SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_793_X

Case Title:  
CSX TRANSPORTATION, INC.–ABANDONMENT EXEMPTION– IN ALLEGHENY COUNTY, PA.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) AND ALLEGHENY VALLEY RAILROAD COMPANY (AVR), JOINTLY FILED A NOTICE OF EXEMPTION FOR CSXT TO ABANDON, AND FOR AVR TO DISCONTINUE SERVICE OVER, AN APPROXIMATELY 0.85-MILE RAIL LINE, IN PITTSBURGH, ALLEGHENY COUNTY, PA.

    Embraced Cases

Docket Number

AB_1233_1_X - Allegheny Valley Railroad Company—Discontinuance Exemption—In Allegheny County, Pa.


    Decision Attachments

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    Full Text of Decision

47089 SERVICE DATE – JULY 11, 2019

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 793X)]

CSX Transportation, Inc.—Abandonment Exemption—in Allegheny County, Pa.

[Docket No. AB 1233 (Sub-No. 1X)]

Allegheny Valley Railroad Company—Discontinuance Exemption—in Allegheny County, Pa.

CSX Transportation, Inc. (CSXT) and Allegheny Valley Railroad Company (AVR) (collectively, Applicants), have jointly filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service for CSXT to abandon, and for AVR to discontinue service over, an approximately 0.85-mile rail line on the River Branch, Baltimore Division, P&W Subdivision between Val. Sta. 40+75 and the end of the line at Val. Sta. 85+76, in Pittsburgh, Allegheny County, Pa. (the Line). The Line traverses U.S. Postal Service Zip Code 32609.

Applicants have certified that: (1) no local traffic has moved over the Line for at least two years; (2) any overhead traffic can be rerouted; (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 C.F.R. 1105.7(c) (environmental report), 49 C.F.R. 1105.12 (newspaper publication), and 49 C.F.R.  1152.50(d)(1) (notice to governmental agencies) have been met.

Any employee of AVR adversely affected by the discontinuance or 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,[1] these exemptions will be effective on August 10, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[2] formal expressions of intent to file an OFA under 49 C.F.R. 1152.27(c)(2),[3] and trail use/rail banking requests under 49 C.F.R. 1152.29 must be filed by July 22, 2019. Petitions to reopen or requests for public use conditions under 49 C.F.R. 1152.28 must be filed by July 31, 2019, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to Applicants’ 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 exemptions are void ab initio.

Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 16, 2019. Interested persons may obtain a copy of the EA on the Board’s website, by writing to OEA, or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Relay Service at (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 C.F.R. 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 11, 2020, 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, 2019

By the Board, Allison C. Davis, Director, Office of Proceedings.



[1] 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 C.F.R.  1152.27(c)(2)(i).

[2] 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 exemptions’ 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 exemptions’ effective date.

[3] Filing fees for OFAs and trail use requests can be found at 49 C.F.R.  1002.2(f)(25) and (27), respectively.