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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91869-91870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27068]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 412X)]

Norfolk Southern Railway Company--Abandonment Exemption--in the 
City of Baltimore, MD.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon its freight rail easement over an approximately one-mile rail 
line extending from milepost UU 0.00 to milepost UU 1.00 in the City of Baltimore, Md. (the Line). The Line 
traverses U.S. Postal Service Zip Codes 21201 and 21211.
    According to the verified notice, the Maryland Transit 
Administration (MTA) owns the Line and currently operates passenger 
rail transit service over it.\1\ NSR states that MTA's passenger 
services will continue after NSR abandons its easement. NSR therefore 
asserts that the corridor is not available for alternative public 
use(s). NSR also states that, based on these unique considerations, it 
does not intend to negotiate for trail use/railbanking.
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    \1\ The Board previously determined that MTA did not require 
authorization from the Board's predecessor when MTA acquired the 
Line in 1990 and that MTA had not become a common carrier on the 
Line. See Md. Transit Admin.--Pet. for Declaratory Ord., FD 34975, 
slip op. at 7-8 (STB served Oct. 9, 2007).
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    NSR has certified that: (1) no local freight traffic has moved over 
the Line for at least two years; (2) any overhead traffic on the Line 
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 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.
    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,\2\ this exemption will be 
effective on December 20, 2024, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \3\ must be 
filed by November 29, 2024. Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) and interim trail use/railbanking requests 
under 49 CFR 1152.29 must be filed by December 2, 2024.\4\ Petitions to 
reopen and requests for public use conditions under 49 CFR 1152.28 must 
be filed by December 10, 2024.
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    \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.
    \4\ 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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    All pleadings, referring to Docket No. AB 290 (Sub-No. 412X), 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 NSR's representative, William A. Mullins, Mullins Law Group 
PLLC, 2001 L St. NW, Suite 720, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR 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 November 25, 2024. 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

[[Page 91870]]

filed within 15 days after the Draft 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), NSR 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 NSR's filing of a notice of 
consummation by November 20, 2025, 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: November 14, 2024.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024-27068 Filed 11-19-24; 8:45 am]
BILLING CODE 4915-01-P
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