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CSX Transportation, Inc.--Abandonment Exemption--in Boone County, WV

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 [Federal Register: March 20, 2001 (Volume 66, Number 54)]
[Notices]
[Page 15779-15780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr01-139]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 585X)]


CSX Transportation, Inc.--Abandonment Exemption--in Boone County,
WV

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a 1.74-mile
line of its railroad between milepost CLH-9.00 and milepost CLH-10.74
in Boone County, WV. The line traverses United States Postal Service
Zip Code 25021.
    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 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 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 and discontinuance 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 April 19, 2001, 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
March 30, 2001. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by April 9, 2001, with:
Surface Transportation Board, Office of the Secretary, Case Control
Unit, 1925 K Street, NW., Washington, DC 20423.
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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, Counsel, 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 effects,
if any, of the abandonment and discontinuance on the environment and
historic resources. The Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by March 23, 2001. Interested
persons may obtain a copy of the EA by writing to SEA (Room 500,
Surface Transportation Board, Washington, DC

[[Page 15780]]

20423) 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 its line. If
consummation has not been effected by CSXT's filing of a notice of
consummation by March 20, 2002, 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 http://
www.stb.dot.gov.

    Decided: March 9, 2001.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-6463 Filed 3-19-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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