Notice2023-18981
CSX Transportation, Inc.-Abandonment Exemption-in Cuyahoga County, Ohio
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
September 1, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60526-60527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18981]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 812X)]
CSX Transportation, Inc.--Abandonment Exemption--in Cuyahoga
County, Ohio
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 1.3-mile rail line that runs between milepost
BJB 73.21 and milepost BJB 74.51 on its Cleveland Subdivision in
Cuyahoga County, Ohio (the Line). The Line traverses U.S. Postal
Service Zip Codes 44113 and 44115.
CSXT has certified that: (1) no local freight traffic has moved
over the Line during the past two years; (2) any overhead traffic 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 on
behalf of such user) regarding cessation of service over the Line
either is pending with the Surface Transportation Board (Board) or has
[[Page 60527]]
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\ this exemption will be
effective on October 1, 2023, 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/railbanking requests under 49 CFR 1152.29 must be
filed by September 11, 2023.\3\ Petitions to reopen and requests for
public use conditions under 49 CFR 1152.28 must be filed by September
21, 2023.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
All pleadings, referring to Docket No. AB 55 (Sub-No. 812X), 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 September 8, 2023. 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 September 1, 2024, 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: August 29, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-18981 Filed 8-31-23; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on September 1, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.