CSX Transportation, Inc.-Abandonment Exemption-in Bronx County, N.Y.
| Published date | 08 February 2019 |
| Citation | 84 FR 2942 |
| Record Number | 2019-01641 |
| Section | Notices |
| Court | Surface Transportation Board |
Federal Register, Volume 84 Issue 27 (Friday, February 8, 2019)
[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2942-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01641]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 787X)]
CSX Transportation, Inc.--Abandonment Exemption--in Bronx County,
N.Y.
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to
abandon an approximately 1.8-mile rail line on its Port Morris Branch,
Albany Division, between milepost QVP 0.0 and milepost QVP 1.8 in Bronx
County, N.Y. (the Line).\1\ The Line traverses U.S. Postal Service Zip
Codes 10456, 10455, and 10454.
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\1\ Publication of this notice was delayed due to the partial
shutdown of the Federal government from December 22, 2018, through
January 25, 2019. See 49 CFR 1152.50(d)(3).
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CSXT has certified that: (1) No local traffic has moved over the
Line for at least 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 entity
acting on behalf of such user) regarding cessation of service over the
Line either is pending with 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 1105.12
(newspaper publication), 49 CFR 1152.50(d)(1) (notice to governmental
agencies), and 49 CFR 1105.7 and 1105.8 (environment and historic
report), 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,\2\ this exemption will be
effective on March 12, 2019, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\3\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by February 15, 2019. Petitions to reopen or requests for public
use conditions under 49 CFR 1152.28 must be filed by February 28, 2019,
with the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\2\ The Board modified its OFA procedures effective July 29,
2017. Among other things, the OFA process now requires potential
offerors, in their formal expression of intent, to make a
preliminary financial responsibility showing based on a calculation
using information contained in the carrier's filing and publicly
available information. See Offers of Financial Assistance, EP 729
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
\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\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,800. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
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 effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by February 15, 2019. Interested persons may obtain a copy of the EA by
writing to OEA (Surface Transportation Board, Washington, DC 20423-
0001) or by calling OEA at (202) 245-0305. Assistance for the hearing
impaired is available through the Federal Information Relay Service at
(800) 877-8339. Comments on environmental and historic preservation
matters must be filed within 15 days after the 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
[[Page 2943]]
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 February
8, 2020, 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: February 5, 2019.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-01641 Filed 2-7-19; 8:45 am]
BILLING CODE 4915-01-P
