Notice2022-03704
CSX Transportation, Inc.-Abandonment Exemption-in Erie County, PA.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9784-9785]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03704]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 806X)]
CSX Transportation, Inc.--Abandonment Exemption--in Erie County,
PA.
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exemption Abandonments to
abandon an approximately 0.5-mile rail line between Val Sta. 1576+25
and Val Sta. 170+35 on its Great Lakes Division, Erie West Subdivision,
in Erie County, PA (the Line). The Line traverses U.S. Postal Service
Zip Code 16507.
CSXT has certified that: (1) No freight traffic has moved over the
Line for at least two years; (2) the Line is not a through line, and
therefore no overhead traffic has operated over the Line and none would
need to be rerouted; (3) no formal complaint filed by a user of rail
service on the Line (or by state or local government on behalf of such
user) regarding cessation of service over the Line either is pending
with the Surface Transportation Board (Board) 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\
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this exemption will be effective on March 24, 2022, unless stayed
pending reconsideration. Petitions to stay that do not involve
environmental issues,\2\ 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 March 4, 2022.\3\ Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by March 14, 2022.
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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. 806X), should
be filed with the Surface Transportation Board via e-filing on the
Board's website. 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 February 25, 2022. 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. Assistance for the
hearing impaired is available through the Federal Relay Service at
(800) 877-8339. 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 February 22, 2023, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: February 15, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-03704 Filed 2-18-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 22, 2022.
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