[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Page 7185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02670]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 70 (Sub-No. 6X)]
Florida East Coast Railway, LLC--Abandonment Exemption--in Miami-
Dade County, FL
Florida East Coast Railway, L.L.C. (FEC) has filed a verified
notice of exemption under 49 CFR part 1152 subpart F-Exempt
Abandonments to abandon an approximately 1.21-mile rail line on its
South Little River Branch Line, between mileposts LR 11+3989 and LR
13+0000 (the Line), in Miami-Dade County, Fla. The Line traverse U.S.
Postal Service Zip Codes 33144 and 33126.
FEC states that it plans to abandon the Line, salvage the track and
materials, and convert the property to trail use. The proposed
consummation date is March 11, 2016.
FEC has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) any overhead traffic can be and has
been 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) and 1105.8(c) (environmental and historic 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
become effective on March 11, 2016, 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 interim trail use/rail banking requests under 49
CFR 1152.29 must be filed by February 22, 2016. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by March 1, 2016, 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 FEC's
representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC,
600 Baltimore Ave., Suite 301, Towson, MD 21204.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
FEC has filed a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by February 12, 2016. 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 interim 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), FEC 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 FEC's filing of a notice of
consummation by February 10, 2017, 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: February 4, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-02670 Filed 2-9-16; 8:45 am]
BILLING CODE 4915-01-P