[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29362-29363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10073]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 678X)]


CSX Transportation, Inc.--Abandonment Exemption-in Clay County, 
IL

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.86-mile 
line of railroad on its Northern Region, Louisville Division, Illinois 
Subdivision, from milepost BXO 74.14 to milepost BXO 75.0, known as the 
Flora North Branch, City of Flora, in Clay County, IL. The line 
traverses United States Postal Service Zip Code 62839.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic handled 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 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 June 27, 2007, unless stayed pending reconsideration.\1\ 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an

[[Page 29363]]

OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by June 4, 2007. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by June 14, 2007, with: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001.
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. CSXT initially 
indicated in its notice of exemption a proposed consummation date of 
June 25, 2007, but because the verified notice was filed on May 8, 
2007, consummation may not take place prior to June 27, 2007. By 
filing made on May 11, 2007, CSXT has revised its notice to show 
that consummation may not take place until June 27, 2007.
    \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 $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Steven C. Armbrust, 500 Water Street--J150, 
Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by June 1, 
2007. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 245-0305. [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 May 25, 2008, 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 
``WWW.STB.DOT.GOV.''

    Decided: May 18, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-10073 Filed 5-24-07; 8:45 am]
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