Federal Register, Volume 84 Issue 49 (Wednesday, March 13, 2019)

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9200-9201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04598]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 788X)]


CSX Transportation, Inc.--Abandonment Exemption--in Preston 
County, W. Va.

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 6.78-mile rail line between milepost BAJ 3.0 
and milepost BAJ 9.78 in Preston County, W. Va. (the Line).\1\ The Line 
traverses U.S. Postal Service Zip Codes 26764 and 26537 and includes 
the stations of Murphy Mine, Stoer, Shatzer, and Preston.
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    \1\ The Line was part of a 14.3-mile line of railroad between 
milepost BAJ 0.0 at Rowlesburg and milepost BAJ 14.3 near Albright 
in Preston County, W. Va., that CSXT was previously authorized to 
abandon. CSX Transp., Inc.--Aban. Exemption--in Preston Cty., W. 
Va., AB 55 (Sub-No. 625X) (STB served Jan. 9, 2004). However, CSXT 
did not timely file a notice of consummation of abandonment for the 
6.78 miles that comprise the Line and the abandonment authority 
automatically expired. CSX Transp., Inc.--Aban. Exemption--in 
Preston Cty., W. Va., AB 55 (Sub-No. 625X) (STB served Dec. 18, 
2018).
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    CSXT has certified that: (1) No local freight traffic has moved 
over the Line for at least 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 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 and 1105.8 (environmental report and historic report), 49 
CFR 1105.12 (newspaper publication), and 49 CFR

[[Page 9201]]

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) \2\ has been received, this exemption will 
be effective on April 12, 2019,\3\ unless stayed pending 
reconsideration. Formal expressions of intent to file an OFA under 49 
CFR 1152.27(c)(2) \4\ must be filed by March 22, 2019. Petitions to 
stay that do not involve environmental issues,\5\ and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by March 25, 2019. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by April 2, 2019, with the Surface Transportation 
Board, 395 E Street SW, Washington, DC 20423-0001.
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    \2\ 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).
    \3\ Although CSXT states in its verified notice that the 
proposed consummation date of this transaction is April 1, 2019, 
this transaction cannot be consummated until April 12, 2019 (50 days 
from the verified notice's filing date). See 49 CFR 1152.50(d)(2).
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See 49 CFR 1002.2(f)(25).
    \5\ 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.
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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 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 March 18, 2019. Interested persons may obtain a copy of the EA by 
writing to OEA (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 March 13, 2020, 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: March 7, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-04598 Filed 3-12-19; 8:45 am]
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