[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Page 51614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20861]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 716X)]
CSX Transportation, Inc.--Abandonment Exemption--in Niagara
County, NY
CSX Transportation, Inc. (CSXT) filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon a 0.1-mile rail line on its Northern Region, Albany Division,
Niagara Subdivision, between milepost QDN 28.0 near North Avenue to the
end of the track at milepost QDN 28.1, in Niagara Falls, Niagara
County, N.Y. The line traverses United States Postal Service Zip Code
14305.
CSXT has certified that: (1) No local traffic has moved over the
line for at least 2 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 entity acting on
behalf of such user) regarding cessation of service over the line
either is 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 2-year period; and (4) the requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR. 1105.11 (transmittal letter), 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 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, this exemption will be
effective on September 25, 2012, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
September 4, 2012. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 13, 2012,
with the Surface Transportation Board, 395 E Street SW., Washington, DC
20423-0001.
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\1\ 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.
\2\ Each OFA must be accompanied by the filing fee. Effective
August 26, 2012, the filing fee for an OFA increases from $1,500 to
$1,600. See 49 CFR 1002.2(f)(25); Regulations Governing Fees for
Servs. Performed in Connection with Licensing & Related Servs.--2012
Update, EP 542 (Sub-No. 20), slip op. app. B at 17 (STB served July
27, 2012).
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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 environmental and historic reports that address the
effects, if any, of the abandonment on the environment and historic
resources. OEA will issue an environmental assessment (EA) by August
31, 2012. Interested persons may obtain a copy of the EA by writing to
OEA (Room 1100, 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
(FIRS) 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 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 August 24, 2013, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: August 20, 2012.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-20861 Filed 8-23-12; 8:45 am]
BILLING CODE 4915-01-P