[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Notices]
[Page 338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31606]



[[Page 338]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 724X)]


CSX Transportation, Inc.; Abandonment Exemption--in Ewing 
Township, Mercer County, NJ

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 1.67-mile rail line on its Northern Region, 
Albany Division, Trenton Subdivision, between milepost QAT 32.82, near 
the connection to CSXT's main line located near Railroad Avenue and 
Water Drive, and the end of the track at milepost QAT 34.49, in Ewing 
Township, Mercer County, N.J. (the Line). The Line traverses United 
States Postal Service Zip Codes 08628 and 08618, and includes the West 
Trenton Station located at milepost QAT 33.
    In the notice, CSXT explains that, following abandonment, it 
intends to reclassify a 1.40-mile portion of the Line between milepost 
QAT 32.80 and milepost QAT 34.20 as industry lead track for future 
transportation needs. CSXT also intends to transfer the remaining 0.29-
mile portion of the Line to the Christina Seix Academy to be used as a 
roadway for access to the school. CSXT states that the Line may be 
suitable for other public purposes, but may be subject to reversionary 
interests.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic can 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 two-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 February 2, 2013, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to 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 
January 14, 2013. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 23, 2013, 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 $1,600. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2012 
Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).
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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 January 
8, 2013. 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 January 3, 2014, 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 
www.stb.dot.gov.

    Decided: December 26, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-31606 Filed 1-2-13; 8:45 am]
BILLING CODE 4915-01-P