The line traverses
United States Postal Service Zip Code 25880 (and possibly 25906).
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 agency acting on behalf of
[[Page 64742]]
such user) regarding cessation of service over the line is either
pending with the Surface Transportation Board (Board) or 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, this exemption will be effective on November
29, 2000, unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues,\1\ formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking
requests under 49 CFR 1152.29 must be filed by November 9, 2000.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by November 20, 2000, with the Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, N.W., Washington, DC 20423-0001.
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\1\ The 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 Out-of-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.
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: Natalie S. Rosenberg, Esq., CSX
Transportation, Inc., 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 November 3, 2000. Interested persons
may obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board, Washington, DC 20423-0001) or by calling SEA, at
(202) 565-1545. 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 that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by CSXT's filing of a notice of
consummation by October 30, 2001, 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: October 19, 2000.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-27562 Filed 10-27-00; 8:45 am]
BILLING CODE 4915-00-P