70 FR 183 pgs. 55660-55661 - CSX Transportation, Inc.—Abandonment Exemption—in Raleigh County, WV
Type: NOTICEVolume: 70Number: 183Pages: 55660 - 55661
Docket number: [STB Docket No. AB-55 (Sub-No. 661X)]
FR document: [FR Doc. 05-18941 Filed 9-21-05; 8:45 am]
Agency: Transportation Department
Sub Agency: Surface Transportation Board
Official PDF Version: PDF Version
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 661X)]
CSX Transportation, Inc.-Abandonment Exemption-in Raleigh County, WV
CSX Transportation, Inc. (CSXT), has filed a notice of exemption under 49 CFR 1152 Subpart F- Exempt Abandonments to abandon a 15.12-mile line of railroad on itsSouthern Region, Huntington Division East, Jarrolds Valley Subdivision, betweenJarrolds Valley Junction, milepost CLP 0.0, and Clear Creek, milepost CLP 15.12, at theend of the track in Raleigh County, WV. The line traverses United States Postal ServiceZip Codes 25008, 25044, 25048, 25060 and 25193.
CSXT has certified that: (1) No local traffic has moved over the line for at least 2years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formalcomplaint filed by a user of rail service on the line (or by a State or local governmententity acting on behalf of such user) regarding cessation of service over the line either ispending with the Surface Transportation Board or with any U.S. District Court or hasbeen decided in favor of complainant within the 2-year period; and (4) the requirementsat 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR1152.50(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 affectedemployees, 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 October 22, 2005, unlessstayed pending reconsideration. Petitions to stay that do not involve environmentalissues,1formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2andtrail use/rail banking requests under 49 CFR 1152.29 must be filed by September 30,2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28must be filed by October 12, 2005, with the Surface Transportation Board, 1925 K Street,NW., Washington, DC 20423-0001.
Footnotes:
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 (SEA) inits independent investigation) cannot be made before the exemption's effective date. SeeExemption of Out-of-Service Rail Lines , 5 I.C.C.2d 377 (1989). Any request for a stayshould be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date.
2 Each OFA must be accompanied by the filing fee, which is currently set at$1,200. See 49 CFR 1002.2(f)(25).
A copy of any petition filed with the Board should be sent to CSXT's representative: Louis E. Gitomer, Esq., Ball Janik LLP, 1455 F Street, NW., Suite 225,Washington, DC 20005.
If the verified notice contains false or misleading information, the exemption isvoid ab initio .
CSXT has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by September 27, 2005. 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) 565-1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] 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 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 September 22, 2006, 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 http://www.stb.dot.gov .
Decided: September 16, 2005.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18941 Filed 9-21-05; 8:45 am]
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