[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Page 47629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18246]



[[Page 47629]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 620X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption-in 
Raleigh County, WV

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to 
discontinue service over approximately 15.12 miles of railroad at 
Jarrolds Valley Junction between milepost CLP 0.0 and the end of track 
near Clear Creek at milepost CLP 15.12, in Raleigh County, WV. The line 
traverses United States Postal Service Zip Codes 25008, 25044, 25048, 
25060, and 25193.
    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 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 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 20, 2002, unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2),\1\ and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by July 29, 2002. Petitions to reopen \2\ 
must be filed by August 8, 2002, with: Surface Transportation Board, 
1925 K Street, NW., Washington, DC 20423.
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    \1\ Each offer of financial assistance must be accompanied by 
the filing fee, which is currently set at $1,100. See 49 CFR 
1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding, trail use/rail 
banking and public use conditions are not appropriate. This 
proceeding is exempt from environmental and historic reporting 
requirements. CSXT only intends to discontinue service over the line 
and does not intend to abandon the line, but intends instead to 
leave the line in place. CSXT indicates that this would facilitate 
possible future operations over the line in the event the coal 
market would warrant those operations. Because CSXT's discontinuance 
of service will merely result in the cessation of service over the 
line, and has not sought abandonment authority, this proceeding is 
exempt from the report requirements listed above and no 
environmental documentation will be prepared. See 49 CFR 1105.6 
(c)(6) and 1105.8 (a) and (b).
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    A copy of any petition filed with the Board should be sent to 
CSXT'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.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.

    Decided: July 12, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-18246 Filed 7-18-02; 8:45 am]
BILLING CODE 4915-00-P