82_FR_43625 82 FR 43447 - CSX Transportation, Inc.-Abandonment Exemption-In Greenbrier and Nicholas Counties, WV

82 FR 43447 - CSX Transportation, Inc.-Abandonment Exemption-In Greenbrier and Nicholas Counties, WV

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43447-43447
FR Document2017-19646

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Page 43447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19646]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 772X)]


CSX Transportation, Inc.--Abandonment Exemption--In Greenbrier 
and Nicholas Counties, WV

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 14.4-mile rail line, known as the G&E 
Subdivision, in the Southern Region, Florence Division, between 
milepost CAJ 0.0 at the switch to the Sewell Valley Subdivision 
mainline track in Rainelle, and the end of the line at milepost CAJ 
14.43 about two miles northeast of Green Valley, in Greenbrier and 
Nicholas Counties, W. Va. (the Line).\1\ The Line traverses United 
States Postal Service Zip Codes 25962, 25981, and 26676 and includes 
the Quinwood station (FSAC 83070/SPLC 278129), the Bellburn station 
(FSAC 83062/SPLC 278121), and the Rainelle Jct. station (FSAC 83044/
SPLC 278176). CSXT states that these stations can be closed.
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    \1\ In the verified notice, CSXT states that, following 
abandonment, it plans to consummate the abandonment, reclassify the 
Line as a spur track, and lease it to a customer who plans to 
redevelop the site and use the track to reach its facility.
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    CSXT has certified that: (1) No local freight traffic has moved 
over the Line for at least two years; (2) because the Line is not a 
through route, no overhead traffic has operated; and, therefore, none 
needs to be 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) (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 October 17, 2017, 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 September 25, 2017. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by October 5, 2017, 
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 $1,800. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 
28, 2017).
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    A copy of any petition filed with the Board should be sent to 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 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 September 22, 2017. 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 September 15, 2018, 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.GOV.

    Decided: September 12, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-19646 Filed 9-14-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                                 43447

                                                  validity of the methodology and                         Va. (the Line).1 The Line traverses                    interim trail use/rail banking requests
                                                  assumptions used.                                       United States Postal Service Zip Codes                 under 49 CFR 1152.29 must be filed by
                                                     • Enhance the quality, utility, and                  25962, 25981, and 26676 and includes                   September 25, 2017. Petitions to reopen
                                                  clarity of the information to be                        the Quinwood station (FSAC 83070/                      or requests for public use conditions
                                                  collected.                                              SPLC 278129), the Bellburn station                     under 49 CFR 1152.28 must be filed by
                                                     • Minimize the reporting burden on                   (FSAC 83062/SPLC 278121), and the                      October 5, 2017, with the Surface
                                                  those who are to respond, including the                 Rainelle Jct. station (FSAC 83044/SPLC                 Transportation Board, 395 E Street SW.,
                                                  use of automated collection techniques                  278176). CSXT states that these stations               Washington, DC 20423–0001.
                                                  or other forms of information                           can be closed.
                                                  technology.                                                CSXT has certified that: (1) No local                  A copy of any petition filed with the
                                                     Please note that comments submitted                  freight traffic has moved over the Line                Board should be sent to Louis E.
                                                  in response to this Notice are public                   for at least two years; (2) because the                Gitomer, Law Offices of Louis E.
                                                  record. Before including any detailed                   Line is not a through route, no overhead               Gitomer, LLC, 600 Baltimore Avenue,
                                                  personal information, you should be                     traffic has operated; and, therefore, none             Suite 301, Towson, MD 21204.
                                                  aware that your comments as submitted,                  needs to be rerouted over other lines; (3)                If the verified notice contains false or
                                                  including your personal information,                    no formal complaint filed by a user of                 misleading information, the exemption
                                                  will be available for public review.                    rail service on the Line (or by a state or             is void ab initio.
                                                     Abstract of proposed collection:                     local government entity acting on behalf
                                                  Forms for this collection are completed                 of such user) regarding cessation of                      CSXT has filed a combined
                                                  by panel physicians for refugees, aliens                service over the Line either is pending                environmental and historic report that
                                                  seeking immigrant visas, and for some                   with the Surface Transportation Board                  addresses the effects, if any, of the
                                                  aliens seeking nonimmigrant visas to                    (Board) or with any U.S. District Court                abandonment on the environment and
                                                  the United States. The collection                       or has been decided in favor of                        historic resources. OEA will issue an
                                                  records medical information necessary                   complainant within the two-year period;                environmental assessment (EA) by
                                                  to determine whether refugees or visa                   and (4) the requirements at 49 CFR                     September 22, 2017. Interested persons
                                                  applicants have medical conditions                      1105.7(c) (environmental report), 49                   may obtain a copy of the EA by writing
                                                  affecting the applicant’s eligibility for a             CFR 1105.11 (transmittal letter), 49 CFR               to OEA (Room 1100, Surface
                                                  visa, or affecting the public health and                1105.12 (newspaper publication), and                   Transportation Board, Washington, DC
                                                  requiring treatment.                                    49 CFR 1152.50(d)(1) (notice to                        20423–0001) or by calling OEA at (202)
                                                     Methodology: A panel physician,                      governmental agencies) have been met.                  245–0305. Assistance for the hearing
                                                  contracted by the consular post in                         As a condition to this exemption, any               impaired is available through the
                                                  accordance with instructions issued by                  employee adversely affected by the
                                                                                                                                                                 Federal Information Relay Service at
                                                  the Centers for Disease Control (CDC),                  abandonment shall be protected under
                                                                                                                                                                 (800) 877–8339. Comments on
                                                  performs the medical examination of the                 Oregon Short Line Railroad—
                                                                                                          Abandonment Portion Goshen Branch                      environmental and historic preservation
                                                  applicant and completes the forms.
                                                                                                          Between Firth & Ammon, in Bingham &                    matters must be filed within 15 days
                                                  Panel physicians follow Forms DS–
                                                                                                          Bonneville Counties, Idaho, 360 I.C.C.                 after the EA becomes available to the
                                                  3025, DS–3026, and DS–3030. Upon
                                                  completing the applicant’s medical                      91 (1979). To address whether this                     public.
                                                  examination, the examining panel                        condition adequately protects affected                    Environmental, historic preservation,
                                                  physician submits a report to the                       employees, a petition for partial                      public use, or trail use/rail banking
                                                  consular officer on Form DS–2054.                       revocation under 49 U.S.C. 10502(d)                    conditions will be imposed, where
                                                                                                          must be filed.                                         appropriate, in a subsequent decision.
                                                  Edward Ramotowski,                                         Provided no formal expression of
                                                  Deputy Assistant Secretary, Bureau of                   intent to file an offer of financial                      Pursuant to the provisions of 49 CFR
                                                  Consular Affairs, Department of State.                  assistance (OFA) has been received, this               1152.29(e)(2), CSXT shall file a notice of
                                                  [FR Doc. 2017–19671 Filed 9–14–17; 8:45 a.m.]           exemption will be effective on October                 consummation with the Board to signify
                                                  BILLING CODE 4710–06–P                                  17, 2017, unless stayed pending                        that it has exercised the authority
                                                                                                          reconsideration. Petitions to stay that do             granted and fully abandoned the Line. If
                                                                                                          not involve environmental issues,2                     consummation has not been effected by
                                                  SURFACE TRANSPORTATION BOARD                            formal expressions of intent to file an                CSXT’s filing of a notice of
                                                                                                          OFA under 49 CFR 1152.27(c)(2),3 and                   consummation by September 15, 2018,
                                                  [Docket No. AB 55 (Sub-No. 772X)]
                                                                                                                                                                 and there are no legal or regulatory
                                                  CSX Transportation, Inc.—
                                                                                                             1 In the verified notice, CSXT states that,
                                                                                                                                                                 barriers to consummation, the authority
                                                                                                          following abandonment, it plans to consummate the
                                                  Abandonment Exemption—In                                abandonment, reclassify the Line as a spur track,
                                                                                                                                                                 to abandon will automatically expire.
                                                  Greenbrier and Nicholas Counties, WV                    and lease it to a customer who plans to redevelop         Board decisions and notices are
                                                                                                          the site and use the track to reach its facility.
                                                                                                                                                                 available on our Web site at
                                                     CSX Transportation, Inc. (CSXT) has                     2 The Board will grant a stay if an informed

                                                  filed a verified notice of exemption                    decision on environmental issues (whether raised       WWW.STB.GOV.
                                                                                                          by a party or by the Board’s Office of Environmental
                                                  under 49 CFR pt. 1152 subpart F—                        Analysis (OEA) in its independent investigation)
                                                                                                                                                                   Decided: September 12, 2017.
                                                  Exempt Abandonments to abandon an                       cannot be made before the exemption’s effective          By the Board, Rachel D. Campbell,
                                                  approximately 14.4-mile rail line,                      date. See Exemption of Out-of-Serv. Rail Lines, 5      Director, Office of Proceedings.
                                                  known as the G&E Subdivision, in the                    I.C.C.2d 377 (1989). Any request for a stay should
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          be filed as soon as possible so that the Board may     Kenyatta Clay,
                                                  Southern Region, Florence Division,                     take appropriate action before the exemption’s         Clearance Clerk.
                                                  between milepost CAJ 0.0 at the switch                  effective date.
                                                                                                                                                                 [FR Doc. 2017–19646 Filed 9–14–17; 8:45 am]
                                                  to the Sewell Valley Subdivision                           3 Each OFA must be accompanied by the filing

                                                  mainline track in Rainelle, and the end                 fee, which is currently set at $1,800. See             BILLING CODE 4915–01–P
                                                                                                          Regulations Governing Fees for Servs. Performed in
                                                  of the line at milepost CAJ 14.43 about                 Connection with Licensing & Related Servs.—2017
                                                  two miles northeast of Green Valley, in                 Update, EP 542 (Sub-No. 25), slip op. App. C at 20
                                                  Greenbrier and Nicholas Counties, W.                    (STB served July 28, 2017).



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Document Created: 2017-09-15 00:18:42
Document Modified: 2017-09-15 00:18:42
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 Citation82 FR 43447 

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