[Federal Register: August 27, 2007 (Volume 72, Number 165)]
[Notices]
[Page 49042-49043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au07-105]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 680X)]
CSX Transportation, Inc.--Abandonment Exemption--in Portsmouth
County, VA
CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a
0.50-mile rail line on its Southern Region, Florence Division,
Portsmouth Subdivision, from railroad milepost SA 0.28 to railroad
milepost SA 0.78, in Portsmouth, Portsmouth County, VA. The line
traverses United States Postal Service Zip Code 23704.
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 at 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 September 26, 2007, 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 CFR 1152.29 must be filed by
September 6, 2007. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 17, 2007,
with the Surface Transportation Board, 395 E. Street, SW., 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 OFA must be accompanied by the filing fee, which
currently is set at $1,300. 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: Steven C. Armbrust, 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 addressing the
effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by August
31, 2007. 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 August 27, 2008, 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: August 20, 2007.
[[Page 49043]]
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-16867 Filed 8-24-07; 8:45 am]
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