CSX Transportation, Inc.-Abandonment Exemption-in Philadelphia County, PA, 50501 [E6-14036]

Download as PDF Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Notices Washington, DC 20004, and John V. Edwards, Three Commercial Place, Norfolk, VA 23510. DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: [STB Docket No. AB–55 (Sub-No. 657X)] Surface Transportation Board Joseph H. Dettmar, (202) 565–1600. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Conrail is jointly controlled by CSX Corporation (CSX) and Norfolk Southern Corporation (NSC). CSX controls CSXT and NSC controls NSR. CSXT and NSR are Class I railroads; Conrail is a Class III railroad. The subject line is accessed through the North Jersey Shared Asset Area approved in CSX Corp. et al.— Control—Conrail, Inc. et al., 3 S.T.B. 196 (1998). According to petitioners, no service has been provided over this line for more than 15 years. Petitioners have submitted this petition seeking: (1) An exemption permitting them to implement the operations described in the related modified certificate in a manner described in the operating agreement between petitioners and NYCEDC; (2) a prior determination that the Board authority granted pursuant to this petition will automatically expire upon termination of the modified certificate; and (3) a determination that the grant of authority under 49 U.S.C. 11323 will not give Conrail any ratemaking, interchange, or other common carrier authority that it currently lacks. According to petitioners, the joint use agreement will govern their joint use of the line and the coordination of their operations, and will set forth their rights and obligations thereunder. The agreement provides that the line will be operated, maintained, and dispatched by Conrail, and that it will be used by or for the equal, full, and exclusive benefit of CSXT and NSR. CSXT and NSR will have the option of providing service directly or through Conrail and will compete with each other to serve shippers on the line. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. cprice-sewell on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: Decided: August 18, 2006. By the Board, Vernon A. Williams, Secretary. Vernon A. Williams, Secretary. [FR Doc. E6–14035 Filed 8–24–06; 8:45 am] BILLING CODE 4915–01–P VerDate Aug<31>2005 14:57 Aug 24, 2006 Jkt 208001 CSX Transportation, Inc.— Abandonment Exemption—in Philadelphia County, PA CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR Part 1152 Subpart F—Exempt Abandonments to abandon a 0.26-mile line of railroad on its Northern Region, Baltimore Division (South Jersey CSAO), Delaware Extension, from milepost 6.27 to the end of track at milepost 6.53, known as Pier 124 Track in Philadelphia, Philadelphia County, PA. The line traverses United States Postal Service Zip Code 19148. CSXT has certified that: (1) No traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can 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 Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 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 R. Co.— Abandonment—Goshen, 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 September 26, 2006, 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 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service 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. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 50501 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 5, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 14, 2006, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to CSXT’s representative: Steven C. Armbrust, CSX Transportation, Inc., 500 Water St., Jacksonville, FL 32202. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by September 1, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 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 August 25, 2007, 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 http:// www.stb.dot.gov. Decided: August 18, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–14036 Filed 8–24–06; 8:45 am] BILLING CODE 4915–01–P 2 Each OFA must be accompanied by the filing fee, which was increased to $1,300 effective on April 19, 2006. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 2006). E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Notices]
[Page 50501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14036]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 657X)]


CSX Transportation, Inc.--Abandonment Exemption--in Philadelphia 
County, PA

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 
0.26-mile line of railroad on its Northern Region, Baltimore Division 
(South Jersey CSAO), Delaware Extension, from milepost 6.27 to the end 
of track at milepost 6.53, known as Pier 124 Track in Philadelphia, 
Philadelphia County, PA. The line traverses United States Postal 
Service Zip Code 19148.
    CSXT has certified that: (1) No traffic has moved over the line for 
at least 2 years; (2) any overhead traffic on the line can 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 Board or with any U.S. District Court or has 
been decided in favor of complainant within the 2-year period; and (4) 
the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 
(historic 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 R. Co.--
Abandonment--Goshen, 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 September 26, 2006, 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\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 5, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 14, 2006, 
with the Surface Transportation Board, 1925 K Street, NW., Washington, 
DC 20423-0001.
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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 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service 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 was 
increased to $1,300 effective on April 19, 2006. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served Mar. 20, 2006).
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Steven C. Armbrust, CSX Transportation, Inc., 
500 Water St., Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by September 
1, 2006. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] 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 August 25, 2007, 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 http:/
/www.stb.dot.gov.

    Decided: August 18, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-14036 Filed 8-24-06; 8:45 am]
BILLING CODE 4915-01-P