[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38126-38127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15660]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 709X)]
CSX Transportation, Inc.--Abandonment Exemption--in Marion
County, Indiana
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 1.49-mile rail line on the Northern Region,
Great Lakes Division, Indianapolis Terminal Subdivision, between north
of West 29th Street, milepost QIY 3.69, and the end of track south of
Langsdale Avenue, milepost QIY 2.20, in Indianapolis, Marion County,
Ind. The line traverses United States Postal Service Zip Code 46208.
CSXT has certified that: (1) no freight traffic has moved over the
line for at least two years; (2) any overhead freight 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 with any U.S. District Court or has been decided in favor of
complainant within the two-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 August 5, 2014, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\
[[Page 38127]]
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 July 14, 2014. Petitions to reopen or requests
for public use conditions under 49 CFR 1152.28 must be filed by July
23, 2014, 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, which is
currently set at $1,600. 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, 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 July 11,
2014. 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 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 5, 2015, 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: June 27, 2014.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings,
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-15660 Filed 7-2-14; 8:45 am]
BILLING CODE 4915-01-P