SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_557_1_X

Case Title:  
TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SCOTT COUNTY, TENN.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT THE TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY CO. (CSR) HAVE FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR PT. 1152 SUBPART F—EXEMPT ABANDONMENTS TO ABANDON APPROXIMATELY 3.09 MILES OF RAIL LINE EXTENDING FROM MILEPOST NR 215.61 NEAR HELENWOOD TO MILEPOST NR 218.7 AT NEW RIVER IN SCOTT COUNTY, TENN.

    Decision Attachments

12 KB


Approximate download time at 28.8 kb: 18 Seconds

Note:
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.

    Full Text of Decision

35891

44811 SERVICE DATE – OCTOBER 28, 2015

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 557 (Sub-No. 1X)]

Trustees of the Cincinnati Southern Railway Company—Abandonment Exemption—in Scott County, Tenn.

The Trustees of the Cincinnati Southern Railway Co. (CSR) have filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F—Exempt Abandonments to abandon approximately 3.09 miles of rail line extending from milepost NR 215.61 near Helenwood to milepost NR 218.7 at New River in Scott County, Tenn. (the Line).[1] The Line traverses United States Postal Service Zip Code 37755.

CSR has certified that: (1) no local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and overhead traffic, if there were any, could 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 is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 C.F.R.  1105.7(c) (environmental report), 49 C.F.R.  1105.11 (transmittal letter), 49 C.F.R.  1105.12 (newspaper publication), and 49 C.F.R.  1152.50(d)(1) (notice to government agencies) have been met.

As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 November 27, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[2] formal expressions of intent to file an OFA under 49 C.F.R.  1152.27(c)(2),[3] and interim trail use/rail banking requests under 49 C.F.R.  1152.29 must be filed by November 9, 2015. Petitions to reopen or requests for public use conditions under 49 C.F.R.  1152.28 must be filed by November 17, 2015, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to applicant’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave., N.W., Suite 300, Washington, DC 20037.

If the verified notice contains false or misleading information, the exemption is void ab initio.

CSR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 2, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (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 C.F.R.  1152.29(e)(2), CSR 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 filing of a notice of consummation by October 28, 2016, 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 website at “www.stb.dot.gov.”

Decided: October 23, 2015.

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



[1] In its verified notice of exemption, CSR states that it holds legal title to the Line for the benefit of the City of Cincinnati. According to CSR, CSR has agreed to sell its interest in the right-of-way over the Line to KT Group following consummation of the abandonment. CSR notes that KT Group intends to salvage the Line.

[2] The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. 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] Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 C.F.R.  1002.2(f)(25).