[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37903-37904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13437]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 808X)]


CSX Transportation, Inc.--Abandonment Exemption--in Gwinnett, Ga.

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 0.13-mile rail line that runs between Val Sta. 
12+37 and Val Sta. 19+52 on its Atlanta Division, Abbeville 
Subdivision, Lawrenceville Branch, in Gwinnett County, Ga. (the Line). 
The Line traverses U.S. Postal Service Zip Code 30046.
    CSXT has certified that: (1) no freight traffic has moved over the 
Line for the prior two years; (2) because it is not a through line, no 
overhead traffic has operated over the Line, and none would need to be 
rerouted as a result of the proposed abandonment; (3) no formal 
complaint filed by a user of rail service on the Line (or by state or 
local government on behalf of such user) regarding cessation of service 
over the Line either is pending with the Surface Transportation Board 
(Board) or has

[[Page 37904]]

been decided in favor of a complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.7(b) and 1105.8(c) (notice of 
environmental and historic reports), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to government 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) has been received,\1\ this exemption will be 
effective on July 24, 2022, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \2\ must be 
filed by July 1, 2022. 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 5, 2022.\3\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by July 14, 2022.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 55 (Sub-No. 808X), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on 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 1, 2022. The Draft EA will 
be available to interested persons on the Board's website, by writing 
to OEA, or by calling OEA at (202) 245-0294. Assistance for the hearing 
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental or historic preservation matters must 
be filed within 15 days after the Draft 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 June 24, 2023, 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, 2022.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-13437 Filed 6-23-22; 8:45 am]
BILLING CODE 4915-01-P