[Federal Register Volume 66, Number 131 (Monday, July 9, 2001)]
[Notices]
[Pages 35826-35827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16840]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 591X)]


CSX Transportation, Inc.--Abandonment Exemption--in Clark and 
Floyd Counties, IN

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 3.8-mile 
line of railroad between milepost B-50.5 near Clarksville and milepost 
B-54.3 near New Albany, in Clark and Floyd Counties, IN.\1\ The line 
traverses United States Postal Service Zip Codes 47129 and 47150.
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    \1\ CSXT states that it filed this notice in order to assist the 
State of Indiana with a road construction project and that it 
intends to use trackage rights over Louisville & Indiana Railroad 
Company. CSXT acquired trackage rights over the line in STB Finance 
Docket No. 33744, CSX Transportation, Inc.--Trackage Rights 
Exemption--Louisville & Indiana Railroad Company (STB served June 
21, 2001).
    The Town of Clarksville (Town) filed a request for issuance of a 
notice of interim trail use (NITU) for the entire line pursuant to 
section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). 
The Board will address the Town's trail use request, and any others 
that may be filed, in a subsequent decision.
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    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

[[Page 35827]]

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 August 8, 2001, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 19, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 30, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423.
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    \2\ 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.
    \3\ 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. SEA will issue an environmental assessment (EA) by 
July 13, 2001. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 500, Surface Transportation Board, Washington, DC 
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 July 9, 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 
www.stb.dot.gov.

    Decided: June 28, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-16840 Filed 7-6-01; 8:45 am]
BILLING CODE 4915-00-P