[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53414-53415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17811]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 656X)]


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

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 17.51-
mile line of its Southern Region, Huntington Division East, Fairmont 
Subdivision, between Barrackville, milepost BS 306.32, and Mannington, 
milepost BS 319.48, including the Dents Run Spur between milepost BSB 
0.00 and milepost BSB 4.35, in Marion County, WV.\1\ The line traverses 
United States Postal Service Zip Codes 26528, 26587, 26571, 26554, and 
26559.
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    \1\ CSXT received discontinuance authority over the involved 
line segment in CSX Transportation, Inc.--Discontinuance Exemption--
in Marion County, WV, Docket No. AB-55 (Sub-No. 376X) (ICC served 
Apr. 4, 1991).
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    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 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 
meet.

[[Page 53415]]

    As a condition to this exemption, any employee 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 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 October 8, 
2005, 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 September 18, 2005. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by September 28, 2005, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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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 OFA must be accompanied by the filing fee, which 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to the 
applicant's representative: Louis E. Gitomer, Ball Janik LLP, 91455 F 
Street, NW., Suite 225, Washington, DC 20005.
    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 September 
13, 2005. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [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 September 8, 2006, 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: September 1, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17811 Filed 9-7-05; 8:45 am]
BILLING CODE 4915-01-P