83 FR 1093 - CSX Transportation, Inc.-Abandonment Exemption-in Fulton County, GA

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 6 (January 9, 2018)

Page Range		1093-1093
FR Document		2018-00210
Federal Register, Volume 83 Issue 6 (Tuesday, January 9, 2018)
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Page 1093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00210]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 777X)]


CSX Transportation, Inc.--Abandonment Exemption--in 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 4.40-mile rail line, referred to as the A&WP 
Subdivision, in its Southern Region, Atlanta Division, Atlanta Terminal 
between milepost XXC 0.0, which begins at the switch to the Norfolk 
Southern Railway Company, Oakland Junction near the Ormewood Station, 
and ends at milepost XXC 4.4 near Glenwood Ave. SE, in the City of 
Atlanta, Fulton County, Ga. (the Line). The Line traverses United 
States Postal Zip Codes 30310, 30312, and 30315, and includes no 
stations.
    CSXT has certified that: (1) No local rail traffic has moved over 
the Line during the past two years; (2) any overhead traffic on the 
Line can be rerouted over other lines; (3) no formal complaint filed by 
a user of a 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 had been decided in favor of 
a complainant within the two-year period; and (4) the requirements at 
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 of service 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 February 8, 2018, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ 
must be filed by January 19, 2018. Petitions to reopen or requests for 
public use conditions under 49 CFR 1152.28 must be filed by January 29, 
2018, with the Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001.\3\
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is 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).
    \3\ CSXT states that it is working on agreement with Atlanta 
Beltline, Inc. to transfer the corridor and convert the Line to a 
trail under a notice of interim trail use or abandonment (NITU) 
agreement contingent on Board approval for authority to abandon.
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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 January 12, 2018. 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 January 9, 2019, 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 website at 
``WWW.STB.GOV.''

    Decided: January 4, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-00210 Filed 1-8-18; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices 1093

DEPARTMENT OF STATE 0.0, which begins at the switch to the Street SW, Washington, DC 20423–
Norfolk Southern Railway Company, 0001.3
[Public Notice: 10253]
Oakland Junction near the Ormewood A copy of any petition filed with the
E.O. 13224 Designation of Muhammad Station, and ends at milepost XXC 4.4 Board should be sent to Louis E.
al-Ghazali, aka Rashid, aka Muhammad near Glenwood Ave. SE, in the City of Gitomer, Law Offices of Louis E.
Abd al-Karim al-Ghazali, aka Abu Atlanta, Fulton County, Ga. (the Line).
Gitomer, LLC, 600 Baltimore Avenue,
Hisham Mawari, aka Abu Hisham al- The Line traverses United States Postal
Suite 301, Towson, MD 21204.
Mawari, aka Abu Sa’id, aka Abu Faris, Zip Codes 30310, 30312, and 30315, and
includes no stations. If the verified notice contains false or
as a Specially Designated Global
CSXT has certified that: (1) No local misleading information, the exemption
Terrorist
rail traffic has moved over the Line is void ab initio.
Acting under the authority of and in during the past two years; (2) any CSXT has filed a combined
accordance with section 1(b) of overhead traffic on the Line can be environmental and historic report that
Executive Order 13224 of September 23, rerouted over other lines; (3) no formal addresses the effects, if any, of the
2001, as amended by Executive Order complaint filed by a user of a rail abandonment on the environment and
13268 of July 2, 2002, and Executive service on the Line (or by a state or local historic resources. OEA will issue an
Order 13284 of January 23, 2003, I government entity acting on behalf of
hereby determine that the person known environmental assessment (EA) by
such user) regarding cessation of service
as Muhammad al-Ghazali, aka Rashid, January 12, 2018. Interested persons
over the Line is either pending with the
aka Muhammad Abd al-Karim al- may obtain a copy of the EA by writing
Surface Transportation Board (Board) or
Ghazali, aka Abu Hisham Mawari, aka with any U.S. District Court or had been to OEA (Room 1100, Surface
Abu Hisham al-Mawari, aka Abu Sa’id, decided in favor of a complainant Transportation Board, Washington, DC
aka Abu Faris committed, or poses a within the two-year period; and (4) the 20423–0001) or by calling OEA at (202)
significant risk of committing, acts of requirements at 49 CFR 1105.11 245–0305. Assistance for the hearing
terrorism that threatens the security of (transmittal letter), 49 CFR 1105.12 impaired is available through the
U.S. nationals or the national security, (newspaper publication), and 49 CFR Federal Information Relay Service at
foreign policy, or economy of the United 1152.50(d)(1) (notice to governmental (800) 877–8339. Comments on
States. agencies) have been met. environmental and historic preservation
Consistent with the determination in As a condition to this exemption, any matters must be filed within 15 days
section 10 of Executive Order 13224 that employee adversely affected by the after the EA becomes available to the
prior notice to persons determined to be abandonment of service shall be public.
subject to the Order who might have a protected under Oregon Short Line Environmental, historic preservation,
constitutional presence in the United Railroad—Abandonment Portion public use, or trail use/rail banking
States would render ineffectual the Goshen Branch Between Firth &
blocking and other measures authorized conditions will be imposed, where
Ammon, in Bingham & Bonneville appropriate, in a subsequent decision.
in the Order because of the ability to Counties, Idaho, 360 I.C.C. 91 (1979). To
transfer funds instantaneously, I address whether this condition Pursuant to the provisions of 49 CFR
determine that no prior notice needs to adequately protects affected employees, 1152.29(e)(2), CSXT shall file a notice of
be provided to any person subject to this a petition for partial revocation under consummation with the Board to signify
determination who might have a 49 U.S.C. 10502(d) must be filed. that it has exercised the authority
constitutional presence in the United Provided no formal expression of granted and fully abandoned the Line.
States, because to do so would render intent to file an offer of financial If consummation has not been
ineffectual the measures authorized in assistance (OFA) has been received, this effected by CSXT’s filing of a notice of
the Order. exemption will be effective on February
This notice shall be published in the consummation by January 9, 2019, and
8, 2018, unless stayed pending there are no legal or regulatory barriers
Federal Register. reconsideration. Petitions to stay that do to consummation, the authority to
Dated: December 11, 2017. not involve environmental issues,1 abandon will automatically expire.
Rex W. Tillerson, formal expressions of intent to file an
Secretary of State. OFA under 49 CFR 1152.27(c)(2),2 must Board decisions and notices are
be filed by January 19, 2018. Petitions available on our website at
[FR Doc. 2018–00194 Filed 1–8–18; 8:45 am]
to reopen or requests for public use ‘‘WWW.STB.GOV.’’
BILLING CODE 4710–AD–P
conditions under 49 CFR 1152.28 must Decided: January 4, 2018.
be filed by January 29, 2018, with the By the Board, Scott M. Zimmerman, Acting
SURFACE TRANSPORTATION BOARD Surface Transportation Board, 395 E Director, Office of Proceedings.
[Docket No. AB 55 (Sub-No. 777X)] 1 The Board will grant a stay if an informed
Jeffrey Herzig,
decision on environmental issues (whether raised Clearance Clerk.
CSX Transportation, Inc.— by a party or by the Board’s Office of Environmental [FR Doc. 2018–00210 Filed 1–8–18; 8:45 am]
Abandonment Exemption—in Fulton Analysis (OEA) in its independent investigation)
BILLING CODE 4915–01–P
cannot be made before the exemption’s effective
County, GA date. See Exemption of Out-of-Serv. Rail Lines, 5
CSX Transportation, Inc. (CSXT) has I.C.C.2d 377 (1989). Any request for a stay should
sradovich on DSK3GMQ082PROD with NOTICES

be filed as soon as possible so that the Board may
filed a verified notice of exemption take appropriate action before the exemption’s
under 49 CFR part 1152, subpart F— effective date. 3 CSXT states that it is working on agreement with
Exempt Abandonments to abandon an 2 Each OFA must be accompanied by the filing

fee, which currently is set at $1,800. See Atlanta Beltline, Inc. to transfer the corridor and
approximately 4.40-mile rail line, convert the Line to a trail under a notice of interim
Regulations Governing Fees for Servs. Performed in
referred to as the A&WP Subdivision, in Connection with Licensing & Related Servs.—2017 trail use or abandonment (NITU) agreement
its Southern Region, Atlanta Division, Update, EP 542 (Sub-No. 25), slip op. App. C. at 20 contingent on Board approval for authority to
Atlanta Terminal between milepost XXC (STB served July 28, 2017). abandon.

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Document Created: 2018-01-09 02:18:49
Document Modified: 2018-01-09 02:18:49
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 1093