[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37492-37493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13299]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 801X)]


CSX Transportation, Inc.--Abandonment Exemption--in Greenbrier 
and Fayette Counties, W. 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 6.39-mile rail line between milepost CAF 20.61 
and milepost CAF 27.0, near Rainelle in Greenbrier and Fayette 
Counties, W. Va. (the Line).\1\ The Line traverses U.S. Postal Service 
Zip Code 25962 and does not include any stations.
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    \1\ CSXT was granted authority in 2017 to abandon two contiguous 
segments of track that together encompass the Line. See CSX Transp., 
Inc.--Aban. Exemption--in Greenbrier & Fayette Ctys., W. Va., AB 55 
(Sub No. 768X) (STB served Jan. 27, 2017) and CSX Transp., Inc.--
Aban. Exemption--in Greenbrier Cty., W. Va., AB 55 (Sub-No. 776X) 
(STB served Dec. 20, 2017). Because its authority to abandon expired 
in both proceedings, CSXT is seeking renewed authority to abandon 
the Line.
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    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,\2\ the exemption will be 
effective on July 22, 2020, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ 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 July 2, 2020.\4\ Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by July 13, 2020, 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
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    \2\ 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).
    \3\ 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.
    \4\ 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 July 17, 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,

[[Page 37493]]

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 June 22, 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: June 16, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2020-13299 Filed 6-19-20; 8:45 am]
BILLING CODE 4915-01-P