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

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 [Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices]
[Page 41073-41074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy06-156]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 671X)]

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

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.4-mile
line of railroad on its Southern Region, Huntington Division--East,
Logan and Southern Subdivision, extending from milepost CME 10.0 at
Stirrat to milepost CME 11.4 at the end of the line at Sarah Ann, in
Logan County, WV. The line traverses United States Postal Service Zip
Code 25644.
    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 (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 August 18, 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
July 31, 2006. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 8, 2006, with
the Surface Transportation Board, 1925 K Street, NW., Washington, DC
20423-0001.
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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 (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, which was
increased to $1,300 effective on April 19, 2006. 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).
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    A copy of any petition filed with the Board should be sent to
CSXT's representative: Steven C. Armbrust, Esq., CSX Transportation,
Inc., 500 Water Street, J-150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    CSXT has filed an environmental report and a historic report which
address the effects, if any, of the abandonment on the environment and
historic resources. SEA will issue an environmental assessment (EA) by
July 24, 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

[[Page 41074]]

granted and fully abandoned the line. If consummation has not been
effected by CSXT's filing of a notice of consummation by July 19, 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: July 12, 2006.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-11348 Filed 7-18-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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