[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54977-54978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18827]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 684X)]


CSX Transportation, Inc.--Abandonment Exemption--in Shelby 
County, TN

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
\1\ under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 
13.34-mile rail line on CSXT's Southern Region, Nashville Division, 
Memphis Terminal Subdivision, between milepost ONI 210.66 near Cordova 
and milepost ONI 224 in Memphis, known as the Cordova Branch, in Shelby 
County, TN.\2\ The line traverses United States Postal Service Zip 
Codes 38016, 38018, 38111, 38112, 38117, 38120, 38122, and 38134.
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    \1\ In its verified notice of exemption, CSXT states that the 
consummation date is October 10, 2007. However, because CSXT sought 
withdrawal of its notice on August 23, 2007, and then requested 
reinstatement of the notice on September 7, 2007, the filing date is 
considered to be September 7, 2007. Based on this filing date, the 
earliest date the abandonment can be consummated is October 27, 2007 
(the effective date of the exemption). CSXT has been notified 
concerning this correction of the consummation date.
    \2\ By petition for exemption filed on August 21, 2007, and 
reinstated on September 7, 2007, CSXT is seeking an exemption from 
the offer of financial assistance (OFA) requirements of 49 U.S.C. 
10904. The merits of the petition will be addressed in a separate 
decision.
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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 
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 OFA has been 
received, this exemption will be effective on October 27, 2007, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues,\3\ formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2), \4\ and trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by October 9, 2007. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by October 17, 2007, with the Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001.
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    \3\ 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.
    \4\ 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, CSX Transportation, Inc., 
500 Water St., J-150, Jacksonville, Florida 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed both an environmental report and a historic report 
that address the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by October 2, 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 September 7, 2008, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

[[Page 54978]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 19, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-18827 Filed 9-24-07; 8:45 am]
BILLING CODE 4915-01-P