81 FR 29609 - Norfolk Southern Railway Company-Abandonment Exemption-in Hamilton County, Ohio

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 92 (May 12, 2016)

[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Page 29609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11189]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 381X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Hamilton County, Ohio

    On April 22, 2016, Norfolk Southern Railway Company (NSR) filed 
with the Surface Transportation Board (Board) a petition under 49 
U.S.C. 10502 for exemption from the prior approval requirements of 49 
U.S.C. 10903 to abandon approximately 4.10 miles of rail line extending 
from milepost CT 3.7 to milepost CT 7.8 in Hamilton County, Ohio (the 
Line). The Line traverses U.S. Postal Zip Codes 45207, 45212, 45208, 
45209, 45226, and 45227.
    According to NSR, no traffic has moved over the Line in more than 
five years. NSR further states that there is no potential for new 
traffic. NSR seeks to abandon the Line and sell the property to the 
City of Cincinnati (City) for a public redevelopment project. NSR 
states that the City is undertaking a plan that would reduce/reroute 
vehicular traffic, create greenways, and provide alternative modal 
access to five major development sites, including sites at Xavier 
University and near Uptown. NSR asserts that the City would take 
ownership of, and assume responsibility for, the safety and maintenance 
of the 10 bridges on the Line.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
NSR also seeks an exemption from the offer of financial assistance 
(OFA) procedures of 49 U.S.C. 10904. In support, NSR states that the 
Line is needed for a public purpose, as it is of critical significance 
to the City's redevelopment plans. NSR further asserts that there is no 
overriding public need for continued freight rail service. NSR's 
request for exemption from Sec.  10904 will be addressed in the final 
decision.
    According to NSR, the Line does not contain federally granted 
rights-of-way. Any documentation in NSR's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by August 10, 2016.
    Any OFA under 49 CFR 1152.27(b)(2) to subsidize continued rail 
service will be due by August 19, 2016, or 10 days after service of a 
decision granting the petition for exemption, whichever occurs first. 
Each OFA must be accompanied by a $1,600 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment, 
the Line may be suitable for other public use, including interim trail 
use. Any request for a public use condition under 49 CFR 1152.28 or for 
interim trail use/rail banking under 49 CFR 1152.29 will be due no 
later than June 1, 2016. Each interim trail use request must be 
accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27). However, 
NSR states that, because it seeks abandonment to allow the City to 
purchase the land for a public use, NSR is unwilling to negotiate 
interim trail use/rail banking.
    All filings in response to this notice must refer to Docket No. AB 
290 (Sub-No. 381X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) William A 
Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, 
Washington, DC 20037. Replies to the petition are due on or before June 
1, 2016.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 9, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-11189 Filed 5-11-16; 8:45 am]
 BILLING CODE 4915-01-P