[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Notices]
[Pages 14861-14862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5472]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 672X)]
CSX Transportation, Inc.--Abandonment Exemption--in Manatee
County, FL
CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR part 1152 Subpart F--Exempt Abandonments to abandon a
0.66-mile
[[Page 14862]]
line of railroad on its Southern Region, Jacksonville Division,
Palmetto Subdivision, from milepost SWC 871.0 to the end of track at
milepost 871.66, known as the west end of the Parrish Spur, City of
Palmetto, in Manatee County, FL. The line traverses United States
Postal Service Zip Code 34221.
CSXT has certified that: (1) No 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 April 28, 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
April 9, 2007. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by April 18, 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 is
currently 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, Esq., CSX Transportation,
Inc., 500 Water St., 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 April 3,
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 March 29, 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
WWW.STB.DOT.GOV.
Decided: March 20, 2007.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-5472 Filed 3-28-07; 8:45 am]
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