[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Notices]
[Pages 52180-52181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25541]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 598X)]


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

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 13.6-mile 
line of railroad between Rubert Junction at milepost CAH-7.2 and 
Clearco at milepost CAH-20.8 in Greenbrier County, WV. The line 
traverses United States Postal Service Zip Codes 25984, 25958 and 
possibly 24931.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no overhead traffic on 
the line; (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 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

[[Page 52181]]

effective on October 13, 2001, 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 
October 22, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 1, 2001, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, NW., Washington, DC 20423.
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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 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 
CSXT's representative: Paul R. Hitchcock, Assistant General 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 
October 17, 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) 565-1552. 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 October 12, 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 Web site at 
www.stb.dot.gov.

    Decided: October 3, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 01-25541 Filed 10-11-01; 8:45 am]
BILLING CODE 4915-00-P