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)

[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