[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90815-90816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26797]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 818X)]
CSX Transportation, Inc.--Abandonment Exemption--in Marion
County, Ind.
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption \1\ under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 1.8-mile rail line that runs between Lat/Long
(39.74752, -86.18469) and Lat/Long (39.7294, -86.20626) on its
Northeast Great Lakes Division, Indianapolis Terminal Subdivision,
Craven Industrial track in Marion County, Ind. (the Line). The Line
traverses U.S. Postal Service Zip Codes 46221 and 46251.
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\1\ The verified notice was initially filed on October 28, 2024.
On October 29, 2024, CSXT filed a supplement to correct a typo
regarding the mileage in Exhibit A. Accordingly, the verified notice
of exemption will be deemed to have been filed on October 29, 2024.
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CSXT has certified that: (1) no local rail traffic has moved over
the Line during the past two years; (2) any overhead traffic on the
Line can be and has been 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.
[[Page 90816]]
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received,\2\ this exemption will be
effective on December 18, 2024, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues \3\ must be
filed by November 27, 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 November 29, 2024.\4\ Petitions
to reopen and requests for public use conditions under 49 CFR 1152.28
must be filed by December 9, 2024.
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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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All pleadings, referring to Docket No. AB 55 (Sub-No. 818X), 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 November 22, 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 November 18, 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: November 13, 2024.
By the Board, Valerie O. Quinn, Acting Director, Office of
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-26797 Filed 11-15-24; 8:45 am]
BILLING CODE 4915-01-P