[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Notices]
[Page 47208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17655]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 653X)]


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

    On July 15, 2004, CSX Transportation, Inc. (CSXT) filed with the 
Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903-04 to abandon a segment at the end of its 
line of railroad in its Southern Region, Huntington Division, Big Sandy 
Subdivision, also known as the Beaver Creek Spur. The 1.43-mile segment 
extends from milepost CMH 0.00 near Dunleary to the end of the line at 
milepost CMH 1.43, all in Pike County, KY. The line traverses United 
States Postal Service ZIP Code 41522 and includes the stations of 
Praise Dock, Little Beaver, and Little Beaver Dock.
    In addition to an exemption from 49 U.S.C. 10903, petitioner seeks 
exemption from 49 U.S.C. 10904 (offer of financial assistance (OFA) 
procedures) as clarified in a letter dated July 19, 2004. In support, 
CSXT states that it has agreed to sell the right-of-way upon 
abandonment to the Kentucky Transportation Cabinet (KTC) for use in a 
highway expansion project. Also to assist KTC with this project, CSXT 
requests that the Board provide expedited handling and issue a decision 
within 60 days from the filing date of this proceeding, or by September 
13, 2004. These requests will be addressed in the final decision.
    The line does not contain federally granted rights-of-way. Any 
documentation in CSXT's possession will be made available promptly to 
those requesting it.
    The interest 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 an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 2, 2004 (sooner if the request for expedited 
handling can be accommodated).
    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 petition for exemption, unless the Board grants the requested 
exemption from the OFA process. Each offer must be accompanied by a 
$1,100 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, if CSXT does not sell 
the right-of-way to KTC. 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 August 24, 2004. Each trail use request must be 
accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-55 (Sub-No. 653X) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Louis E. 
Gitomer, 1455 F Street, NW., Suite 225, Washington, DC 20005. Replies 
to the CSXT petition are due on or before August 24, 2004.
    Persons seeking further information concerning abandonment 
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) 565-1539. (Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.) 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). The EA in an abandonment 
proceeding 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. Here, SEA anticipates 
issuing the EA on August 4, 2004, and making comments due by August 24, 
2004, to help put the Board in a position to accommodate petitioner's 
request for expedited handling.
    Board decisions and notices are available on the Board's Web site 
at http://www.stb.dot.gov.


    Decided: July 28, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-17655 Filed 8-3-04; 8:45 am]
BILLING CODE 4915-01-P