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orfolk  Southern Railway Company-Abandonment Exemption-in Hamilton County, 
A  Notice by the _Surface  Transportation Board_ 
(https://www.federalregister.gov/agencies/surface-transportation-board)  on _05/12/2016_ 

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_PDF_ (https://www.gpo.gov/fdsys/pkg/FR-2016-05-12/pdf/2016-11189.pdf)  
Publication  Date: 
_Thursday, May 12,  2016_ 
_Surface  Transportation Board_ 
Entry  Type: 
Document  Citation: 
81 FR 29609 
29609  (1 page) 
Agency/Docket  Number: 
Docket  No. AB 290 (Sub-No. 381X) 
Document  Number: 
Shorter  URL: 


On April 22, 2016, Norfolk Southern Railway Company (NSR)  filed with the 
Surface Transportation Board (Board) a petition under _49 U.S.C. 10502_ 
2&type=usc&link-type=html)  for exemption from the prior approval  
requirements of _49 U.S.C. 10903_ 
(http://api.fdsys.gov/link?collection=uscode&title=49&year=mostrecent&section=10903&type=usc&link-type=html)  to abandon 
approximately 4.10 miles of  rail line extending from milepost CT 3.7 to milepost 
CT 7.8 in Hamilton County,  Ohio (the Line). The Line traverses U.S. Postal 
Zip Codes 45207, 45212, 45208,  45209, 45226, and 45227. 
According to NSR, no traffic has moved over the Line in more  than five 
years. NSR further states that there is no potential for new traffic.  NSR 
seeks to abandon the Line and sell the property to the City of Cincinnati  
(City) for a public redevelopment project. NSR states that the City is  
undertaking a plan that would reduce/reroute vehicular traffic, create  greenways, 
and provide alternative modal access to five major development sites,  
including sites at Xavier University and near Uptown. NSR asserts that the City  
would take ownership of, and assume responsibility for, the safety and  
maintenance of the 10 bridges on the Line. 
In addition to an exemption from the provisions of _49 U.S.C. 10903_ 
&type=usc&link-type=html) , NSR also seeks an exemption from the offer of  
financial assistance (OFA) procedures of _49 U.S.C. 10904_ 
ink-type=html) . In support, NSR states that the Line is  needed for a 
public purpose, as it is of critical significance to the City's  redevelopment 
plans. NSR further asserts that there is no overriding public need  for 
continued freight rail service. NSR's request for exemption from § 10904  will be 
addressed in the final decision. 
According to NSR, the Line does not contain federally granted  
rights-of-way. Any documentation in NSR's possession will be made available  promptly to 
those requesting it. 
The interest of railroad employees will be protected by the  conditions set 
forth in Oregon Short Line Railroad—Abandonment  Portion Goshen Branch 
Between Firth & Ammon, in Bingham & Bonneville  Counties, Idaho,360 I.C.C. 91 
By issuing this notice, the Board is instituting an exemption  proceeding 
pursuant to _49 U.S.C. 10502_ 
(http://api.fdsys.gov/link?collection=uscode&title=49&year=mostrecent&section=10502&type=usc&link-type=html) (b). A final 
decision will be issued by August  10, 2016. 
Any OFA under _49  CFR 1152.27_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1152.27) (b)(2) to subsidize continued rail service 
will be due by August  19, 2016, or 10 days after service of a decision 
granting the petition for  exemption, whichever occurs first. Each OFA must be 
accompanied by a $1,600  filing fee. See _49  CFR 1002.2_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1002.2) (f)(25). 
All interested persons should be aware that, following  abandonment, the 
Line may be suitable for other public use, including interim  trail use. Any 
request for a public use condition under _49  CFR 1152.28_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1152.28)  or for interim  
trail use/rail banking under _49  CFR 1152.29_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1152.29)  will be due no  later than 
June 1, 2016. Each interim trail use request must be accompanied by a  $300 
filing fee. See _49  CFR 1002.2_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1002.2) (f)(27). However, NSR states that, because it 
seeks abandonment to  allow the City to purchase the land for a public use, 
NSR is unwilling to  negotiate interim trail use/rail banking. 
All filings in response to this notice must refer to Docket  No. AB 290 
(Sub-No. 381X) and must be sent to: (1) Surface Transportation Board,  395 E 
Street SW., Washington, DC 20423-0001; and (2) William A Mullins, Baker  & 
Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.  
Replies to the petition are due on or before June 1, 2016. 
Persons seeking further information concerning abandonment  procedures may 
contact the Board's Office of Public Assistance, Governmental  Affairs, and 
Compliance at (202) 245-0238 or refer to the full abandonment or  
discontinuance regulations at _49  CFR part 1152_ 
(https://www.federalregister.gov/select-citation/2016/05/12/49-CFR-1152) . Questions concerning environmental 
issues may be directed to  the Board's Office of Environmental Analysis (OEA) 
at (202) 245-0305. Assistance  for the hearing impaired is available through 
the Federal Information Relay  Service (FIRS) at 1-800-877-8339. 
An environmental assessment (EA) (or environmental impact  statement (EIS), 
if necessary) prepared by OEA will be served upon all parties  of record 
and upon any agencies or other persons who commented during its  preparation. 
Other interested persons may contact OEA to obtain a copy of the EA  (or 
EIS). EAs in abandonment proceedings normally will be made available within  60 
days of the filing of the petition. The deadline for submission of comments 
 on the EA generally will be within 30 days of its service. 
Board decisions and notices are available on our Web site at  “

Decided:  May 9, 2016. 
By the Board, Rachel D. Campbell, Director, Office of  Proceedings. 
Jeffrey  Herzig, 
Clearance  Clerk.
[FR  Doc. _2016-11189_ (https://www.federalregister.gov/a/2016-11189)  
Filed 5-11-16; 8:45 am] 


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