CSX Transportation, Inc.-Abandonment Exemption-in Bronx County, N.Y., 2942-2943 [2019-01641]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 2942 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Notices rail carrier, filed a request under 49 CFR 1180.2(d)(8) for a one-year extension of the limited temporary overhead trackage rights previously granted in this subdocket over a line of railroad of CSX Transportation, Inc. (CSXT), between its connection with CSXT at approximately CSXT milepost OZA 204.5 at Sullivan, Ind., and the connection with trackage serving the Oaktown Mine at approximately CSXT milepost OZA 219.05 at Oaktown, Ind., a distance of approximately 14.55 miles (the Line). INRD was authorized to acquire these trackage rights over the Line by notice of exemption served and published in the Federal Register on December 22, 2017 (82 FR 60,788). The trackage rights permit INRD to handle loaded and empty unit coal trains between the Oaktown Mine and the Kentucky Utilities Generating Station in Harrodsburg, KY, in interline service with other carriers. The rights were scheduled to expire on December 31, 2018.1 Under 49 CFR 1180.2(d)(8), the parties may, prior to the expiration of the temporary trackage rights, file a request for a renewal of the temporary rights for an additional period of up to one year, including the reasons for the extension. INRD states that CSXT has agreed to extend the temporary trackage rights for an additional year. INRD states that the reason for the extension is that further short-term traffic movements to the Kentucky Utilities Generating Station appear probable and feasible. INRD filed a draft copy of the amendment to the temporary trackage rights agreement with its request for the one-year extension, and states that it will submit a finalized version within 10 days of execution. INRD also acknowledges that any further extension of these rights, or a conversion of the rights from temporary to permanent, would require a separate notice of exemption filing pursuant to 49 CFR 1180.4(g). In accordance with 49 CFR 1180.2(d)(8), INRD’s temporary trackage rights over the Line will be extended for one year and will expire on December 31, 2019. The employee protective conditions imposed in the December 22, 2017 notice remain in effect. Notice of the one-year extension will be published in the Federal Register. It is ordered: 1. INRD’s temporary trackage rights over the Line are extended for one year and will expire on December 31, 2019. 1 Because of the partial shutdown of the Federal government from December 22, 2018, through January 25, 2019, INRD’s extension request could not be addressed before the trackage rights were scheduled to expire. VerDate Sep<11>2014 17:18 Feb 07, 2019 Jkt 247001 2. Notice will be published in the Federal Register. 3. This decision is effective on its service date. Decided: February 4, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–01594 Filed 2–7–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 787X)] CSX Transportation, Inc.— Abandonment Exemption—in Bronx County, N.Y. CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon an approximately 1.8-mile rail line on its Port Morris Branch, Albany Division, between milepost QVP 0.0 and milepost QVP 1.8 in Bronx County, N.Y. (the Line).1 The Line traverses U.S. Postal Service Zip Codes 10456, 10455, and 10454. 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 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 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. 1 Publication of this notice was delayed due to the partial shutdown of the Federal government from December 22, 2018, through January 25, 2019. See 49 CFR 1152.50(d)(3). PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received,2 this exemption will be effective on March 12, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 15, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 28, 2019, 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 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 February 15, 2019. Interested persons may obtain a copy of the EA by writing to OEA (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 2 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). 3 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. 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 CFR 1002.2(f)(25). E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Notices 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 February 8, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: February 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–01641 Filed 2–7–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1252X] amozie on DSK3GDR082PROD with NOTICES1 Eastern Idaho Railroad, L.L.C.— Abandonment Exemption—in Fremont County, Idaho Eastern Idaho Railroad, L.L.C. (EIRR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon a five-mile rail line located between milepost 28.80 at Egin and milepost 33.80 at Parker, in Fremont County, Idaho (the Line).1 The Line traverses U.S. Postal Service ZIP Codes 83445 and 83438. EIRR has certified that: (1) No local freight traffic has moved over the Line for at least two years; (2) the Line is stub-ended and not capable of handling overhead traffic; (3) no formal complaint filed by a user of rail service on the Line (or 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 or any U.S. District Court or has been decided in favor of a complainant within the twoyear period; and (4) the requirements at 49 CFR 1105.7 and 1105.8 (environmental and historic report), 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—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial 1 Publication of this notice was delayed due to the partial shutdown of the Federal government from December 22, 2018, through January 25, 2019. See 49 CFR 1152.50(d)(3). VerDate Sep<11>2014 17:18 Feb 07, 2019 Jkt 247001 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,2 this exemption will be effective on March 12, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 15, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 28, 2019, 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 EIRR’s representative, Karl Morell, Karl Morell and Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. If the verified notice contains false or misleading information, the exemption is void ab initio. EIRR 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 February 15, 2019. Interested persons may obtain a copy of the EA by writing to OEA, 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. 2 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). 3 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. 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 2943 Pursuant to the provisions of 49 CFR 1152.29(e)(2), EIRR 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 EIRR’s filing of a notice of consummation by February 8, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: February 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–01633 Filed 2–7–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA. AGENCY: This notice announces actions taken by the FHWA that are final pursuant to the statute. The actions relate to a proposed highway project, Toll Locations 3,4 & 6 through 13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East Providence, Lincoln and North Smithfield in the State of Rhode Island, FHWA Project Number T0LL002, Rhode Island Department of Transportation (RIDOT) Contract Number 2017–OT–002. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(1)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before July 8, 2019. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Carlos E. Padilla-Fresse, MSCE, Program Delivery Supervisor, Federal Highway Administration Rhode Island Division, 380 Westminster Mall, Suite 601, Providence, Rhode Island 02903: telephone: (401) 528–4577; SUMMARY: E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2942-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01641]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 787X)]


CSX Transportation, Inc.--Abandonment Exemption--in Bronx County, 
N.Y.

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 1.8-mile rail line on its Port Morris Branch, 
Albany Division, between milepost QVP 0.0 and milepost QVP 1.8 in Bronx 
County, N.Y. (the Line).\1\ The Line traverses U.S. Postal Service Zip 
Codes 10456, 10455, and 10454.
---------------------------------------------------------------------------

    \1\ Publication of this notice was delayed due to the partial 
shutdown of the Federal government from December 22, 2018, through 
January 25, 2019. See 49 CFR 1152.50(d)(3).
---------------------------------------------------------------------------

    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 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 
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) has been received,\2\ this exemption will be 
effective on March 12, 2019, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by February 15, 2019. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by February 28, 2019, 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ 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).
    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,800. 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 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 February 15, 2019. Interested persons may obtain a copy of the EA by 
writing to OEA (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

[[Page 2943]]

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 February 
8, 2020, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: February 5, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-01641 Filed 2-7-19; 8:45 am]
 BILLING CODE 4915-01-P