[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Page 17822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07573]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 741X)]
CSX Transportation, Inc.--Abandonment Exemption--in Raleigh
County, W. Va
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to
abandon a 15.12-mile line of railroad on its Southern Region,
Huntington East Division, Big Marsh Fork Subdivision (former Jarrolds
Valley Subdivision) (the Line). The Line extends between mileposts CLP
0.0 and CLP 15.12 near Whitesville, in Raleigh County, W. Va.\1\ The
Line traverses United States Postal Service Zip Codes 25008, 25044,
25048, 25060, and 25193.\2\
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\1\ Based on prior notices of exemption, CSXT was authorized to
discontinue service and abandon the same 15.12-mile line segment.
See CSX Transp., Inc.--Discontinuance of Serv. Exemption--in Raleigh
Cnty., W. Va., AB 55 (Sub-No. 620X) (STB served July 19, 2002); CSX
Transp., Inc.--Aban. Exemption--in Raleigh Cnty., W. Va., AB 55
(Sub-No. 661X) (STB served Sept. 22, 2005). However, CSXT asserts
that it never consummated the abandonment authority and that the
authority has expired.
\2\ Upon receiving abandonment authority, CSXT plans to sell the
Line for trail use.
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CSXT has certified that: (1) No local traffic has moved over the
Line for at least two 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 two-year
period; and (4) the requirements at 49 CFR 1105.7(c) (environmental
report), 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
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
become effective on May 2, 2015, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\3\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by April 13, 2015. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by April 22, 2015, with
the Surface Transportation Board, 395 E Street SW., Washington, DC
20423-0001.
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\3\ 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.
\4\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
CSXT's representative: Louis E. Gitomer, Esq., Law Offices of Louis E.
Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CSXT has filed environmental and historic reports that address the
effects, if any, of the abandonment on the environment and historic
resources. OEA will issue an environmental assessment (EA) by April 7,
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 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 April 2, 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 Web site at
WWW.STB.DOT.GOV.
Decided: March 30, 2015.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-07573 Filed 4-1-15; 4:45 am]
BILLING CODE CODE 4915-01-P