[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51469-51470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20986]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 708X)]


CSX Transportation, Inc.--Abandonment Exemption--in Beaver 
County, PA

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 2.39-mile rail line on its Northern Region, 
Pittsburg Subdivision, between milepost PLK 0.0 and milepost PLK 2.39, 
in Koppel, Beaver County, Pa. The line traverses United States Postal 
Service Zip Code 16136 and includes no stations.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has operated on the 
line so 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 2-year period; and (4) 
the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 
1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), 
and 49 CFR 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 September 17, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to

[[Page 51470]]

file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by August 29, 2011. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by September 7, 2011,\3\ with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \3\ CSXT notes that it does not believe that the line is 
appropriate for other public purposes but may be subject to 
reversionary interests.
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Louis E. Gitomer, Law Offices of Louis E. 
Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by August 
23, 2011. 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 
1-800-877-8339. 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 CFR 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 August 18, 2012, 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 Web site at http://www.stb.dot.gov.

    Decided: August 12, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-20986 Filed 8-17-11; 8:45 am]
BILLING CODE 4915-01-P