Abandonment Exemption: CSX Transportation, Inc.; McMinn County, TN

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Federal Register: May 21, 2009 (Volume 74, Number 97)

Notices

Page 23926-23927

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21my09-143

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

STB Docket No. AB-55 (Sub-No. 694X)

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

County, TN

On May 1, 2009, CSX Transportation, Inc. (CSXT), filed with the

Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 6.4-mile rail line, known as the Athens Branch, on its Southern Region, Huntington-West Division, KD

Subdivision between milepost OKW 327, at Englewood, and milepost OKW 333.4, at Athens, in McMinn County, TN. The line traverses United

States Postal Service Zip Codes 37329 and 37303, and includes the

Athens station (milepost OKW 334).

The line does not contain federally granted rights-of-way. Any documentation in CSXT's possession will be made available promptly to those requesting it.

The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).

By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 19, 2009.

Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25).

All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than June 10, 2009. Each trail use request must be accompanied by the appropriate filing fee. See 49 CFR 1002.2(f)(27).\1\

\1\ Until June 3, 2009, the filing fee for a request for a trail use condition is $200. On June 4, 2009, that fee will increase to

$250. See Regulations Governing Fees for Services Performed in

Connection with Licensing and Related Services--2009 Update, STB Ex

Parte No. 542 (Sub-No. 16) (STB served May 4, 2009).

All filings in response to this notice must refer to STB Docket No.

AB-55 (Sub-No. 694X), and must be sent to: (1) Surface Transportation

Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Louis E.

Gitomer, Esq., Law Offices of Louis E. Gitomer, 600 Baltimore Avenue,

Suite 301, Towson, MD 21204. Replies to the petition are due on or before June 10, 2009.

Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance,

Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152.

Questions concerning environmental issues may be directed to the

Board's Section of Environmental Analysis (SEA) at (202) 245-0305.

Assistance for the hearing impaired is available through the Federal

Information Relay Service (FIRS) at 1-800-877-8339.

An environmental assessment (EA) (or environmental impact statement

(EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS).

Page 23927

EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.

Board decisions and notices are available on our Web site at http:/

/www.stb.dot.gov.

Decided: May 15, 2009.

By the Board, Rachel D. Campbell, Director, Office of

Proceedings.

Kulunie L. Cannon,

Clearance Clerk.

FR Doc. E9-11875 Filed 5-20-09; 8:45 am

BILLING CODE 4915-01-P

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