[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Notices]
[Pages 61574-61575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16823]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 816X)]


CSX Transportation, Inc.--Abandonment Exemption--in Pike County, 
KY

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 5.1-mile rail line that runs between milepost 
CML 9.0 and milepost CML 14.1, Louisville Division, Winns Branch-Big 
Sandy Subdivision, in Pike County, Ky. (the Line). The Line traverses 
U.S. Postal Service Zip Codes 41557 and 41501.
    CSXT has certified that: (1) no local freight traffic has moved 
over the Line during the past two years; (2) any overhead traffic on 
the Line 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 on behalf of such user) regarding cessation of service over 
the Line is pending with either 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 1105.7(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 August 30, 2024, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \2\ must be 
filed by August 9, 2024. 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 August 12, 2024.\3\ Petitions to 
reopen and requests for public use conditions under 49 CFR 1152.28 must 
be filed by August 20, 2024.
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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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    All pleadings, referring to Docket No. AB 55 (Sub-No. 816X), 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

[[Page 61575]]

the abandonment on the environment and historic resources. OEA will 
issue a Draft Environmental Assessment (Draft EA) by August 5, 2024. 
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. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245. 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 July 31, 2025, 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 24, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-16823 Filed 7-30-24; 8:45 am]
BILLING CODE 4915-01-P