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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_
ource=Article) _Next Document_
_LEGAL DISCLAIMER_ (https://www.federalregister.gov/policy/legal-status)
* _Increase_ (https:
int_view) _PUBLIC INSPECTION_
_Thursday, May 12, 2016_
_Surface Transportation Board_
81 FR 29609
29609 (1 page)
Docket No. AB 290 (Sub-No. 381X)
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§ion=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§ion=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_
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.
[FR Doc. _2016-11189_ (https://www.federalregister.gov/a/2016-11189)
Filed 5-11-16; 8:45 am]
BILLING CODE 4915-01-P
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