[Federal Register Volume 90, Number 132 (Monday, July 14, 2025)]
[Notices]
[Pages 31562-31563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13099]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 819X)]
CSX Transportation, Inc.--Abandonment Exemption--in Philadelphia
County, Pa.
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 0.69-mile rail line extending between milepost
BCE 1.41 and milepost BCE 2.1, on its Northern Region, Philadelphia
Subdivision, Delaware Industrial Track in Philadelphia County, Pa. (the
Line).\1\ The Line traverses U.S. Postal ZIP Code 19148.
---------------------------------------------------------------------------
\1\ CSXT initially submitted its verified notice on April 4,
2025. On April 11, 2025, CSXT filed a letter asking the Board to
hold the proceeding in abeyance because it had inadvertently omitted
the ZIP code in its newspaper publication of its notice of intent to
abandon and needed time to correct that error. CSXT's request was
granted on April 14, 2025, and on June 24, 2025, CSXT submitted
supplemental information related to correcting the error. Because
CSXT supplemented its verified notice on June 24, 2025, that date is
deemed the filing date of the verified notice.
---------------------------------------------------------------------------
CSXT has certified that: (1) no local rail traffic has moved over
the Line during the past two years; (2) because the Line is not a
``through line,'' there is no overhead traffic that would need to be
rerouted; (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
[[Page 31563]]
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\ this exemption will be
effective on August 13, 2025, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\3\ formal
expressions of intent to file an OFA under 49
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
CFR 1152.27(c)(2), and interim trail use/railbanking requests under
49 CFR 1152.29 must be filed by July 24, 2025.\4\ Petitions to reopen
and requests for public use conditions under 49 CFR 1152.28 must be
filed by August 4, 2025.
---------------------------------------------------------------------------
\4\ 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. 819X), 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 18, 2025. 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/
railbanking 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 14, 2026, 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 8, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2025-13099 Filed 7-11-25; 8:45 am]
BILLING CODE 4915-01-P