[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Pages 6014-6015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2702]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 645X)]


CSX Transportation, Inc.--Abandonment Exemption--in Floyd County, 
KY

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 
approximately 9.1 miles of railroad between milepost COQ-1.0 at 
McNalley and milepost COQ-10.1 near East David, in Floyd County, KY. 
The line traverses United States Postal Service Zip Codes 41653 and 
41616. The stations on the line are located at McNally, Samson, Joyce, 
Marie, Permele, Beverly Ann and David.
    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 and discontinuance 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

[[Page 6015]]

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 March 10, 2004, 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 FR 1152.29 must be filed by 
February 19, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 1, 2004, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \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 (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.
    \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).
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Natalie S. Rosenberg, 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 effects, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by 
February 13, 2004. 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) 565-1539. [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 its line. If 
consummation has not been effected by CSXT's filing of a notice of 
consummation by February 9, 2005, 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 
``http://www.stb.dot.gov.''

    Decided: February 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-2702 Filed 2-6-04; 8:45 am]
BILLING CODE 4915-00-P