81 FR 19286 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Greenbrier and Fayette Counties, W. Va.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 64 (April 4, 2016)

[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Pages 19286-19287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07565]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 759X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Greenbrier and Fayette Counties, W. Va.

    CSX Transportation, Inc. (CSXT), filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over an approximately 
6.0-mile rail line on its Southern Region, Huntington Division, Sewell 
Valley Subdivision, Engineering C&O Division, from milepost CAF 21.0 to 
milepost CAF 27.0, near Rainelle, in Greenbrier and Fayette Counties, 
W. Va. (the Line). The Line traverses U.S. Postal Service Zip Code 
25962, and includes the station of Rainelle Jct., at milepost CAF 21.0 
(FSAC 83044/OPSL 62375).
    CSXT has certified that: (1) No local freight traffic has moved 
over the Line for at least two years; (2) because the Line is not a 
through line, no overhead traffic has operated or needs to 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 is pending either with the 
Surface Transportation 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 1105.12 (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 discontinuance of service 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) to subsidize continued rail service has been 
received, this

[[Page 19287]]

exemption will become effective on May 4, 2016,\1\ unless stayed 
pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be 
filed by April 14, 2016.\3\ Petitions to reopen must be filed by April 
25, 2016, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before an 
abandonment or discontinuance is to be consummated. CSXT has 
indicated a proposed consummation date of May 3, 2016, but, because 
the verified notice was filed on March 15, 2016, the earliest this 
transaction may be consummated is May 4, 2016.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during abandonment, this discontinuance does 
not require an environmental review.
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    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.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: March 24, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-07565 Filed 4-1-16; 8:45 am]
 BILLING CODE 4915-01-P