SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_772_X

Case Title:  
CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER AND NICHOLAS COUNTIES, W.VA.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 14.4-MILE RAIL LINE IN GREENBRIER AND NICHOLAS COUNTIES, W. VA.

    Decision Attachments

91 KB


Approximate download time at 28.8 kb: 56 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

40928

46013                         SERVICE DATE – SEPTEMBER 15, 2017

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 772X)]

CSX Transportation, Inc.—Abandonment Exemption—in Greenbrier and Nicholas Counties, W. Va.

CSX Transportation, Inc. (CSXT) has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon an approximately 14.4‑mile rail line, known as the G&E Subdivision, in the Southern Region, Florence Division, between milepost CAJ 0.0 at the switch to the Sewell Valley Subdivision mainline track in Rainelle, and the end of the line at milepost CAJ 14.43 about two miles northeast of Green Valley, in Greenbrier and Nicholas Counties, W. Va. (the Line).[1]  The Line traverses United States Postal Service Zip Codes 25962, 25981, and 26676 and includes the Quinwood station (FSAC 83070/SPLC 278129), the Bellburn station (FSAC 83062/SPLC 278121), and the Rainelle Jct. station (FSAC 83044/SPLC 278176).  CSXT states that these stations can be closed.

CSXT has certified that:  (1) no local freight traffic has moved over the Line for at least two years; (2) because the Line is not a through route, no overhead traffic has operated; and, therefore, none needs to 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 Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of 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 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 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 October 17, 2017, 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 September 25, 2017.  Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by October 5, 2017, 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 Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD  21204.

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

            CSXT 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 September 22, 2017.  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 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), 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 September 15, 2018, 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.GOV.

            Decided:  September 12, 2017.

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



[1]  In the verified notice, CSXT states that, following abandonment, it plans to consummate the abandonment, reclassify the Line as a spur track, and lease it to a customer who plans to redevelop the site and use the track to reach its facility.

[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 $1,800.  See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 28, 2017).