2012-31606. CSX Transportation, Inc.; Abandonment Exemption-in Ewing Township, Mercer County, NJ

CSX Transportation, Inc. (CSXT) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon an approximately 1.67-mile rail line on its Northern Region, Albany Division, Trenton Subdivision, between milepost QAT 32.82, near the connection to CSXT's main line located near Railroad Avenue and Water Drive, and the end of the track at milepost QAT 34.49, in Ewing Township, Mercer County, N.J. (the Line). The Line traverses United States Postal Service Zip Codes 08628 and 08618, and includes the West Trenton Station located at milepost QAT 33.

In the notice, CSXT explains that, following abandonment, it intends to reclassify a 1.40-mile portion of the Line between milepost QAT 32.80 and milepost QAT 34.20 as industry lead track for future transportation needs. CSXT also intends to transfer the remaining 0.29-mile portion of the Line to the Christina Seix Academy to be used as a roadway for access to the school. CSXT states that the Line may be suitable for other public purposes, but may be subject to reversionary interests.

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(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 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) has been received, this exemption will be effective on February 2, 2013, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,^[1] formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),^[2] and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 14, 2013. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 23, 2013, 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 environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by January 8, 2013. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at [phone]. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1-800-877-8339. 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 January 3, 2014, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available on our Web site at www.stb.dot.gov.

Decided: December 26, 2012.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.

Jeffrey Herzig,

Clearance Clerk.

Footnotes

1.  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.

2.  Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2012 Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).