90 FR 132 pgs. 31562-31563 - CSX Transportation, Inc.—Abandonment Exemption—in Philadelphia County, Pa.
Type: NOTICEVolume: 90Number: 132Pages: 31562 - 31563
Pages: 31562, 31563Docket number: [Docket No. AB 55 (Sub-No. 819X)]
FR document: [FR Doc. 2025-13099 Filed 7-11-25; 8:45 am]
Agency: Surface Transportation Board
Official PDF Version: PDF Version
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 819X)]
CSX Transportation, Inc.-Abandonment Exemption-in Philadelphia County, Pa.
CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR part 1152 subpart F- Exempt Abandonments to abandon an approximately 0.69-mile rail line extending between milepost BCE 1.41 and milepost BCE 2.1, on its Northern Region, Philadelphia Subdivision, Delaware Industrial Track in Philadelphia County, Pa. (the Line). 1 The Line traverses U.S. Postal ZIP Code 19148.
Footnotes:
1 ?CSXT initially submitted its verified notice on April 4, 2025. On April 11, 2025, CSXT filed a letter asking the Board to hold the proceeding in abeyance because it had inadvertently omitted the ZIP code in its newspaper publication of its notice of intent to abandon and needed time to correct that error. CSXT's request was granted on April 14, 2025, and on June 24, 2025, CSXT submitted supplemental information related to correcting the error. Because CSXT supplemented its verified notice on June 24, 2025, that date is deemed the filing date of the verified notice.
CSXT has certified that: (1) no local rail traffic has moved over the Line during the past two years; (2) because the Line is not a "through line," there is no overhead traffic that would need to be rerouted; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government on behalf of such user) regarding cessation of service over the Line is pending with either 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 1105.7(b) and 1105.8(c) (notice of environmental and historic reports), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to government agencies) have been met.
[top] 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
Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, 2 this exemption will be effective on August 13, 2025, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 3 formal expressions of intent to file an OFA under 49
Footnotes:
2 ?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).
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.
CFR 1152.27(c)(2), and interim trail use/railbanking requests under 49 CFR 1152.29 must be filed by July 24, 2025. 4 Petitions to reopen and requests for public use conditions under 49 CFR 1152.28 must be filed by August 4, 2025.
Footnotes:
4 ?Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively.
All pleadings, referring to Docket No. AB 55 (Sub-No. 819X), must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of each pleading must be served on 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 July 18, 2025. The Draft EA will be available to interested persons on the Board's website, by writing to OEA, or by calling OEA at (202) 245-0294. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245-0245. Comments on environmental or historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public.
Environmental, historic preservation, public use, or trail use/railbanking 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 July 14, 2026, 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: July 8, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2025-13099 Filed 7-11-25; 8:45 am]
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