80_FR_30425 80 FR 30324 - CSX Transportation, Inc.-Abandonment Exemption-in Niagara Falls, Niagara County, NY

80 FR 30324 - CSX Transportation, Inc.-Abandonment Exemption-in Niagara Falls, Niagara County, NY

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30324-30324
FR Document2015-12819

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015) 
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Page 30324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12819]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 740X)]


CSX Transportation, Inc.--Abandonment Exemption--in Niagara 
Falls, Niagara County, NY

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon approximately a 0.48-mile rail line on its Northern Region, 
Albany Division, Niagara Subdivision, between milepost QDD 173.81 
(south of Lafayette Avenue) and the end of the track at milepost QDD 
173.33 (north of University Drive) in Niagara Falls, Niagara County, NY 
(the Line).\1\ The Line traverses United States Postal Service Zip Code 
14305. CSXT states that the Niagara Falls station at OPSL 40730 and 
FSAC 17780 serves the Line, but will not be closed as a result of the 
proposed abandonment.
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    \1\ CSXT states that, following abandonment, it plans to salvage 
the track and materials and sell or lease the real estate.
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    CSXT has certified that: (1) No freight traffic has moved over the 
Line for at least two years; (2) 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 is either 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 (3) 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 June 26, 2015, 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),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 8, 2015. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by June 16, 2015, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
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    \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\ 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, 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 June 1, 
2015. 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 May 27, 2016, 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: May 21, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-12819 Filed 5-26-15; 8:45 am]
 BILLING CODE 4915-01-P

30324 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices Estimated Annual Burden: 7,280 CSXT has certified that: (1) No freight CSXT has filed environmental and hours. traffic has moved over the Line for at historic reports that address the effects, Requested Expiration Date of least two years; (2) no formal complaint if any, of the abandonment on the Approval: Three (3) years from the filed by a user of rail service on the Line environment and historic resources. approval date. Please note that this (or by a state or local government entity OEA will issue an environmental period was incorrectly stated as five (5) acting on behalf of such user) regarding assessment (EA) by June 1, 2015. years in the 60 day notice. cessation of service over the Line is Interested persons may obtain a copy of Estimated Number of Responses: 840. either pending with the Surface the EA by writing to OEA (Room 1100, Comments are invited on: Whether Transportation Board (Board) or with Surface Transportation Board, the proposed collection of information any U.S. District Court or has been Washington, DC 20423–0001) or by is necessary for the proper performance decided in favor of complainant within calling OEA at (202) 245–0305. of the functions of the Department, the two-year period; and (3) the Assistance for the hearing impaired is including whether the information will requirements at 49 CFR 1105.7(c) available through the Federal have practical utility; the accuracy of (environmental report), 49 CFR 1105.11 Information Relay Service at (800) 877– the Department’s estimate of the burden (transmittal letter), 49 CFR 1105.12 8339. Comments on environmental and of the proposed information collection; (newspaper publication), and 49 CFR historic preservation matters must be ways to enhance the quality, utility and 1152.50(d)(1) (notice to governmental filed within 15 days after the EA clarity of the information to be agencies) have been met. becomes available to the public. collected; and ways to minimize the As a condition to this exemption, any Environmental, historic preservation, burden of the collection of information employee adversely affected by the public use, or trail use/rail banking on respondents, including the use of abandonment shall be protected under conditions will be imposed, where automated collection techniques or Oregon Short Line Railroad— appropriate, in a subsequent decision. other forms of information technology. Abandonment Portion Goshen Branch Pursuant to the provisions of 49 CFR A comment to OMB is most effective Between Firth & Ammon, in Bingham & 1152.29(e)(2), CSXT shall file a notice of if OMB receives it within 30 days of Bonneville Counties, Idaho, 360 I.C.C. consummation with the Board to signify publication. 91 (1979). To address whether this that it has exercised the authority Authority: The Paperwork Reduction Act condition adequately protects affected granted and fully abandoned the Line. If of 1995, 44 U.S.C. chap. 35; 49 U.S.C. 30181– employees, a petition for partial consummation has not been effected by 83. revocation under 49 U.S.C. 10502(d) CSXT’s filing of a notice of must be filed. consummation by May 27, 2016, and Under authority delegated in 49 CFR 1.95. Provided no formal expression of there are no legal or regulatory barriers Terry T. Shelton, intent to file an offer of financial to consummation, the authority to Associate Administrator, National Center for abandon will automatically expire. Statistics and Analysis. assistance (OFA) has been received, this exemption will be effective on June 26, Board decisions and notices are [FR Doc. 2015–12679 Filed 5–26–15; 8:45 am] available on our Web site at 2015, unless stayed pending BILLING CODE 4910–59–P reconsideration. Petitions to stay that do ‘‘WWW.STB.DOT.GOV.’’ not involve environmental issues,2 Decided: May 21, 2015. DEPARTMENT OF TRANSPORTATION formal expressions of intent to file an By the Board, Rachel D. Campbell, OFA under 49 CFR 1152.27(c)(2),3 and Director, Office of Proceedings. Surface Transportation Board trail use/rail banking requests under 49 Jeffrey Herzig, CFR 1152.29 must be filed by June 8, Clearance Clerk. [Docket No. AB 55 (Sub-No. 740X)] 2015. Petitions to reopen or requests for [FR Doc. 2015–12819 Filed 5–26–15; 8:45 am] public use conditions under 49 CFR BILLING CODE 4915–01–P CSX Transportation, Inc.— 1152.28 must be filed by June 16, 2015, Abandonment Exemption—in Niagara with the Surface Transportation Board, Falls, Niagara County, NY 395 E Street SW., Washington, DC DEPARTMENT OF THE TREASURY CSX Transportation, Inc. (CSXT) has 20423–0001. filed a verified notice of exemption A copy of any petition filed with the Submission for OMB Review; under 49 CFR pt. 1152 subpart F— Board should be sent to CSXT’s Comment Request Exempt Abandonments to abandon representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 AGENCY: Department of the Treasury. approximately a 0.48-mile rail line on its Northern Region, Albany Division, Baltimore Avenue, Suite 301, Towson, ACTION: Notice. Niagara Subdivision, between milepost MD 21204. The Department of the Treasury will QDD 173.81 (south of Lafayette Avenue) If the verified notice contains false or submit the following information and the end of the track at milepost misleading information, the exemption collection request to the Office of QDD 173.33 (north of University Drive) is void ab initio. Management and Budget (OMB) for in Niagara Falls, Niagara County, NY review and clearance in accordance (the Line).1 The Line traverses United 2 The Board will grant a stay if an informed with the Paperwork Reduction Act of States Postal Service Zip Code 14305. decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental 1995, Public Law 104–13, on or after the CSXT states that the Niagara Falls Analysis (OEA) in its independent investigation) date of publication of this notice. mstockstill on DSK4VPTVN1PROD with NOTICES station at OPSL 40730 and FSAC 17780 cannot be made before the exemption’s effective DATES: Comments should be received on serves the Line, but will not be closed date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should or before June 26, 2015 to be assured of as a result of the proposed be filed as soon as possible so that the Board may consideration. abandonment. take appropriate action before the exemption’s ADDRESSES: Send comments regarding effective date. 1 CSXT states that, following abandonment, it 3 Each OFA must be accompanied by the filing the burden estimate, or any other aspect plans to salvage the track and materials and sell or fee, which is currently set at $1,600. See 49 CFR of the information collection, including lease the real estate. 1002.2(f)(25). suggestions for reducing the burden, to VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1


Document Created: 2015-12-15 15:35:27
Document Modified: 2015-12-15 15:35:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 30324 
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