83 FR 24837 - CSX Transportation, Inc.-Abandonment Exemption-in Trumbull County, Ohio

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 104 (May 30, 2018)

Page Range		24837-24837
FR Document		2018-11551
Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Page 24837]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11551]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 779X)]


CSX Transportation, Inc.--Abandonment Exemption--in Trumbull 
County, Ohio

    CSX Transportation (CSXT) has filed a verified notice of exemption 
under 49 CFR pt. 1152 subpart F-Exempt Abandonments to abandon 
approximately 13.9 miles of rail line on its Newton Falls Subdivision, 
between milepost BGA 86.1 and milepost BGA 100.00, in Trumbull County, 
Ohio (the Line). The Line traverses United States Postal Service Zip 
Codes 44430, 44444, 44446, 44483, 44484, and 44485 and serves the 
stations of Niles (FSAC 71412/SPLC 344191), Deforest, Warren (FSAC 
71414/SPLC 344150), Leavittburg, and Newton Falls (FSAC 71417/SPLC 
359883). CSXT states that these stations can be closed.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic on the Line can 
be rerouted; (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 either is 
pending with the Surface Transportation Board (Board) or any U.S. 
District Court or has been decided in favor of a complainant within the 
two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper 
publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies), 
and 49 CFR 1105.7 and 1105.8 (environment and historic report), 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) \1\ has been received, this exemption will 
be effective on June 29, 2018, 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 June 11, 2018. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 19, 2018, with 
the Surface Transportation Board, 395 E Street, SW, Washington, DC 
20423-0001.
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    \1\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors, in their formal expression of intent, to make a 
preliminary financial responsibility showing based on a calculation 
using information contained in the carrier's filing and publicly 
available information. See Offers of Financial Assistance, EP 729 
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
    \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 
currently is set at $1,800. 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 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 June 4, 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 May 30, 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: May 22, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2018-11551 Filed 5-29-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24837

your statement more efficiently, please its Newton Falls Subdivision, between OFA under 49 CFR 1152.27(c)(2),3 and
use only one method. milepost BGA 86.1 and milepost BGA interim trail use/rail banking requests
Statements also will be available for 100.00, in Trumbull County, Ohio (the under 49 CFR 1152.29 must be filed by
website viewing and printing in the Line). The Line traverses United States June 11, 2018. Petitions to reopen or
Commission’s Public Reference Room, Postal Service Zip Codes 44430, 44444, requests for public use conditions under
100 F Street NE, Room 1503, 44446, 44483, 44484, and 44485 and 49 CFR 1152.28 must be filed by June
Washington, DC 20549, on official serves the stations of Niles (FSAC 19, 2018, with the Surface
business days between the hours of 71412/SPLC 344191), Deforest, Warren Transportation Board, 395 E Street, SW,
10:00 a.m. and 3:00 p.m. All statements (FSAC 71414/SPLC 344150), Washington, DC 20423–0001.
received will be posted without change. Leavittburg, and Newton Falls (FSAC A copy of any petition filed with the
Persons submitting comments are 71417/SPLC 359883). CSXT states that Board should be sent to CSXT’s
cautioned that we do not redact or edit these stations can be closed. representative, Louis Gitomer, Law
personal identifying information from CSXT has certified that: (1) No local Offices of Louis E. Gitomer, LLC, 600
comment submissions. You should traffic has moved over the Line for at Baltimore Avenue, Suite 301, Towson,
submit only information that you wish least two years; (2) any overhead traffic MD 21204.
to make available publicly. on the Line can be rerouted; (3) no
FOR FURTHER INFORMATION CONTACT: formal complaint filed by a user of a rail If the verified notice contains false or
Marc Oorloff Sharma, Chief Counsel, service on the Line (or by a state or local misleading information, the exemption
Office of the Investor Advocate, at (202) government entity acting on behalf of is void ab initio.
551–3302, Securities and Exchange such user) regarding cessation of service CSXT has filed a combined
Commission, 100 F Street NE, over the Line either is pending with the environmental and historic report that
Washington, DC 20549. Surface Transportation Board (Board) or addresses the effects, if any, of the
SUPPLEMENTARY INFORMATION: The any U.S. District Court or has been abandonment on the environment and
meeting will be open to the public, decided in favor of a complainant historic resources. OEA will issue an
except during that portion of the within the two-year period; and (4) the environmental assessment (EA) by June
meeting reserved for an administrative requirements at 49 CFR 1105.12 4, 2018. Interested persons may obtain
work session during lunch. Persons (newspaper publication), 49 CFR a copy of the EA by writing to OEA
needing special accommodations to take 1152.50(d)(1) (notice to governmental (Room 1100, Surface Transportation
part because of a disability should agencies), and 49 CFR 1105.7 and Board, Washington, DC 20423–0001) or
notify the contact person listed in the 1105.8 (environment and historic by calling OEA at (202) 245–0305.
section above entitled FOR FURTHER report), have been met. Assistance for the hearing impaired is
INFORMATION CONTACT. As a condition to this exemption, any available through the Federal
The agenda for the meeting includes: employee adversely affected by the Information Relay Service at (800) 877–
Remarks from Commissioners; a abandonment shall be protected under 8339. Comments on environmental and
discussion of the Commission’s Oregon Short Line Railroad— historic preservation matters must be
Proposed Regulation Best Interest and Abandonment Portion Goshen Branch filed within 15 days after the EA
the proposed restriction on the use of Between Firth & Ammon, in Bingham & becomes available to the public.
certain names or titles; a discussion Bonneville Counties, Idaho, 360 I.C.C. Environmental, historic preservation,
regarding the Commission’s Proposed 91 (1979). To address whether this public use, or trail use/rail banking
Form CRS Relationship Summary, condition adequately protects affected conditions will be imposed, where
including effective disclosure and employees, a petition for partial appropriate, in a subsequent decision.
design; a discussion regarding revocation under 49 U.S.C. 10502(d)
Pursuant to the provisions of 49 CFR
disclosure enhancements for municipal must be filed.
and corporate bonds (which may 1152.29(e)(2), CSXT shall file a notice of
Provided no formal expression of consummation with the Board to signify
include a recommendation of the intent to file an offer of financial
Market Structure Subcommittee); that it has exercised the authority
assistance (OFA) 1 has been received, granted and fully abandoned the Line. If
subcommittee reports; and a nonpublic this exemption will be effective on June
administrative work session. consummation has not been effected by
29, 2018, unless stayed pending CSXT’s filing of a notice of
Dated: May 23, 2018. reconsideration. Petitions to stay that do consummation by May 30, 2019, and
Brent J. Fields, not involve environmental issues,2 there are no legal or regulatory barriers
Secretary. formal expressions of intent to file an to consummation, the authority to
[FR Doc. 2018–11496 Filed 5–29–18; 8:45 am] abandon will automatically expire.
1 The Board modified its OFA procedures
BILLING CODE 8011–01–P
effective July 29, 2017. Among other things, the Board decisions and notices are
OFA process now requires potential offerors, in available on our website at
their formal expression of intent, to make a WWW.STB.GOV.
preliminary financial responsibility showing based
SURFACE TRANSPORTATION BOARD on a calculation using information contained in the Decided: May 22, 2018.
[Docket No. AB 55 (Sub-No. 779X)] carrier’s filing and publicly available information.
By the Board, Scott M. Zimmerman, Acting
See Offers of Financial Assistance, EP 729 (STB
served June 29, 2017); 82 FR 30,997 (July 5, 2017). Director, Office of Proceedings.
CSX Transportation, Inc.— 2 The Board will grant a stay if an informed
Raina Contee,
sradovich on DSK3GMQ082PROD with NOTICES

Abandonment Exemption—in Trumbull decision on environmental issues (whether raised
County, Ohio by a party or by the Board’s Office of Environmental
Clearance Clerk.
Analysis (OEA) in its independent investigation) [FR Doc. 2018–11551 Filed 5–29–18; 8:45 am]
CSX Transportation (CSXT) has filed cannot be made before the exemption’s effective BILLING CODE 4915–01–P
a verified notice of exemption under 49 date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
CFR pt. 1152 subpart F–Exempt be filed as soon as possible so that the Board may 3 Each OFA must be accompanied by the filing
Abandonments to abandon take appropriate action before the exemption’s fee, which currently is set at $1,800. See 49 CFR
approximately 13.9 miles of rail line on effective date. 1002.2(f)(25).

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Document Created: 2018-05-30 01:02:12
Document Modified: 2018-05-30 01:02:12
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 24837