81 FR 2291 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Harnett County, NC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range		2291-2291
FR Document		2016-00737

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)

[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Page 2291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00737]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 749X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Harnett County, NC

    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 
0.34-mile rail line between mileposts SDS 56.66 and SDS 57.00 (the 
Line) on its Southern Region, Florence Division, South End Subdivision, 
in Harnett County, NC. The Line traverses United States Postal Service 
Zip Code 28334.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) there is no overhead traffic on the 
Line that would have to 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 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 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 exemption will become effective on February 17, 2016, 
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) 
\1\ must be filed by January 25, 2016.\2\ Petitions to reopen must be 
filed by February 4, 2016, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ 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 Ave., 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: January 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-00737 Filed 1-14-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices 2291

For the Commission, by the Division of the exemption. Petitions for stay must discontinuance shall be protected under
Trading and Markets, pursuant to delegated be filed no later than January 22, 2016 Oregon Short Line Railroad—
authority.34 (at least 7 days before the exemption Abandonment Portion Goshen Branch
Robert W. Errett, becomes effective). Between Firth & Ammon, in Bingham &
Deputy Secretary. An original and 10 copies of all Bonneville Counties, Idaho, 360 I.C.C.
[FR Doc. 2016–00639 Filed 1–14–16; 8:45 am] pleadings, referring to Docket No. FD 91 (1979). To address whether this
BILLING CODE 8011–01–P 35988, must be filed with the Surface condition adequately protects affected
Transportation Board, 395 E Street SW., employees, a petition for partial
Washington, DC 20423–0001. In revocation under 49 U.S.C. 10502(d)
SURFACE TRANSPORTATION BOARD addition, a copy of each pleading must must be filed.
be served on Karl Morell, Karl Morell & Provided no formal expression of
[Docket No. FD 35988] intent to file an offer of financial
Associates, Suite 225, 655 15th Street
NW., Washington, DC 20005. assistance (OFA) to subsidize continued
East Penn Railroad, LLC—Lease
According to ESPN, this action is rail service has been received, this
Exemption Containing Interchange
categorically excluded from exemption will become effective on
Commitment—Norfolk Southern
environmental review under 49 CFR February 17, 2016, unless stayed
Railway Company
1105.6(c). pending reconsideration. Petitions to
East Penn Railroad, LLC (ESPN), a Board decisions and notices are stay that do not involve environmental
Class III rail carrier, has filed a verified available on our Web site at issues and formal expressions of intent
notice of exemption under 49 CFR www.stb.dot.gov. to file an OFA to subsidize continued
1150.41 to lease from Norfolk Southern Decided: January 12, 2016. rail service under 49 CFR 1152.27(c)(2) 1
Railway Company (NSR) 1.8 miles of must be filed by January 25, 2016.2
By the Board, Rachel D. Campbell,
rail line located between milepost VE Director, Office of Proceedings. Petitions to reopen must be filed by
0.00 and milepost VE 1.80 near February 4, 2016, with the Surface
Jeffrey Herzig,
Philadelphia, Pa. (the Line). ESPN will Transportation Board, 395 E Street SW.,
Clearance Clerk.
be the operator on the Line. Washington, DC 20423–0001.
ESPN states that it will shortly enter [FR Doc. 2016–00733 Filed 1–14–16; 8:45 am] A copy of any petition filed with the
into an agreement with NSR for the BILLING CODE 4915–01–P Board should be sent to CSXT’s
lease of the Line. As required by 49 CFR representative: Louis E. Gitomer, Law
1150.43(h), ESPN has disclosed in this Offices of Louis E. Gitomer, LLC, 600
notice that the lease agreement contains SURFACE TRANSPORTATION BOARD Baltimore Ave., Suite 301, Towson, MD
a provision that will enable ESPN to [Docket No. AB 55 (Sub-No. 749X)] 21204.
reduce its lease payments by receiving If the verified notice contains false or
a credit for each car interchanged with CSX Transportation, Inc.— misleading information, the exemption
NSR.1 ESPN states that it requested the Discontinuance of Service is void ab initio.
lease credit option in order to provide Exemption—in Harnett County, NC Board decisions and notices are
it with an opportunity to earn lower available on our Web site at
CSX Transportation, Inc. (CSXT) filed www.stb.dot.gov.
rental payment so that ESPN will be
a verified notice of exemption under 49
able to invest in improvements on the Decided: January 11, 2016.
CFR part 1152 subpart F—Exempt
Line to increase traffic levels. The By the Board, Rachel D. Campbell,
Abandonments and Discontinuances of
affected interchange point is West Falls Director, Office of Proceedings.
Service to discontinue service over an
Yard, Philadelphia, Pa. Raina S. Contee,
approximately 0.34-mile rail line
ESPN has certified that its projected Clearance Clerk.
between mileposts SDS 56.66 and SDS
annual revenues as a result of the [FR Doc. 2016–00737 Filed 1–14–16; 8:45 am]
57.00 (the Line) on its Southern Region,
proposed transaction will not result in
Florence Division, South End BILLING CODE 4915–01–P
ESPN becoming a Class II or Class I rail
Subdivision, in Harnett County, NC.
carrier. ESPN has further certified that
The Line traverses United States Postal
its projected annual rail freight revenues
Service Zip Code 28334. DEPARTMENT OF TRANSPORTATION
from operation of the Line, when
CSXT has certified that: (1) No local
combined with ESPN’s projected Federal Motor Carrier Safety
traffic has moved over the Line for at
revenues from current rail freight Administration
least two years; (2) there is no overhead
operations, would not exceed $5
traffic on the Line that would have to be [Docket No. FMCSA–2015–0372]
million.
ESPN states that it intends to rerouted over other lines; (3) no formal
consummate the transaction on or after complaint filed by a user of rail service Notice of Availability of a Draft
January 29, 2016, the effective date of on the Line (or by a state or local Environmental Assessment for the City
the exemption (30 days after the government entity acting on behalf of of El Paso, Texas, Commercial Zone
exemption was filed). such user) regarding cessation of service Expansion
If the verified notice contains false or over the Line is pending either with the
AGENCY:Federal Motor Carrier Safety
misleading information, the exemption Surface Transportation Board or any
Administration (FMCSA), DOT.
is void ab initio. Petitions to revoke the U.S. District Court or has been decided
mstockstill on DSK4VPTVN1PROD with NOTICES

exemption under 49 U.S.C. 10502(d) in favor of a complainant within the 1 Each OFA must be accompanied by the filing

may be filed at any time. The filing of two-year period; and (4) the fee, which is currently set at $1,600. See 49 CFR
a petition to revoke will not requirements at 49 CFR 1105.12 1002.2(f)(25).
automatically stay the effectiveness of (newspaper publication), and 49 CFR 2 Because this is a discontinuance proceeding and

1152.50(d)(1) (notice to governmental not an abandonment, interim trail use/rail banking
and public use conditions are not appropriate.
34 17
CFR 200.30–3(a)(12). agencies) have been met. Because there will be an environmental review
1 ESPN has filed the lease agreement under seal As a condition to this exemption, any during abandonment, this discontinuance does not
pursuant to 49 CFR 1150.43(h)(1)(ii). employee adversely affected by the require an environmental review.

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Document Created: 2018-02-02 12:31:51
Document Modified: 2018-02-02 12:31:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 2291