CSX Transportation, Inc.-Abandonment Exemption-in Dickenson County, Va., 29501 [2020-10391]

Download as PDF Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NASDAQ–2020–022 and should be submitted on or before June 5, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2020–10393 Filed 5–14–20; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 799X)] jbell on DSKJLSW7X2PROD with NOTICES CSX Transportation, Inc.— Abandonment Exemption—in Dickenson County, Va. CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon an approximately 13.65-mile rail line on its Florence Division, Kingsport Subdivision, Fremont Branch extending between milepost ZF 0.0 and milepost ZF 13.65, in Dickenson County, Va. (the Line). The Line traverses U.S. Postal Zip Codes 24226, 24228, and 24230. CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) any overhead traffic 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 11 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 requirements at 49 CFR 1105.7 and 1105.8 (notice of environmental and historic report), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Any employee of CSXT 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,1 the exemption will be effective on June 14, 2020, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues must be filed by May 22, 2020.2 Formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 26, 2020.3 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 4, 2020, 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 potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by May 22, 2020. The Draft EA will be available to interested persons on the 1 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 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 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 29501 Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public. Environmental, historic preservation, public use, or interim 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 May 15, 2021, 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: May 11, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2020–10391 Filed 5–14–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35742 (Sub-No. 1)] Clarkdale Arizona Central Railroad, L.C.—Trackage Rights Exemption— Drake Cement, LLC Clarkdale Arizona Central Railroad, L.C. (CACR), a Class III carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to renew and modify a previous trackage rights agreement 1 between CACR and Drake Cement, LLC (Drake), also a Class III carrier, permitting CACR to operate over Drake’s Track Nos. 3924, 3907, 3921, and 3904, located between milepost 0 + 15 feet and milepost 0 + 3000 feet in Drake, Ariz., a distance of approximately 2,985 feet. The Agreement also grants CACR the right to operate over Drake’s Track 1 CACR states that the previous agreement expired on December 31, 2015, although CACR has continued to operate. A redacted version of the renewed agreement (Agreement) was filed with CACR’s verified notice of exemption. CACR simultaneously filed a motion for a protective order to protect the confidential and commercially sensitive information in the unredacted version of the Agreement, which CACR submitted under seal. That motion will be addressed in a separate decision. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

Surface Transportation Board

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Page 29501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10391]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 799X)]


CSX Transportation, Inc.--Abandonment Exemption--in Dickenson 
County, Va.

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 13.65-mile rail line on its Florence Division, 
Kingsport Subdivision, Fremont Branch extending between milepost ZF 0.0 
and milepost ZF 13.65, in Dickenson County, Va. (the Line). The Line 
traverses U.S. Postal Zip Codes 24226, 24228, and 24230.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic 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 (notice of environmental and historic report), 49 CFR 
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    Any employee of CSXT 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,\1\ the exemption will be 
effective on June 14, 2020, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by May 22, 2020.\2\ Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by May 26, 2020.\3\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by June 4, 2020, with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001.
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    \1\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \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\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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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 potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by May 22, 2020. The Draft EA will 
be available to interested persons on the Board's website, by writing 
to OEA, or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental and historic preservation matters must 
be filed within 15 days after the Draft EA becomes available to the 
public.
    Environmental, historic preservation, public use, or interim 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 May 15, 2021, 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: May 11, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-10391 Filed 5-14-20; 8:45 am]
BILLING CODE 4915-01-P

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