81 FR 23346 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Dickenson County, Va.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range		23346-23346
FR Document		2016-09107

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Page 23346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09107]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 758X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Dickenson County, 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 
2.2-mile rail line on CSXT's Southern Region, Huntington Division, 
Kingsport Subdivision, Engineering Appalachian Division, also known as 
the Nora Branch, between milepost ZN 0.0 and milepost ZN 2.2 in Nora, 
Dickenson County, Va. (the Line). The Line traverses United States 
Postal Service Zip Code 24272 and is served by the station at Nora at 
milepost Z 26 (FSAC 50026/OPSL 24600).\1\
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    \1\ CSXT states that the station is located on the main line at 
milepost Z 26 where the Nora Branch connects to the main line at 
milepost ZN 0.0.
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    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) because the Line is not a through 
route, no overhead traffic has operated, and, therefore, none needs 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 (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 
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 exemption will be effective on May 20, 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) \2\ must be 
filed by April 29, 2016.\3\ Petitions to reopen must be filed by May 
10, 2016, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \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 discontinue 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: April 15, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-09107 Filed 4-19-16; 8:45 am]
 BILLING CODE 4915-01-P

23346 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices

noncarriers, have filed a verified notice exemption under 49 U.S.C. 10502(d) with any U.S. District Court or has been
of exemption pursuant to 49 CFR may be filed at any time. The filing of decided in favor of complainant within
1180.2(d)(2) to continue in control of a petition to revoke will not the two-year period; and (4) the
Central Gulf Acquisition Company automatically stay the effectiveness of requirements at 49 CFR 1105.12
(CGAC) upon CGAC’s becoming a Class the exemption. Stay petitions must be (newspaper publication) and 49 CFR
III rail carrier.1 filed no later than April 27, 2016 (at 1152.50(d)(1) (notice to governmental
This transaction is related to (1) a least seven days before the exemption agencies) have been met.
concurrently filed verified notice of becomes effective).
exemption in Central Gulf Acquisition An original and 10 copies of all As a condition to this exemption, any
Co.—Acquisition & Operation pleadings, referring to Docket No. FD employee adversely affected by the
Exemption—CG Railway, Inc., Docket 36006, must be filed with the Surface discontinuance of service shall be
No. FD 36007, wherein CGAC seeks Transportation Board, 395 E Street SW., protected under Oregon Short Line
Board approval to acquire CG Railway, Washington, DC 20423–0001. In Railroad—Abandonment Portion
Inc., a Class III rail carrier, from addition, one copy of each pleading Goshen Branch Between Firth &
International Shipholding Corporation, must be served on John D. Heffner, Ammon, in Bingham & Bonneville
and provide an intermodal rail/water Strasburger & Price, LLP, 1025 Counties, Idaho, 360 I.C.C. 91 (1979). To
service between Mobile, Ala., and Connecticut Ave. NW., Suite 717, address whether this condition
Coatzacoalcos, Veracruz, Mexico, Washington, DC 20036. adequately protects affected employees,
utilizing charters of railroad car ferries Board decisions and notices are a petition for partial revocation under
equipped with tracks.2 available on our Web site at 49 U.S.C. 10502(d) must be filed.
The transaction in this proceeding ‘‘WWW.STB.DOT.GOV.’’
Provided no formal expression of
may be consummated on or after May 4, Decided: April 15, 2016.
2016, the effective date of the exemption intent to file an offer of financial
By the Board, Rachel D. Campbell, assistance (OFA) to subsidize continued
(30 days after the verified notice of Director, Office of Proceedings.
exemption was filed). rail service has been received, this
Kenyatta Clay,
West Branch and Continental certify exemption will be effective on May 20,
Clearance Clerk. 2016, unless stayed pending
that: (1) The rail lines to be operated by
[FR Doc. 2016–09106 Filed 4–19–16; 8:45 am] reconsideration. Petitions to stay that do
CGAC do not connect with any other
BILLING CODE 4915–01–P not involve environmental issues and
railroads in the corporate family; (2) the
transaction is not part of a series of formal expressions of intent to file an
anticipated transactions that would OFA to subsidize continued rail service
SURFACE TRANSPORTATION BOARD
connect these rail lines with each other under 49 CFR 1152.27(c)(2) 2 must be
or any railroad in their corporate family; [Docket No. AB 55 (Sub–No. 758X)] filed by April 29, 2016.3 Petitions to
and (3) the transaction does not involve reopen must be filed by May 10, 2016,
a Class I rail carrier. Therefore, the CSX Transportation, Inc.—
with the Surface Transportation Board,
transaction is exempt from the prior Discontinuance of Service
395 E Street SW., Washington, DC
approval requirements of 49 U.S.C. Exemption—in Dickenson County, Va.
20423–0001.
11323. See 49 CFR 1180.2(d)(2). CSX Transportation, Inc. (CSXT), filed
Under 49 U.S.C. 10502(g), the Board A copy of any petition filed with the
a verified notice of exemption under 49 Board should be sent to CSXT’s
may not use its exemption authority to CFR part 1152 subpart F—Exempt
relieve a rail carrier of its statutory representative: Louis E. Gitomer, Law
Abandonments and Discontinuances of
obligation to protect the interests of its Offices of Louis E. Gitomer, LLC, 600
Service to discontinue service over an
employees. Section 11326(c), however, approximately 2.2-mile rail line on Baltimore Avenue, Suite 301, Towson,
does not provide for labor protection for CSXT’s Southern Region, Huntington MD 21204.
transactions under §§ 11324 and 11325 Division, Kingsport Subdivision, If the verified notice contains false or
that involve only Class III rail carriers. Engineering Appalachian Division, also misleading information, the exemption
Accordingly, the Board may not impose known as the Nora Branch, between is void ab initio.
labor protective conditions here because milepost ZN 0.0 and milepost ZN 2.2 in Board decisions and notices are
all of the carriers involved are Class III Nora, Dickenson County, Va. (the Line).
carriers. available on our Web site at
The Line traverses United States Postal
If the verified notice contains false or ‘‘WWW.STB.DOT.GOV.’’
Service Zip Code 24272 and is served by
misleading information, the exemption the station at Nora at milepost Z 26 Decided: April 15, 2016.
is void ab initio. Petitions to revoke the (FSAC 50026/OPSL 24600).1 By the Board, Rachel D. Campbell,
CSXT has certified that: (1) No local Director, Office of Proceedings.
1 The parties state that: (1) West Branch is a
traffic has moved over the Line for at Kenyatta Clay,
limited liability company, formed for the purpose
least two years; (2) because the Line is
of acquiring shortline railroads; (2) Continental is Clearance Clerk.
a limited liability company, formed for the purpose not a through route, no overhead traffic
[FR Doc. 2016–09107 Filed 4–19–16; 8:45 am]
of managing and operating shortline railroads; and has operated, and, therefore, none needs
(3) West Branch’s wholly owned subsidiary, Delta to be rerouted over other lines; (3) no BILLING CODE 4915–01–P
Southern Railroad, Inc. (DSR), is an existing Class
III rail carrier. West Branch states that it acquired
formal complaint filed by a user of rail
the stock of DSR from its former owners in a service on the Line (or by a state or local 2 Each OFA must be accompanied by the filing
transaction outside of the Board’s jurisdiction. government entity acting on behalf of
Lhorne on DSK5TPTVN1PROD with NOTICES

fee, which is currently set at $1,600. See 49 CFR
2 In Docket No. FD 36007, CGAC also filed a
such user) regarding cessation of service 1002.2(f)(25).
petition to waive the 60-day labor notice over the Line is pending either with the 3 Because this is a discontinue proceeding and
requirements of 49 CFR 1150.32(e) in order for the
acquisition and operation transaction to be Surface Transportation Board (Board) or not an abandonment, interim trail use/rail banking
consummated on or before the scheduled and public use conditions are not appropriate.
consummation date. The notice and petition for 1 CSXT states that the station is located on the Because there will be an environmental review
waiver in FD 36007 will be addressed in a separate main line at milepost Z 26 where the Nora Branch during abandonment, this discontinuance does not
decision. connects to the main line at milepost ZN 0.0. require an environmental review.

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Document Created: 2016-04-20 01:51:13
Document Modified: 2016-04-20 01:51:13

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 23346