[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Notices]
[Page 33115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14747]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 793X); Docket No. AB 1233 (Sub-No. 1X)]
CSX Transportation, Inc.--Abandonment Exemption--in Allegheny
County, Pa.; Allegheny Valley Railroad Company--Discontinuance
Exemption--in Allegheny County, Pa.
CSX Transportation, Inc. (CSXT) and Allegheny Valley Railroad
Company (AVR) (collectively, Applicants), have jointly filed a verified
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt
Abandonments and Discontinuances of Service for CSXT to abandon, and
for AVR to discontinue service over, an approximately 0.85-mile rail
line on the River Branch, Baltimore Division, P&W Subdivision between
Val. Sta. 40+75 and the end of the line at Val. Sta. 85+76, in
Pittsburgh, Allegheny County, Pa. (the Line). The Line traverses U.S.
Postal Service Zip Code 32609.
Applicants have certified that: (1) No local traffic has moved over
the Line for at least two years; (2) any overhead traffic can be
rerouted; (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 1105.12 (newspaper publication), and 49
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
Any employee of AVR adversely affected by the discontinuance or
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\ these exemptions will
be effective on August 10, 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
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
July 22, 2019. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by July 31, 2019, with
the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\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 exemptions' 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 exemptions' effective
date.
\3\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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A copy of any petition filed with the Board should be sent to
Applicants' 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 exemptions are void ab initio.
Applicants have 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 July 16, 2019. Interested persons may obtain a copy
of the EA on the Board's website, by writing to OEA, or by calling OEA
at (202) 245-0305. Assistance for the hearing impaired is available
through the Federal 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 July 11, 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: July 8, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-14747 Filed 7-10-19; 8:45 am]
BILLING CODE 4915-01-P