[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Notices]
[Pages 13469-13470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6624]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket Nos. AB-559 (Sub-No. 1X) and AB-55 (Sub-No. 572X)]


Gauley River Railroad, LLC--Abandonment and Discontinuance of 
Service--In Webster and Nicholas Counties, WV; SX Transportation, 
Inc.--Discontinuance of Service--In Webster and Nicholas Counties, WV

On February 26, 1999, Gauley River Railroad, LLC (GRIV) and CSX 
Transportation, Inc. (CSXT) jointly filed with the Surface 
Transportation Board (Board) petitions under 49 U.S.C. 10502 for 
exemption from the provisions of 49 U.S.C. 10903. GRIV seeks to abandon 
and discontinue service over: (1) a 10-mile line of railroad extending 
between milepost BUE-119 at Cowen, WV, and milepost BUE-129 at 
Allingdale, WV (Line A), and (2) a 8.3-mile line of railroad extending 
between milepost BUE-12.4 at Muddlety Falls, WV, and milepost BUE-20.7 
at Muddlety, WV (including the McMillion Creek Branch and Delmont 
Branch) (Line C). Both GRIV and CSXT seek to discontinue service over a 
12.4-mile line of railroad between milepost BUE-0.0 at Allingdale and 
milepost BUE-12.4 at Muddlety Falls (Line B).1 The three 
lines total 30.7 miles in Webster and Nicholas Counties, WV 
(collectively, the Line). The Line traverses U.S. Postal Service ZIP 
Codes 26205, 26651, 26266 and 26206, and includes the stations of 
Gauley Mill, Allingdale, Delphi, Ticoal, Gauley Eagle 4, and Muddlety.
---------------------------------------------------------------------------

    \1\ Line B is owned by the Strouds Creek and Muddlety Railroad 
Company (SC&M). It was leased to CSXT's predecessor company on 
November 1, 1943, and then subleased to GRIV as part of the 
transaction in Gauley River Railroad, LLC--Purchase, Lease and 
Operation Exemption--CSX Transportation, Inc., STB Finance Docket 
No. 33579 (STB served July 14, 1998). Petitioners certified that a 
copy of the petition was served on SC&M.
---------------------------------------------------------------------------

    The Line does not contain federally granted rights-of-way. Any 
documentation in the GRIV's and CSXT's possession will be made 
available promptly to those requesting it.
    In STB Docket No. AB-559 (Sub-No. 1X), GRIV is proposing to abandon 
lines that constitute its entire rail system. When issuing abandonment 
authority for railroad lines that constitute the carrier's entire 
system, the Board does not impose labor protection, except in 
specifically enumerated circumstances. See Northampton and Bath R. 
Co.--Abandonment, 354 I.C.C. 784, 785-86 (1978) (Northampton). 
Therefore, if the Board grants the petition for exemption, in the 
absence of a showing that one or more of the exceptions articulated in 
Northampton are present, no labor protective conditions would be 
imposed. In STB Docket No. AB-55 (Sub-No. 572X), the interests 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).
    By issuance of this notice, the Board is instituting exemption 
proceedings pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by June 16, 1999.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petitions for exemption. Each offer must be accompanied by a $1,000 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than April 7, 1999. Each trail use 
request must be accompanied by a $150 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket 
Nos. AB-559 (Sub-No. 1X) and AB-55 (Sub-No. 572X) and must be sent to: 
(1) Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW, Washington, DC 20423-0001, and (2) Robert A. 
Wimbish, Rea, Cross & Auchincloss, 1707 L Street, NW, Suite 570, 
Washington, DC 20036, and Charles M. Rosenberger, CSX Transportation, 
Inc., 500 Water Street, Jacksonville, FL 32202. Replies are due April 
7, 1999.
    Persons seeking further information concerning abandonment and 
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) 565-1545. [TDD for the hearing 
impaired is available at (202) 565-1695.]
    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 these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 12, 1999.


[[Page 13470]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-6624 Filed 3-17-99; 8:45 am]
BILLING CODE 4915-00-P