[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66334-66335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27685]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 786X)]
CSX Transportation, Inc.--Abandonment Exemption--in Alachua
County, Fla.
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to
abandon an approximately 0.23-mile rail line on its Deerhaven
Subdivision, Jacksonville Division, between milepost ARB 738.42 and
milepost ARB 738.65, the end of the line, in Alachua County, Fla. (the
Line). The Line traverses U.S. Postal Service Zip Code 32609.
CSXT has certified that: (1) No local freight traffic has moved
over the Line for two years; (2) any overhead traffic on the Line can
be rerouted over other lines; (3) no formal complaint filed by a user
of rail service on the Line (or a state or local government entity
acting on behalf of such user) regarding cessation of service over the
Line is either pending with the Surface Transportation Board or any
U.S. District Court or has been decided in favor of a complainant
within the two-year period; and (4) the requirements at 49 CFR 1105.7
(service of environmental and historic report), 49 CFR 1105.12
(newspaper publication), and 49 CFR
[[Page 66335]]
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,\1\ this exemption will be
effective on January 25, 2019, 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
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by January 7, 2019. Petitions to reopen or requests for public
use conditions under 49 CFR 1152.28 must be filed by January 15, 2019,
with the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\1\ The Board modified its OFA procedures effective July 29,
2017. Among other things, the OFA process now requires potential
offerors, in their formal expression of intent, to make a
preliminary financial responsibility showing based on a calculation
using information contained in the carrier's filing and publicly
available information. See Offers of Financial Assistance, EP 729
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
\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
currently is set at $1,800. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with 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 a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by December 31, 2018. 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 (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 December 26, 2019, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at www.stb.gov.
Decided: December 18, 2018.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-27685 Filed 12-21-18; 8:45 am]
BILLING CODE 4915-01-P