SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_701_x

Case Title:  
CSX TRANSPORTATION, INC.—ABANDONMENT EXEMPTION—IN VIGO COUNTY, IND.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 3.71-MILE RAIL LINE IN VIGO COUNTY, IND.

    Decision Attachments

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    Full Text of Decision

Draft Notice of Petition to Abandon

40792 SERVICE DATE – MAY 20, 2010

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 701X)]

CSX Transportation, Inc.—Abandonment Exemption—in Vigo County, Ind.

On April 30, 2010, 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 a 3.71-mile rail line on its Southern Region, Nashville Division, CE&D Subdivision, between milepost QST 1.42 (Park Street) and milepost QST 5.13 (Spring Hill), in Terre Haute (City), Vigo County (County), Ind.[1] The line contains the International Paper Lead and portions of the Graham Grain Lead and the 1st Street Lead. The line traverses United States Postal Service Zip Code 47802 and includes no stations.

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 and The Union Pacific Railroad Company—Abandonment Portion Goshen Branch Between Firth and Ammon, In Bingham and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).

By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued on or before August 18, 2010.

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 $1,500 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 trail use/rail banking under 49 C.F.R. 1152.29 will be due no later than June 9, 2010. 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. 701X) and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, D.C. 20423-0001; and (2) Louis E. Gitomer, 600 Baltimore Ave., Suite 301, Towson, Md. 21204, and Steven Armbrust, 500 Water St., Jacksonville, Fla. 32202. Replies to the petition are due on or before June 9, 2010.

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. 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 presentation. Other interested persons may contact SEA 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 AWWW.STB.DOT.GOV.@

Decided: May 14, 2010.

By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.



[1] CSXT states that once abandonment authority has been approved, it intends to reclassify 1.35 miles of trackage between milepost QST 1.42 and milepost QST 2.77 (Helen Avenue) to excepted track. Also, CSXT states that it has received expressions of interest from the City and County about converting the remaining 2.36 miles of trackage between mileposts 2.77 and 5.13 into a trail. CSXT adds that, if a request for interim trail use/rail banking is filed, it plans to agree to negotiate.