[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Notices]
[Pages 16596-16597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8229]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub No. 622X)]


CSX Transportation, Inc.--Abandonment Exemption--in Pike County, 
OH

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments to abandon an 
approximately 4.14 mile line of railroad at Teays Industrial Track 
between milepost CES-0.00 and milepost CES-4.14 in Pike County, OH. The 
line traverses United States Postal Zip Codes 45661, 45613 and 45690.
    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 employees 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 protect 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 May 6, 2003, 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 April 14, 2003. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by April 24, 2003, with: Surface Transportation Board, 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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to CSX's 
representative: Natalie S. Rosenberg, CSX Transportation, Inc., 500 
Water Street, J150, Jacksonville, FL 32202.

[[Page 16597]]

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 11, 
2003. 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. [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 granted and fully abandoned the line. If 
consummation has not been effected by CSXT's filing of a notice of 
consummation by April 4, 2004, 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.''

    Decided: March 28, 2003.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-8229 Filed 4-3-03; 8:45 am]
BILLING CODE 4915-00-P