CSX Transportation, Inc.-Abandonment Exemption-in Miami-Dade County, FL, 56004 [2011-23071]
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 717X)]
CSX Transportation, Inc.—
Abandonment Exemption—in MiamiDade County, FL
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CSX Transportation, Inc. (CSXT) has
filed a verified notice of exemption
under 49 CFR part 1152 subpart F–
Exempt Abandonments to abandon its
freight rail easement over an
approximately 0.95-mile rail line on its
Southern Region, Jacksonville Division,
Miami Subdivision, extending between
milepost SX 1036.8 and the end of the
track at milepost SX 1037.5, including
approximately 1,300 feet of connecting
track beginning 150 feet from the point
of switch near milepost SXH 37.0 in
Miami, Miami-Dade County, Fla. (the
Line). The Line traverses United States
Postal Service Zip Code 33142 and
includes no stations.1
CSXT has certified that: (1) No local
traffic has moved over the Line for at
least 2 years; (2) there is no overhead
traffic 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 2-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
1 CSXT states that it previously sold the right-ofway and track and materials to the Florida
Department of Transportation (FDOT) and retained
a permanent freight easement to continue to
provide exclusive rail freight service on the Line.
CSXT explains that FDOT, as owner of the
underlying right-of-way and track and materials,
has now advised that it intends to use the Line to
construct the East Concourse Project as part of the
last phase of the Miami Intermodal Center Program.
VerDate Mar<15>2010
16:58 Sep 08, 2011
Jkt 223001
exemption will be effective on October
11, 2011, 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 1152.29 must be filed by September
19, 2011. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by September 29,
2011, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
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 environmental and
historic reports that address the effects,
if any, of the abandonment on the
environment and historic resources.
OEA will issue an environmental
assessment (EA) by September 16, 2011.
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 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 September 9, 2012,
and there are no legal or regulatory
barriers to consummation, the authority
to abandon will automatically expire.
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 $1,500. See 49 CFR
1002.2(f)(25).
PO 00000
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Fmt 4703
Sfmt 4703
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 2, 2011.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2011–23071 Filed 9–8–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35540]
Mannheim Armitage Railway, LLC—
Acquisition and Operation
Exemption—Certain Trackage Rights
of J. Emil Anderson & Son, Inc. in
Melrose Park, Cook County, IL
Mannheim Armitage Railway, LLC
(Mannheim), a noncarrier, has filed a
verified notice of exemption 1 under 49
CFR 1150.31 to acquire from J. Emil
Anderson & Son, Inc. (Anderson) and
operate 1.006 miles, including 431 feet
of siding, of private terminal trackage in
Melrose Park, Cook County, Ill.2
According to Mannheim, there are no
mileposts associated with the track,
which is located in the city of Melrose
Park, Cook County. Mannheim states
that Anderson is its corporate parent
and that the track is currently being
used by Indiana Harbor Belt Railroad
(IHBR) to serve 2 active shippers.
Anderson originally anticipated that the
track would be conveyed to IHBR, but
IHBR has been unwilling to accept
responsibility for the track. Mannheim
states that it will be the operator of the
property and will establish suitable
interchange arrangements with IHBR at
the junction of the track and expects to
discuss the possibility of using IHBR’s
locomotives (as well as IHBR crews) to
provide service over the track.
The transaction may not be
consummated until September 23, 2011
(30 days after the notice of exemption
was filed).
Mannheim certifies that its projected
annual revenues as a result of this
transaction will not exceed levels that
will qualify it as a Class III rail carrier.
1 On September 1, 2011, Mannheim
supplemented its notice of exemption stating that
the proposed transaction does not require
environmental documentation under 49 CFR
1105.6(c)(2) nor a historic report under 49 CFR
1105.8(b)(1).
2 Mannheim states that the agreement with
Anderson initially grants Mannheim an exclusive
easement to conduct common carrier operations.
Anderson will convey its entire right, title, and
interest in and to the track after Mannheim has
commenced serving shippers.
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Page 56004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23071]
[[Page 56004]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 717X)]
CSX Transportation, Inc.--Abandonment Exemption--in Miami-Dade
County, FL
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to
abandon its freight rail easement over an approximately 0.95-mile rail
line on its Southern Region, Jacksonville Division, Miami Subdivision,
extending between milepost SX 1036.8 and the end of the track at
milepost SX 1037.5, including approximately 1,300 feet of connecting
track beginning 150 feet from the point of switch near milepost SXH
37.0 in Miami, Miami-Dade County, Fla. (the Line). The Line traverses
United States Postal Service Zip Code 33142 and includes no
stations.\1\
---------------------------------------------------------------------------
\1\ CSXT states that it previously sold the right-of-way and
track and materials to the Florida Department of Transportation
(FDOT) and retained a permanent freight easement to continue to
provide exclusive rail freight service on the Line. CSXT explains
that FDOT, as owner of the underlying right-of-way and track and
materials, has now advised that it intends to use the Line to
construct the East Concourse Project as part of the last phase of
the Miami Intermodal Center Program.
---------------------------------------------------------------------------
CSXT has certified that: (1) No local traffic has moved over the
Line for at least 2 years; (2) there is no overhead traffic 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 2-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 11, 2011, 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 1152.29 must be filed by
September 19, 2011. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 29, 2011,
with the Surface Transportation Board, 395 E Street, SW., Washington,
DC 20423-0001.
---------------------------------------------------------------------------
\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 $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
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 environmental and historic reports that address the
effects, if any, of the abandonment on the environment and historic
resources. OEA will issue an environmental assessment (EA) by September
16, 2011. 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
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 September 9, 2012, 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 https://www.stb.dot.gov.
Decided: September 2, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2011-23071 Filed 9-8-11; 8:45 am]
BILLING CODE 4915-01-P