[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Notices]
[Pages 70405-70406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27418]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 691X)]


CSX Transportation, Inc.--Abandonment Exemption--in Worcester 
County, MA

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
4.2-mile line of railroad between milepost QBU 0.0 (Fitchburg) and 
milepost QBU 4.2 (Leominster), in Worcester County, MA (the line).\1\ 
The line traverses United States Postal Service Zip Codes 01420 and 
01453.
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    \1\ By notice served and published in the Federal Register on 
May 30, 2002 (67 FR 37911), CSXT and New York Central Lines, LLC 
(NYC), were previously granted abandonment authority for the line 
under STB Docket Nos. AB-565 (Sub-No. 10X) and AB-55 (Sub-No. 616X). 
CSXT states that it is re-filing pursuant to 49 CFR 1152.29(e)(2) 
because the abandonment authority has lapsed. CSXT is NYC's 
successor by merger. See CSX Corporation and CSX Transportation, 
Inc., Norfolk Southern Corporation and Norfolk Southern Railway 
Company--Control and Operating Leases/Agreements--Conrail Inc. and 
Consolidated Rail Corporation, STB Finance Docket No. 33388 (Sub-No. 
94) (STB served Nov. 7, 2003).
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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 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 a complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8 (historic report), 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 December 20, 2008, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to

[[Page 70406]]

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 December 1, 2008. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 10, 2008, with the Surface 
Transportation Board, 395 E Street, SW., 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\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 Update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Kathryn R. Barney, 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 environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by November 
25, 2008. 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 November 20, 2009, 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: November 13, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-27418 Filed 11-19-08; 8:45 am]
BILLING CODE 4915-01-P