Notice2024-21940
Norfolk Southern Railway Company-Discontinuance of Trackage Rights 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 25, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 186 (Wednesday, September 25, 2024)</title>
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78426-78427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21940]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 553X)]
Norfolk Southern Railway Company--Discontinuance of Trackage
Rights Exemption--in Cuyahoga County, Ohio
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service to discontinue trackage rights over
approximately 1.3 miles of rail line owned by CSX Transportation, Inc.
(CSXT), between milepost BJB 73.21 and milepost BJB 74.51 (the Line) on
CSXT's Cleveland Subdivision.\1\ The Line traverses U.S. Postal Service
Zip Codes 44113 and 44115.
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\1\ CSXT received authority to abandon the Line in 2023. See CSX
Transp., Inc.--Aban. Exemption--in Cuyahoga Cnty., Ohio, AB 55 (Sub-
No. 812X) (STB served Sept. 1, 2023). CSXT did not disclose the
existence of NSR's trackage rights in that proceeding. On September
6, 2024, in that docket, CSXT filed a request for an extension of
the consummation deadline. CSXT states that NSR's trackage rights
constitute a barrier to CSXT's consummation of abandonment and
requests that the Board extend the deadline to consummate until 60
days after NSR's discontinuance authority in this docket is granted.
CSXT's request for an extension will be addressed in a separate
decision in Docket No. AB 55 (Sub-No. 812X).
In light of that pending request, however, NSR is directed to
notify CSXT when NSR has consummated its authority to discontinue
service over the Line. See BNSF Ry.--Aban. Exemption--in Flathead
Cnty., Mont., AB 6 (Sub-No. 495X), slip op. at 2 n.2 (STB served
Aug. 14, 2017).
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NSR has certified that: (1) no local traffic has moved over the
Line for at least two years; (2) any common carrier overhead traffic
can be rerouted; (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 on the Line is
either pending with the Surface Transportation Board (Board) or with
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) and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the discontinuance of service 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) \2\ to subsidize continued rail service has
been received, this exemption will be effective on October 25, 2024,
unless stayed pending reconsideration. Petitions to stay that do not
involve environmental issues and formal expressions of intent to file
an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2)
\3\ must be filed by October 4, 2024.\4\ Petitions to reopen must be
filed by October 15, 2024.
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\2\ Persons interested in submitting an OFA to subsidize
continued rail service must first file a formal expression of intent
to file an offer, indicating the intent to file an OFA for subsidy
and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\3\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
\4\ Because this is a discontinuance proceeding and not an
abandonment, interim trail use/rail banking and public use
conditions are not appropriate. As noted, supra note 1, CSXT
received authority to abandon the Line in CSX Transportation, Inc.--
Abandonment Exemption--in Cuyahoga County, Ohio, AB 55 (Sub-No.
812X) (STB served Sept. 1, 2023). In its environmental review in
that proceeding, the Board's Office of Environmental Analysis found
that the abandonment would not significantly affect the quality of
the human environment and recommended no environmental conditions.
As a result, none were imposed. CSX Transp., Inc.--Aban. Exemption--
in Cuyahoga Cnty., Ohio, AB 55 (Sub-No. 812X) (STB served Sept. 28,
2023). Because the Line has already been subject to environmental
review during the abandonment proceeding, this discontinuance does
not require environmental review.
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[[Page 78427]]
All pleadings, referring to Docket No. AB 290 (Sub-No. 553X), must
be filed with the Board 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 NSR's
representative, William A. Mullins, Mullins Law Group PLLC, 2001 L
Street NW, Suite 720, Washington, DC 20036.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: September 20, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2024-21940 Filed 9-24-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on September 25, 2024.
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