[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Page 29501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10391]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 799X)]
CSX Transportation, Inc.--Abandonment Exemption--in Dickenson
County, Va.
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 13.65-mile rail line on its Florence Division,
Kingsport Subdivision, Fremont Branch extending between milepost ZF 0.0
and milepost ZF 13.65, in Dickenson County, Va. (the Line). The Line
traverses U.S. Postal Zip Codes 24226, 24228, and 24230.
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
and 1105.8 (notice of environmental and historic report), 49 CFR
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
Any employee of CSXT 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\ the exemption will be
effective on June 14, 2020, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues must be
filed by May 22, 2020.\2\ Formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests
under 49 CFR 1152.29 must be filed by May 26, 2020.\3\ Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by June 4, 2020, 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 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
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 potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by May 22, 2020. The Draft 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 Draft EA becomes available to the
public.
Environmental, historic preservation, public use, or interim 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 May 15, 2021, 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: May 11, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-10391 Filed 5-14-20; 8:45 am]
BILLING CODE 4915-01-P