80 FR 37734 - CSX Transportation, Inc.-Abandonment Exemption-in Atlanta, Fulton County, GA

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 126 (July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Page 37734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16192]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 739X)]


CSX Transportation, Inc.--Abandonment Exemption--in Atlanta, 
Fulton County, GA

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon an approximately 0.37-mile segment of rail line, formerly known 
as the L&N Belt Line, between milepost 472.27 and the end of the line 
at milepost 472.64 in Atlanta, Fulton County, Ga. (the Line).\1\ The 
Line traverses United States Postal Service Zip Code 30310. CSXT states 
there are no stations on the Line.
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    \1\ CSXT states that, following abandonment, it plans to sell 
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 July 31, 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 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by July 13, 2015. Petitions to reopen or requests for public use 
\4\ conditions under 49 CFR 1152.28 must be filed by July 21, 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).
    \4\ CSXT states that the Line may be suitable for other public 
purposes or trail use, but may be subject to reversionary interests.
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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 July 6, 
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 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), 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 July 1, 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: June 23, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-16192 Filed 6-30-15; 8:45 am]
BILLING CODE 4915-01-P