[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Page 52294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24258]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 699X)]


CSX Transportation, Inc.--Abandonment Exemption--in McMinn 
County, TN

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.22-mile 
line of railroad on CSXT's Southern Region, Huntington-West Division, 
KD Subdivision, extending from milepost OKW 333.40 to milepost OKW 
333.62, in Athens, McMinn County, TN.\1\ The line traverses United 
States Postal Service Zip Code 37303.
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    \1\ By decision and notice served on July 27, 2001, in STB 
Docket No. AB-55 (Sub-No. 586X), CSXT was granted an exemption from 
the prior approval requirements of 49 U.S.C. 10903 to abandon a 
larger rail line between milepost OKW 333.40, and milepost OKW 
334.24. That exemption included the smaller line segment at issue 
here, between milepost OKW 333.40 and milepost OKW 333.62. CSXT 
allowed the abandonment authority for this smaller segment to expire 
when it did not, by July 27, 2002, file with the Board a notice of 
consummation of abandonment of this smaller segment.
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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 on the line 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 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 of 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 November 10, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to 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 
October 19, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 29, 2009, 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\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. 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: Kathryn R. Barney, 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 which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by October 
16, 2009. 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 October 9, 2010, 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: October 2, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-24258 Filed 10-8-09; 8:45 am]
BILLING CODE 4915-01-P