[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54716-54717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22173]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 405X)]
Norfolk Southern Railway Company--Abandonment Exemption--in the
City of Cincinnati, Ohio and Hamilton County, Ohio
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon rail service over an approximately 0.64-mile rail line, from
milepost CT 3.06 to milepost CT 3.70, including 2,868 feet of
unmileposted runaround track located at milepost CT 3.49, in the City
of Cincinnati, Ohio, and Hamilton County, Ohio (the Line). The Line
traverses U.S. Postal Service Zip Codes 45207 and 45212.
NSR has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) no overhead traffic has moved over the
Line for at least two years, and overhead traffic, if there were any,
could 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 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 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to
governmental agencies), and 49 CFR 1105.7 and 1105.8 (environmental and
historic report), 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) \1\ has been received, this exemption will
be effective on November 9, 2019, unless stayed pending
reconsideration. Petitions to stay that do not involve environmental
issues must be filed by October 18, 2019.\2\ Formal expressions of
intent to file an OFA under 49 CFR 1152.27(c)(2) and trail use/rail
banking requests under 49 CFR 1152.29 must be filed by October 21,
2019.\3\ Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by October 30, 2019, with the
Surface
[[Page 54717]]
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 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\ 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 NSR's
representatives, William A. Mullins and Crystal M. Zorbaugh, Baker &
Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC
20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NSR has filed a combined environmental and historic report that
addresses the potential effects of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by October 15, 2019. The EA will be available to interested persons 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), NSR 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 NSR's filing a notice of
consummation by October 10, 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: October 4, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-22173 Filed 10-9-19; 8:45 am]
BILLING CODE 4915-01-P