[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Pages 41073-41074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11348]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 671X)]


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

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.4-mile 
line of railroad on its Southern Region, Huntington Division--East, 
Logan and Southern Subdivision, extending from milepost CME 10.0 at 
Stirrat to milepost CME 11.4 at the end of the line at Sarah Ann, in 
Logan County, WV. The line traverses United States Postal Service Zip 
Code 25644.
    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 (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 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 18, 2006, 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 
July 31, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 8, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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 was 
increased to $1,300 effective on April 19, 2006. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served Mar. 20, 2006).
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Steven C. Armbrust, Esq., CSX Transportation, 
Inc., 500 Water Street, J-150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed an environmental report and a historic report which 
address the effects, if any, of the abandonment on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by 
July 24, 2006. 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

[[Page 41074]]

granted and fully abandoned the line. If consummation has not been 
effected by CSXT's filing of a notice of consummation by July 19, 2007, 
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: July 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-11348 Filed 7-18-06; 8:45 am]
BILLING CODE 4915-01-P