[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
[Notices]
[Pages 10308-10309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5546]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-55 (Sub-No. 539X)]


CSX Transportation, Inc.--Abandonment Exemption--in Harrison 
County, WV

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon 14.1 
miles of its line of railroad between milepost 2.1 at Clarksburg and 
milepost 16.2 at McWhorter, in Harrison County, WV.
    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,<SUP>1 this exemption will be effective on 
April 5, 1997, unless stayed pending reconsideration. Petitions to stay 
that do not involve environmental issues,<SUP>2 formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2), and trail use/rail 
banking requests under 49 CFR 1152.29 <SUP>3 must be filed by March 19, 
1997. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by March 26, 1997, with: Office of the 
Secretary, Case Control Branch, Surface Transportation Board, 1201 
Constitution Avenue, N.W., Washington, DC 20423.<SUP>4
---------------------------------------------------------------------------

    \1\ Under 49 CFR 1152.27(c)(2)(i), the expression of intent to 
file an OFA would normally be due 10 days after publication of 
notice in the Federal Register. However, due to the Board's 
scheduled relocation on March 16, 1997, expressions of intent in 
this proceeding may be filed as late as March 19, 1997.
    \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 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\ The Board will accept late-filed trail use requests as long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
    \4\ Due to the Board's scheduled relocation on March 16, 1997, 
any filings made after March 16, 1997, must be filed with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1925 K Street, N.W., Washington, DC 20423.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles M. Rosenberger, Senior Counsel, 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 Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by March 11, 1997. 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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file 
a notice of consummation with the Board to signify

[[Page 10309]]

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 March 6, 1998, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.

    Decided: February 25, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-5546 Filed 3-5-97; 8:45 am]
BILLING CODE 4915-00-P