SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_727_X

Case Title:  
CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION-IN WASHINGTON COUNTY, MD.

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 FOR CSXT TO ABANDON APPROXIMATELY 0.76 MILES OF ITS RAILROAD LINE KNOWN AS THE HAGERSTOWN INDUSTRIAL TRACK, IN HAGERSTOWN-ST. JAMES, WASHINGTON COUNTY, MD.

    Decision Attachments

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    Full Text of Decision

40484

43200 SERVICE DATE – JULY 18, 2013

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 727X)]

CSX Transportation, Inc.—Abandonment Exemption—in Washington County, Md.

On June 28, 2013, CSX Transportation, Inc. (CSXT) filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 for CSXT to abandon approximately 0.76 miles of its railroad line known as the Hagerstown Industrial Track, between milepost BAW 19.44 and milepost BAW 18.68 in Hagerstown-St. James, Washington County, Md. The line traverses United States Postal Service Zip Code 21740. There are no stations on the line.[1]

CSXT states that, based on information in its possession, the line does not contain Federally granted rights-of-way. Any documentation in CSXT’s possession will be made available 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 October 16, 2013.

Any offer of financial assistance (OFA) under 49 C.F.R. 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 $1,600 filing fee. See 49 C.F.R. 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 C.F.R. 1152.28 or for interim trail use/rail banking under 49 C.F.R. 1152.29 will be due no later than August 7, 2013. Each trail use request must be accompanied by a $250 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. 727X) and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) Melanie Yasbin, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204. Replies to the petition are due on or before August 7, 2013.

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 C.F.R. pt. 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 (FIRS) 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 agencies or other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). 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 generally will be within 30 days of its service.

Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”

Decided: July 12, 2013.

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



[1] CSXT states that there is only one shipper on the line, Conservit, Inc. (Conservit). According to CSXT, upon a grant of abandonment authority, CSXT plans to reclassify the line as spur track and sell it to Conservit, which plans to improve the track and redevelop the site. CSXT states that it will continue to meet Conservit’s common carrier requirements.