[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Notices]
[Pages 11679-11680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6827]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-55 (Sub-No. 523X)]
CSX Transportation, Inc.--Abandonment Exemption--in Raleigh
County, WV
CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 6.23 miles of its line of railroad between milepost CAQ-
13.72 at Stotesbury and milepost CAQ-19.95 at Stone Coal Junction, in
Raleigh County, WV.2
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
\2\ In CSX Transportation, Inc.--Abandonment Exemption-- In
Raleigh County, WV, Docket No. AB-55 (Sub-No. 394X), a notice of
exemption was served on September 21, 1991, of CSXT's abandonment of
it's line segment between milepost CAQ-5.45 at Pemberton, and
milepost CAQ-13.72, at Stotesbury.
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CSXT has certified that: (1) No local traffic has moved over the
line for at
[[Page 11680]]
least 2 years; (2) overhead traffic that formerly moved over this line
is now moving via CSXT over a leased NS line parallel to this
line;3 (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 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.
\3\ See CSX Transportation, Inc.--Lease and Operation
Exemption--Norfolk and Western Railway Company, Finance Docket No.
32768 (ICC served Oct. 27, 1995).
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As a condition to use of 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 April 20, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,4
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),5 and trail use/rail banking requests under 49 CFR
1152.29 6 must be filed by April 1, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 10, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
\4\ 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.
\5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\6\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Charles M. Rosenberger, Senior Counsel, 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
abandonments effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 26, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: March 13, 1996.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-6827 Filed 3-20-96; 8:45 am]
BILLING CODE 4915-00-P
