CSX Transportation, Inc.-Abandonment Exemption-in Preston County, W. Va., 9200-9201 [2019-04598]

Download as PDF 9200 Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices 208 South LaSalle Street, Suite 1666, Chicago, IL 60604–1228. Board decisions and notices are available at www.stb.gov. SURFACE TRANSPORTATION BOARD [Docket No. FD 36270] Sequatchie Valley Switching Company, LLC—Operation Exemption— Tennessee Railroad Holdings, LLC Decided: March 8, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04613 Filed 3–12–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 290 (Sub-No. 295X); Docket No. AB 866 (Sub-No. 1X)] Norfolk Southern Railway Company— Abandonment Exemption—in Chowan County, N.C.; North Carolina & Virginia Railroad Company, L.L.C., Chesapeake & Albemarle Railroad Division— Discontinuance of Service Exemption—in Chowan County, N.C. Correction to Notice of Exemption. ACTION: On July 20, 2007, Norfolk Southern Railway Company (NSR) and North Carolina & Virginia Railroad Company, The Chesapeake & Albemarle Division (NCVA), jointly filed a verified notice of exemption under 49 CFR. 1152.50 for NSR to abandon, and for NCVA to discontinue service over, approximately 0.08 miles of rail line between milepost NS 73.59, and milepost NS 73.67, at Edenton, N.C. On August 9, 2007, notice of the exemption was served and published in the Federal Register (72 FR 44,920). The notice published on August 9, 2007, erroneously described milepost NS 73.59 as milepost NS 73.50.1 Accordingly, this notice corrects the description of the milepost. All other information in the August 9, 2007 notice is correct. Board decisions and notices are available at www.stb.gov. Decided: March 7, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04570 Filed 3–12–19; 8:45 am] amozie on DSK9F9SC42PROD with NOTICES BILLING CODE 4915–01–P 1 The Board noted this error in a notice published in a separate docket, in which NCVA filed a verified notice of exemption to enter into a superseding and replacement lease with NSR for lines of railroad in Virginia and North Carolina. N. Carolina & Va. R.R., Chesapeake & Albemarle R.R. Division—Lease Amendment & Operation Exemption Including Interchange Commitment—Norfolk S. Ry., FD 36252, slip op. at 2 n.4 (STB served Dec. 6, 2018). VerDate Sep<11>2014 17:45 Mar 12, 2019 Jkt 247001 Sequatchie Valley Switching Company, LLC (SQSC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 11.77 miles of rail line (the Line) pursuant to an operating agreement with Tennessee Railroad Holdings, LLC (TRH), a noncarrier.1 The Line extends between milepost 0.0, a point of connection to CSX Transportation, Inc., at or near Bridgeport, Jackson County, Ala., and milepost 11.77, the end of track at or near Jaspar, Marion County, Tenn. The transaction is related to a concurrently filed verified notice of exemption in Gregory B. Cundiff Trust— Continuance in Control Exemption— Tennessee Railroad Holdings, Inc., Sequatchie Valley Switching Co., LLC, & Walking Horse Railroad, LLC, Docket No. FD 36272, in which the Gregory B. Cundiff Trust, the Connie Cundiff Trust, CGX, Inc., and Ironhorse Resources, Inc., seek to continue in control of SQSC upon SQSC’s becoming a Class III rail carrier. SQSC certifies that, as a result of this transaction, its projected revenues would not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. SQSC states that the agreement does not involve any provision or agreement that may limit future interchange. The transaction may be consummated on or after March 27, 2019, the effective date of the exemption (30 days after the verified notice was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than March 20, 2019 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36270, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must 1 TRH concurrently filed a verified notice of exemption in Tennessee Railroad Holdings, LLC— Acquisition Exemption—Sequatchie Valley Railroad, Inc., Docket No. FD 36269, in which TRH seeks to acquire the Line and become a Class III rail carrier. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 be served on Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604–1228. According to SQSC, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: March 8, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04611 Filed 3–12–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 788X)] CSX Transportation, Inc.— Abandonment Exemption—in Preston County, W. Va. CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon an approximately 6.78-mile rail line between milepost BAJ 3.0 and milepost BAJ 9.78 in Preston County, W. Va. (the Line).1 The Line traverses U.S. Postal Service Zip Codes 26764 and 26537 and includes the stations of Murphy Mine, Stoer, Shatzer, and Preston. CSXT has certified that: (1) No local freight 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 with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7 and 1105.8 (environmental report and historic report), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1 The Line was part of a 14.3-mile line of railroad between milepost BAJ 0.0 at Rowlesburg and milepost BAJ 14.3 near Albright in Preston County, W. Va., that CSXT was previously authorized to abandon. CSX Transp., Inc.—Aban. Exemption—in Preston Cty., W. Va., AB 55 (Sub-No. 625X) (STB served Jan. 9, 2004). However, CSXT did not timely file a notice of consummation of abandonment for the 6.78 miles that comprise the Line and the abandonment authority automatically expired. CSX Transp., Inc.—Aban. Exemption—in Preston Cty., W. Va., AB 55 (Sub-No. 625X) (STB served Dec. 18, 2018). E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices 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) 2 has been received, this exemption will be effective on April 12, 2019,3 unless stayed pending reconsideration. Formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) 4 must be filed by March 22, 2019. Petitions to stay that do not involve environmental issues,5 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by March 25, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 2, 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 amozie on DSK9F9SC42PROD with NOTICES 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 Although CSXT states in its verified notice that the proposed consummation date of this transaction is April 1, 2019, this transaction cannot be consummated until April 12, 2019 (50 days from the verified notice’s filing date). See 49 CFR 1152.50(d)(2). 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See 49 CFR 1002.2(f)(25). 5 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. VerDate Sep<11>2014 17:45 Mar 12, 2019 Jkt 247001 historic resources. OEA will issue an environmental assessment (EA) by March 18, 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 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 March 13, 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: March 7, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04598 Filed 3–12–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Release From Federal Surplus Property and Grant Assurance Obligations at the New Castle County Airport (ILG), Wilmington, DE Federal Aviation Administration (FAA) DOT. ACTION: Notice of request to release airport land. AGENCY: The FAA proposes to rule and invites public comment on the application for a release of approximately 1.0719 acres of federally obligated airport property at New Castle County Airport (ILG), Wilmington, DE, from the National Emergency Use Provision contained in a Surplus Property Agreement, dated April 28, 1949, and from conditions, reservations, and restrictions contained in Airport Improvement Program grants that would restrict the use of said land to aeronautical purposes. The request includes 0.8994 acres of land to be SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 9201 released for disposal for a Right-Of-Way and 0.1725 acres be released from aeronautical to non-aeronautical use for a Permanent Easement. This acreage is a portion of the land at New Castle County Airport that is subject to the Surplus Property Agreement. Both releases are requested to permit improvements, including the widening of State Route 141. The proposed use of land after the release will be compatible with the airport and will not interfere with the airport or its operation. DATES: Comments must be received on or before April 12, 2019. ADDRESSES: Comments on this application may be mailed or delivered to the following address: Jim Salmon, Public Information Officer, Delaware River and Bay Authority, P.O. Box 71, New Castle, DE. And at the FAA Harrisburg Airports District Office: Rick Harner, Acting Manager, Harrisburg Airports District Office, 3905 Hartzdale Dr., Suite 508, Camp Hill, PA 17011. FOR FURTHER INFORMATION CONTACT: Brian Gearhart, Project Manager, Harrisburg Airports District Office, location listed above. The request to release airport property may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), Public Law 106–181 (Apr. 5, 2000; 114 Stat. 61), this notice must be published in the Federal Register 30 days before the Secretary may waive any condition imposed on a federally obligated airport by surplus property conveyance deeds or grant agreements. The following is a brief overview of the request: The Airport Authority requests the release of a total of 0.8994 acres for sale required for Right-of-Way for the State Route 141 widening project, and 0.1725 acres for change in use for a Permanent Easement. The purpose of the project is to address safety, operational, capacity and condition needs within the State Route 141 and Interstate 95 interchange area. Specifically, State Route 141 is being widened to accommodate three lanes of traffic in each direction near the New Castle County Airport and the airport property is needed at the intersection of Commons Boulevard and State Route 141. The project is being coordinated by the Delaware Department of Transportation. There are two parcels included in the proposed total 1.0719-acre land release obtained from the United States pursuant to the Surplus Property Act of 1944 and the Reorganization Plan No. 1 of 1947. The existing property use is that of E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9200-9201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04598]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 788X)]


CSX Transportation, Inc.--Abandonment Exemption--in Preston 
County, W. Va.

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 6.78-mile rail line between milepost BAJ 3.0 
and milepost BAJ 9.78 in Preston County, W. Va. (the Line).\1\ The Line 
traverses U.S. Postal Service Zip Codes 26764 and 26537 and includes 
the stations of Murphy Mine, Stoer, Shatzer, and Preston.
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    \1\ The Line was part of a 14.3-mile line of railroad between 
milepost BAJ 0.0 at Rowlesburg and milepost BAJ 14.3 near Albright 
in Preston County, W. Va., that CSXT was previously authorized to 
abandon. CSX Transp., Inc.--Aban. Exemption--in Preston Cty., W. 
Va., AB 55 (Sub-No. 625X) (STB served Jan. 9, 2004). However, CSXT 
did not timely file a notice of consummation of abandonment for the 
6.78 miles that comprise the Line and the abandonment authority 
automatically expired. CSX Transp., Inc.--Aban. Exemption--in 
Preston Cty., W. Va., AB 55 (Sub-No. 625X) (STB served Dec. 18, 
2018).
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    CSXT has certified that: (1) No local freight 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 with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7 and 1105.8 (environmental report and historic report), 49 
CFR 1105.12 (newspaper publication), and 49 CFR

[[Page 9201]]

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) \2\ has been received, this exemption will 
be effective on April 12, 2019,\3\ unless stayed pending 
reconsideration. Formal expressions of intent to file an OFA under 49 
CFR 1152.27(c)(2) \4\ must be filed by March 22, 2019. Petitions to 
stay that do not involve environmental issues,\5\ and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by March 25, 2019. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by April 2, 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\ Although CSXT states in its verified notice that the 
proposed consummation date of this transaction is April 1, 2019, 
this transaction cannot be consummated until April 12, 2019 (50 days 
from the verified notice's filing date). See 49 CFR 1152.50(d)(2).
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See 49 CFR 1002.2(f)(25).
    \5\ 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.
---------------------------------------------------------------------------

    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 March 18, 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 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 March 13, 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: March 7, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-04598 Filed 3-12-19; 8:45 am]
BILLING CODE 4915-01-P