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E-M:/ CSX Rail Abandonment, St. Clair County

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[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Page 40332]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 636X)]

CSX Transportation, Inc.--Abandonment Exemption--in St. Clair
County, MI

     CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon an
approximately 2.68-mile line of railroad between milepost CBD 83.28 at
Tappan, and milepost CBD 85.96 near Port Huron, in St. Clair County,
MI. The line traverses United States Postal Service Zip Codes 48060 and
     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, this exemption will be effective on August 6,
2003, 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 July 17, 2003. Petitions
to reopen or requests for public use conditions under 49 CFR 1152.28
must be filed by July 28, 2003, with: Surface Transportation Board,
1925 K Street, NW., Washington, DC 20423-0001.

     \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 $1,100. See 49 CFR 1002.2(f)(25).

     A copy of any petition filed with the Board should be sent to
applicant's representative: Natalie S. Rosenberg, 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. SEA will issue an environmental assessment (EA) by July 11,
2003. 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) 565-1552. [Assistance for the hearing impaired
is available through the Federal Information Relay Service (FIRS) at 1-
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
     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 July 7, 2004, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
     Board decisions and notices are available on our Web site at <A 

     Decided: June 30, 2003.

     By the Board, David M. Konschnik, Director, Office of
Vernon A. Williams,
[FR Doc. 03-17039 Filed 7-3-03; 8:45 am]

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