[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57696-57697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27383]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 575X)]
CSX Transportation, Inc.--Abandonment Exemption--in Lee County,
VA
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
its line of railroad between milepost OCV-242.00 and milepost OCV-
243.6, near Hagans, in Lee County, VA, a distance of approximately 1.6
miles (line). The line traverses United States Postal Service Zip Code
24263.
CSXT has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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 November
25, 1999, 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
November 5, 1999. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by November 15, 1999,
with the Surface Transportation Board, Office of the Secretary, Case
Control Unit, 1925 K Street, NW, Washington, DC 20423-0001.
---------------------------------------------------------------------------
\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 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 offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: Charles M. Rosenberger, Esq., CSX
Transportation, Inc., 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 an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The
[[Page 57697]]
Section of Environmental Analysis (SEA) will issue an environmental
assessment (EA) by November 1, 1999. 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) 565-1545.
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 October 26, 2000, 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 website at
``WWW.STB.DOT.GOV.''
Decided: October 14, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-27383 Filed 10-22-99; 8:45 am]
BILLING CODE 4915-00-P
