SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_400_6_X

Case Title:  
SEMINOLE GULF RAILWAY, L.P. - ABANDONMENT EXEMPTION- IN SARASOTA COUNTY, FLA.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT SEMINOLE GULF RAILWAY, L.P., HAS FILED A NOTICE OF EXEMPTION TO ABANDON 1.71 MILE SEGMENT OF ITS LINE OF RAILROAD IN SARASOTA COUNTY, FLA.

    Decision Attachments

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    Full Text of Decision

40928

46118 SERVICE DATE – NOVEMBER 6, 2017

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. AB 400 (Sub-No. 6X)]

Seminole Gulf Railway, L.P.—Abandonment Exemption—in Sarasota County, Fla.

Seminole Gulf Railway, L.P. (SGLR) has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon a 1.71‑mile segment of its line of railroad known as the Venice Branch, between milepost SW 890.29 and milepost SW 892.00 outside of the City of Sarasota, in Sarasota County, Fla. (the Line).[1] SGLR will also be abandoning a connecting industrial spur. The Line traverses United States Postal Service Zip Codes 34233 and 34238.

SGLR has certified that: (1) no local or overhead traffic has moved over the Line for more than 10 years; (2) because the Line is not a through route, there is no overhead traffic on the Line; (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.  1105.11 (transmittal letter), 49 C.F.R.  1105.12 (newspaper publication), and 49 C.F.R.  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 December 6, 2017, 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 interim trail use/rail banking requests under 49 C.F.R. 1152.29 must be filed by November 16, 2017. Petitions to reopen or requests for public use conditions under 49  C.F.R.  1152.28 must be filed by November 24, 2017, 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 Eric M. Hocky, Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.

If the verified notice contains false or misleading information, the exemption is void ab initio.

SGLR has 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 November 9, 2017. 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 (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information 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), SGLR 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 SGLR’s filing of a notice of consummation by November 6, 2018, 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 website at WWW.STB.GOV.

Decided: October 30, 2017.

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.

 



[1] This Line connects to a former line of railroad for which SGLR received abandonment authority in 2004, subject to environmental, public use, trail use, and standard employee protective conditions. See Seminole Gulf Ry.—Aban. Exemption—in Sarasota Cty., Fla., AB 400 (Sub-No. 3X) (STB served Apr. 2, 2004.) That line was subsequently transferred to Sarasota County for interim trail use and rail banking and developed into a trail.

[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 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.

[3] Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs. —2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 28, 2017).