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CSX Transportation, Inc.--Discontinuance--at Memphis, in Shelby County, TN

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 [Federal Register: July 30, 2002 (Volume 67, Number 146)]
[Notices]
[Page 49387-49388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy02-115]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 618)]
 
CSX Transportation, Inc.--Discontinuance--at Memphis, in Shelby 
County, TN

    On July 10, 2002, CSX Transportation, Inc. (CSXT), filed with the 
Surface Transportation Board (Board) an application for permission to 
discontinue service over a 1.1-mile portion of its Midwest Region, 
Nashville Division, Memphis Terminal line between milepost ONI 224.00, 
at Memphis and milepost ONI 222.9 east of Memphis, in Shelby County, 
TN.\1\

[[Page 49388]]

The line traverses U.S. Postal Service ZIP Codes 38111 and 38112. 
Applicant has indicated that the line includes the station of Memphis.
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    \1\ CSXT previously filed a petition for exemption under 49 
U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903 
to abandon the above line, plus an additional 12.24 miles of rail 
line, extending from milepost ONI 224.00 near Memphis, to milepost 
ONI 210.66 near Cordova. The Board denied the petition in CSX 
Transportation, Inc.--Abandonment Exemption--(Between Memphis and 
Cordova) in Shelby County, TN, STB Docket No. AB-55 (Sub-No. 590X) 
(STB served Dec. 12, 2001), finding that CSXT had failed to show 
that the current situation imposed a burden on it that outweighed 
the harm if the line were to be abandoned. The Board's denial of the 
petition was without prejudice to CXST's refiling an appropriate 
application or a petition for exemption. On March 29, 2002, CSXT 
filed a petition under 49 U.S.C. 10502 for exemption from 49 U.S.C. 
10903 in CSX Transportatioin, Inc.--Discontinuance Exemption--
(Between East of Memphis and Cordova) in Shelby County, TN, STB 
Docket No. AB-55 (Sub-No. 615X) to discontinue service over the 
12.24-mile segment of the line between milepost ONI 222.9, east of 
Memphis, and milepost ONI 210.66, near Cordova, at the end of the 
line. The Board granted the petition by decision served on July 17, 
2002.
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    The line does not contain federally granted rights-of-way. Any 
documentation in CSXT's possession will be made available promptly to 
those requesting it. The applicant's entire case for discontinuance 
(case-in-chief) was filed with the application.
    The line of railroad has appeared on CSXT's system diagram map or 
has been included in its narrative in category 1 since March 6, 2002.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed discontinuance or protests (including the 
protestant's entire opposition case), by August 26, 2002. Because this 
is a discontinuance proceeding, and not an abandonment, trail use/rail 
banking, and public use requests are not appropriate. Also, only offers 
of financial assistance (OFA) under 49 U.S.C. 10904 to subsidize (not 
purchase) the line will be entertained.
    Persons opposing the discontinuance who wish to participate 
actively and fully in the process should file a protest. Persons who 
may oppose the discontinuance but who do not wish to participate fully 
in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons seeking 
information concerning the filing of protests should refer to 49 CFR 
1152.25.
    In addition, a commenting party or protestant may provide: (i) An 
OFA to subsidize rail service under 49 U.S.C. 10904 (due 120 days after 
the application is filed or 10 days after the application is granted by 
the Board, whichever occurs sooner); and (ii) recommended provisions 
for protection of the interests of employees.
    The line sought to be discontinued will be available for subsidy 
for continued rail use, if the Board decides to permit the 
discontinuance, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,100 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy required to keep the line 
in operation. The carrier's representative to whom inquiries may be 
made concerning subsidy terms is set forth below.
    All filings in response to this notice must refer to STB Docket No. 
AB-55 (Sub-No. 618) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Louis E. 
Gitomer, Esq., Ball Janik, LLP, 1455 F St., NW., Suite 225, Washington, 
DC 20005. The original and 10 copies of all comments or protests shall 
be filed with the Board with a certificate of service. Except as 
otherwise set forth in part 1152, every document filed with the Board 
must be served on all parties to the discontinuance proceeding. 49 CFR 
1104.12(a).
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1552. [TDD for the hearing impaired is available at 1-800-
877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in discontinuance proceedings normally will be 
made available within 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service. The comments received will be addressed in the 
Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our website at 
"WWW.STB.DOT.GOV." Exit Disclaimer

    Decided: July 24, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-19218 Filed 7-29-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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