Jump to main content.

CSX Transportation, Inc.--Abandonment Exemption--in Harlan and Letcher Counties, KY

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: April 26, 2006 (Volume 71, Number 80)]
[Notices]
[Page 24772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap06-133]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 665X)]
 
CSX Transportation, Inc.--Abandonment Exemption--in Harlan and 
Letcher Counties, KY

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon a 12.99-mile 
line of railroad on its Southern Region, Huntington Division West, 
Cumberland Valley Subdivision, in Harlan and Letcher Counties, KY. The 
line to be abandoned consists of: (1) A portion of the Poor Fork branch 
between milepost 0WC 261.1, near Cumberland, and milepost 0WC 262.3, at 
Cumberland Junction; and (2) the entire Scotia Branch between milepost 
0WD 262.21, at Cumberland Junction, and milepost 0WD 274.0, near Scotia 
at the end of the line. The line traverses United States Postal Service 
Zip Codes 40823, 40862, and 40826.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 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 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 May 26, 2006, 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 
May 8, 2006. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 16, 2006, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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) 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 OFA must be accompanied by the filing fee. Effective 
April 19, 2006, the filing fee for an OFA increased to $1,300. See 
Regulations Governing Fees for Services Performed in Connection With 
Licensing and Related Services--2006 Update, STB Ex Parte No. 542 
(Sub-No. 13) (STB served Mar. 20, 2006). 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 is void ab initio.
    CSXT has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by May 1, 
2006. 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 April 26, 2007, 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 Exit Disclaimer.''

    Decided: April 18, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-6064 Filed 4-25-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

Local Navigation

Jump to main content.