83 FR 55232 - CSX Transportation, Inc.-Abandonment Exemption-in Cobb County, Ga.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 213 (November 2, 2018)

Page Range		55232-55232
FR Document		2018-24034
Federal Register, Volume 83 Issue 213 (Friday, November 2, 2018)
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24034]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 784X)]


CSX Transportation, Inc.--Abandonment Exemption--in Cobb County, 
Ga.

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to 
abandon an approximately 2.3-mile rail line on its Atlanta Terminal 
Subdivision, Atlanta Division, between milepost SG 579.29 near Plant 
Atkinson Road and milepost SG 581.61 just west of East-West Connector, 
in Cobb County, Ga. (the Line). The Line traverses United States Postal 
Zip Codes 30080 and 30082 and includes one station at Edna (FSAC 
23500).
    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,\1\ this exemption will be 
effective on December 2, 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 
trail use/rail banking requests under 49 CFR 152.29 must be filed by 
November 9, 2018.\4\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 23, 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 30997 (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 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. B at 13 (STB served Aug. 
8, 2018).
    \4\ CSXT states that it is working on an agreement with the 
State of Georgia 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 
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 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 November 9, 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 November 2, 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: October 30, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2018-24034 Filed 11-1-18; 8:45 am]
 BILLING CODE 4915-01-P
55232 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices

83 FR 31250, Master Representative Atlanta Terminal Subdivision, Atlanta requests under 49 CFR 152.29 must be
Payee File. Division, between milepost SG 579.29 filed by November 9, 2018.4 Petitions to
83 FR 31251, Master Representative near Plant Atkinson Road and milepost reopen or requests for public use
Payee File. SG 581.61 just west of East-West conditions under 49 CFR 1152.28 must
[FR Doc. 2018–23941 Filed 11–1–18; 8:45 am] Connector, in Cobb County, Ga. (the be filed by November 23, 2018, with the
BILLING CODE P
Line). The Line traverses United States Surface Transportation Board, 395 E
Postal Zip Codes 30080 and 30082 and Street, SW, Washington, DC 20423–
includes one station at Edna (FSAC 0001.
23500). A copy of any petition filed with the
DEPARTMENT OF STATE
CSXT has certified that: (1) no local Board should be sent to CSXT’s
Delegation of Authority 374–1: rail traffic has moved over the Line representative, Louis E. Gitomer, Law
Authority to Accept Volunteer Services during the past two years; (2) any Offices of Louis E. Gitomer, LLC, 600
From Students overhead traffic on the Line can be Baltimore Avenue, Suite 301, Towson,
rerouted over other lines; (3) no formal MD 21204.
By virtue of the authority vested in complaint filed by a user of a rail If the verified notice contains false or
the Secretary of State by the laws of the service on the Line (or by a state or local misleading information, the exemption
United States, including 22 U.S.C. government entity acting on behalf of is void ab initio.
2651a and 5 U.S.C. 3111 (‘‘Section such user) regarding cessation of service CSXT has filed a combined
3111’’), and delegated by Delegation of over the Line is either pending with the environmental and historic report that
Authority 198, dated September 16, Surface Transportation Board (Board) or addresses the effects, if any, of the
1992, to the extent authorized by law with any U.S. District Court or had been abandonment on the environment and
and pursuant to subsection (b) of decided in favor of a complainant historic resources. OEA will issue an
Section 3111, I hereby delegate the within the two-year period; and (4) the environmental assessment (EA) by
authority of the Secretary to accept requirements at 49 CFR 1105.11 November 9, 2018. Interested persons
voluntary services for the United States (transmittal letter), 49 CFR 1105.12 may obtain a copy of the EA by writing
to the Director of the Office of Civil (newspaper publication), and 49 CFR to OEA (Room 1100, Surface
Rights (S/OCR). 1152.50(d)(1) (notice to governmental Transportation Board, Washington, DC
This authority is limited to the agencies) have been met. 20423–0001) or by calling OEA at (202)
acceptance of voluntary services As a condition to this exemption, any 245–0305. Assistance for the hearing
provided by law students who are filling employee adversely affected by the impaired is available through the
legal extern and intern positions. abandonment of service shall be Federal Information Relay Service at
Any official action within the scope of protected under Oregon Short Line (800) 877–8339. Comments on
this delegation taken prior to the Railroad—Abandonment Portion environmental and historic preservation
effective date of this delegation by the Goshen Branch Between Firth & matters must be filed within 15 days
Director of S/OCR are hereby ratified Ammon, in Bingham & Bonneville after the EA becomes available to the
and continued in effect, according to Counties, Idaho, 360 I.C.C. 91 (1979). To public.
their terms, until modified, revoked, or address whether this condition Environmental, historic preservation,
superseded by authorized action. adequately protects affected employees, public use, or trail use/rail banking
Notwithstanding this delegation of a petition for partial revocation under conditions will be imposed, where
authority, the Secretary, the Deputy 49 U.S.C. 10502(d) must be filed. appropriate, in a subsequent decision.
Secretary, and the Under Secretary of Provided no formal expression of Pursuant to the provisions of 49 CFR
State for Management may at any time intent to file an offer of financial 1152.29(e)(2), CSXT shall file a notice of
exercise the authority herein delegated. assistance (OFA) has been received,1 consummation with the Board to signify
This delegation of authority does not this exemption will be effective on that it has exercised the authority
amend or supersede any other valid December 2, 2018, unless stayed granted and fully abandoned the Line. If
delegation of authority. pending reconsideration. Petitions to consummation has not been effected by
This delegation of authority will be stay that do not involve environmental CSXT’s filing of a notice of
published in the Federal Register. issues,2 formal expressions of intent to consummation by November 2, 2019,
file an OFA under 49 CFR and there are no legal or regulatory
Dated: October 12, 2018. 1152.27(c)(2),3 and trail use/rail banking barriers to consummation, the authority
William E. Todd, to abandon will automatically expire.
Deputy Under Secretary of State for 1 The Board modified its OFA procedures Board decisions and notices are
Management. effective July 29, 2017. Among other things, the available on our website at www.stb.gov.
OFA process now requires potential offerors, in
[FR Doc. 2018–24028 Filed 11–1–18; 8:45 am] Decided: October 30, 2018.
their formal expression of intent, to make a
BILLING CODE 4710–10–P preliminary financial responsibility showing based By the Board, Scott M. Zimmerman, Acting
on a calculation using information contained in the Director, Office of Proceedings.
carrier’s filing and publicly available information.
See Offers of Financial Assistance, EP 729 (STB Tammy Lowery,
SURFACE TRANSPORTATION BOARD served June 29, 2017); 82 FR 30997 (July 5, 2017). Clearance Clerk.
2 The Board will grant a stay if an informed
[Docket No. AB 55 (Sub-No. 784X)] [FR Doc. 2018–24034 Filed 11–1–18; 8:45 am]
decision on environmental issues (whether raised
BILLING CODE 4915–01–P
by a party or by the Board’s Office of Environmental
CSX Transportation, Inc.— Analysis (OEA) in its independent investigation)
Abandonment Exemption—in Cobb cannot be made before the exemption’s effective Connection with Licensing & Related Servs.—2017
County, Ga. date. See Exemption of Out-of-Serv. Rail Lines, 5 Update, EP 542 (Sub-No. 25), slip op. App. B at 13
I.C.C.2d 377 (1989). Any request for a stay should (STB served Aug. 8, 2018).
CSX Transportation, Inc. (CSXT), has be filed as soon as possible so that the Board may 4 CSXT states that it is working on an agreement

filed a verified notice of exemption take appropriate action before the exemption’s with the State of Georgia to transfer the corridor and
effective date. convert the Line to a trail under a notice of interim
under 49 CFR pt. 1152 subpart F– 3 Each OFA must be accompanied by the filing trail use or abandonment (NITU) agreement
Exempt Abandonments to abandon an fee, which is currently set at $1,800. See contingent on Board approval for authority to
approximately 2.3-mile rail line on its Regulations Governing Fees for Servs. Performed in abandon.

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Document Created: 2018-11-02 01:10:37
Document Modified: 2018-11-02 01:10:37
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 55232