[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Page 56004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23071]



[[Page 56004]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 717X)]


CSX Transportation, Inc.--Abandonment Exemption--in Miami-Dade 
County, FL

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon its freight rail easement over an approximately 0.95-mile rail 
line on its Southern Region, Jacksonville Division, Miami Subdivision, 
extending between milepost SX 1036.8 and the end of the track at 
milepost SX 1037.5, including approximately 1,300 feet of connecting 
track beginning 150 feet from the point of switch near milepost SXH 
37.0 in Miami, Miami-Dade County, Fla. (the Line). The Line traverses 
United States Postal Service Zip Code 33142 and includes no 
stations.\1\
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    \1\ CSXT states that it previously sold the right-of-way and 
track and materials to the Florida Department of Transportation 
(FDOT) and retained a permanent freight easement to continue to 
provide exclusive rail freight service on the Line. CSXT explains 
that FDOT, as owner of the underlying right-of-way and track and 
materials, has now advised that it intends to use the Line to 
construct the East Concourse Project as part of the last phase of 
the Miami Intermodal Center Program.
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    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least 2 years; (2) there is no overhead traffic 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 October 11, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 19, 2011. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 29, 2011, 
with the Surface Transportation Board, 395 E Street, SW., Washington, 
DC 20423-0001.
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    \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 $1,500. See 49 CFR 1002.2(f)(25).
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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 Avenue, 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 September 
16, 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 September 9, 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: September 2, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2011-23071 Filed 9-8-11; 8:45 am]
BILLING CODE 4915-01-P