[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78426-78427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21940]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 553X)]


Norfolk Southern Railway Company--Discontinuance of Trackage 
Rights Exemption--in Cuyahoga County, Ohio

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue trackage rights over 
approximately 1.3 miles of rail line owned by CSX Transportation, Inc. 
(CSXT), between milepost BJB 73.21 and milepost BJB 74.51 (the Line) on 
CSXT's Cleveland Subdivision.\1\ The Line traverses U.S. Postal Service 
Zip Codes 44113 and 44115.
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    \1\ CSXT received authority to abandon the Line in 2023. See CSX 
Transp., Inc.--Aban. Exemption--in Cuyahoga Cnty., Ohio, AB 55 (Sub-
No. 812X) (STB served Sept. 1, 2023). CSXT did not disclose the 
existence of NSR's trackage rights in that proceeding. On September 
6, 2024, in that docket, CSXT filed a request for an extension of 
the consummation deadline. CSXT states that NSR's trackage rights 
constitute a barrier to CSXT's consummation of abandonment and 
requests that the Board extend the deadline to consummate until 60 
days after NSR's discontinuance authority in this docket is granted. 
CSXT's request for an extension will be addressed in a separate 
decision in Docket No. AB 55 (Sub-No. 812X).
    In light of that pending request, however, NSR is directed to 
notify CSXT when NSR has consummated its authority to discontinue 
service over the Line. See BNSF Ry.--Aban. Exemption--in Flathead 
Cnty., Mont., AB 6 (Sub-No. 495X), slip op. at 2 n.2 (STB served 
Aug. 14, 2017).
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    NSR has certified that: (1) no local traffic has moved over the 
Line for at least two years; (2) any common carrier overhead traffic 
can be rerouted; (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 on the Line is 
either pending with the Surface Transportation Board (Board) or with 
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) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on October 25, 2024, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 
\3\ must be filed by October 4, 2024.\4\ Petitions to reopen must be 
filed by October 15, 2024.
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    \2\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. As noted, supra note 1, CSXT 
received authority to abandon the Line in CSX Transportation, Inc.--
Abandonment Exemption--in Cuyahoga County, Ohio, AB 55 (Sub-No. 
812X) (STB served Sept. 1, 2023). In its environmental review in 
that proceeding, the Board's Office of Environmental Analysis found 
that the abandonment would not significantly affect the quality of 
the human environment and recommended no environmental conditions. 
As a result, none were imposed. CSX Transp., Inc.--Aban. Exemption--
in Cuyahoga Cnty., Ohio, AB 55 (Sub-No. 812X) (STB served Sept. 28, 
2023). Because the Line has already been subject to environmental 
review during the abandonment proceeding, this discontinuance does 
not require environmental review.

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[[Page 78427]]

    All pleadings, referring to Docket No. AB 290 (Sub-No. 553X), must 
be filed with the Board 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 NSR's 
representative, William A. Mullins, Mullins Law Group PLLC, 2001 L 
Street NW, Suite 720, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: September 20, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2024-21940 Filed 9-24-24; 8:45 am]
BILLING CODE 4915-01-P