|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MARION COUNTY, IND.|
|Director Of Proceedings|
|PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 0.82-MILE LINE OF RAILROAD IN MARION COUNTY, IND.|
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|Full Text of Decision|
40778 SERVICE DATE – MAY 14, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 702X)]
CSX Transportation, Inc.–Abandonment
On April 26, 2010, CSX Transportation, Inc. (CSXT) filed with the Board a petition under 49 U.S.C. § 10502 for exemption from the provisions of 49 U.S.C. § 10903 to abandon a 0.82-mile line of railroad in its Northern Region, Great Lakes Division, Indianapolis Terminal Subdivision, between milepost QSZ 3.60 and milepost QSZ 4.42, known as the Speedway Running Track, in Indianapolis, Marion County, Ind. The line traverses United States Postal Service Zip Code 46222 and includes no stations.
In addition to an exemption from the prior approval requirements of 49 U.S.C. § 10903, CSXT seeks exemption from 49 U.S.C. § 10904 [offer of financial assistance (OFA) procedures]. In support, CSXT states that it intends to reclassify the track as excepted track and sell or lease it to Heritage-Crystal Clean (HCC), the only shipper on the line. According to CSXT, the line is no longer needed for common carrier service, and HCC wants to acquire and maintain the line to allow for expanded intra-plant operations and rail use without incurring a common carrier obligation. This request will be addressed in the final decision.
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 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 August 13, 2010.
Any 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 3, 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. 702X), and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) Kathryn R. Barney, 500 Water Street – J150, Jacksonville, FL 32202. Replies to the petition are due on or before June 3, 2010.
Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs and Compliance at (202) 245-0328 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 preparation. 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 will generally be within 30 days of its service.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: May 7, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.