This PDF is the current document as it appeared on Public Inspection on 04/01/2015 at 08:45 am.
CSX Transportation, Inc. (CSXT) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon a 15.12-mile line of railroad on its Southern Region, Huntington East Division, Big Marsh Fork Subdivision (former Jarrolds Valley Subdivision) (the Line). The Line extends between mileposts CLP 0.0 and CLP 15.12 near Whitesville, in Raleigh County, W. Va. The Line traverses United States Postal Service Zip Codes 25008, 25044, 25048, 25060, and 25193.
CSXT has certified that: (1) No local traffic has moved over the Line for at least two 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 two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 become effective on May 2, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 13, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 22, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to CSXT's representative: Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.
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. OEA will issue an environmental assessment (EA) by April 7, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (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 interim 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 April 2, 2016, 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.Start Signature
Decided: March 30, 2015.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
Brendetta S. Jones,
1. Based on prior notices of exemption, CSXT was authorized to discontinue service and abandon the same 15.12-mile line segment. See CSX Transp., Inc.—Discontinuance of Serv. Exemption—in Raleigh Cnty., W. Va., AB 55 (Sub-No. 620X) (STB served July 19, 2002); CSX Transp., Inc.—Aban. Exemption—in Raleigh Cnty., W. Va., AB 55 (Sub-No. 661X) (STB served Sept. 22, 2005). However, CSXT asserts that it never consummated the abandonment authority and that the authority has expired.Back to Citation
2. Upon receiving abandonment authority, CSXT plans to sell the Line for trail use.Back to Citation
3. The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. 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.Back to Citation
[FR Doc. 2015-07573 Filed 4-1-15; 4:45 am]
BILLING CODE CODE 4915-01-P