|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC - ABANDONMENT EXEMPTION - IN BEN HILL COUNTY, GA.|
|Director Of Proceedings|
|PROVIDED NOTICE THAT ON NOVEMBER 30, 2015, CSX TRANSPORTATION, INC. FILED A PETITION FOR EXEMPTION TO ABANDON AN APPROXIMATELY 0.23-MILE RAIL LINE IN FITZGERALD, BEN HILL COUNTY, GA.|
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|Full Text of Decision|
44934 SERVICE DATE – DECEMBER 18, 2015
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 747X)]
CSX Transportation, Inc.—Abandonment Exemption—in Ben Hill County, Ga.
On November 30, 2015, CSX Transportation, Inc. (CSXT) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. § 10502 for exemption from the provisions of 49 U.S.C. § 10903 to abandon an approximately 0.23-mile rail line between milepost SLA 660.39 and the end of the line at milepost SLA 660.62, in Fitzgerald, Ben Hill County, Ga. (the Line). The Line traverses United States Postal Zip Code 31750 and includes no stations.
According to CSXT, there is currently one customer, Modern Dispersion (Modern), located at the end of the Line. CSXT is seeking to abandon the Line and sell it to Modern so that Modern can expand its pellet shipping operations. Upon a grant of abandonment authority, the Line will be sold to Modern for its use in expanding its shipping facility. CSXT states that it plans to leave the tracks and materials in place and Modern plans to use the Line to load and unload rail cars on its own property through a private side track agreement. CSXT states that it will continue to meet Modern’s common carrier requirements and projects an increase in volume based on Modern’s plan to redevelop its current location.
According to CSXT, 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 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 March 18, 2016.
Any offer of financial assistance (OFA) under 49 C.F.R. § 1152.27(b)(2) will be due by March 28, 2016, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,600 filing fee. See 49 C.F.R. § 1002.2(f)(25).
All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 C.F.R. § 1152.28 or for trail use/rail banking under 49 C.F.R. § 1152.29 will be due no later than January 7, 2016. Each trail request must be accompanied by a $300 filing fee. See 49 C.F.R. § 1002.2(f)(27).
All filings in response to this notice must refer to Docket No. AB 55 (Sub-No. 747X) and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Replies to the petition are due on or before January 7, 2016.
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 regulations at 49 C.F.R. part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1-800-877-8339.
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any other agencies or persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in 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 generally will be within 30 days of its service.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: December 15, 2015.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.