81 FR 24928 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Letcher County, KY

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 81 (April 27, 2016)

[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24928-24929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09819]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 756X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Letcher County, KY

    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 
1.17-mile line of railroad (the Line), on its Southern Region, 
Huntington Division, Rockhouse Subdivision, Engineering Appalachian 
Division (also known as the Pat Kentucky Wye), from mileposts 0VM 
280.36 and 0VM1 280.39 to milepost 0VM 281.32 in Camp Branch, Letcher 
County, KY.\1\ The Line traverses United States Postal Service Zip Code 
41858.
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    \1\ CSXT states there is one station on the Line, Sapphire, at 
milepost 0VM 281.0 (FSAC 42918/OPSL 17470).
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    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; (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 
before 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 May 27, 2016 (50 days 
after the filing of the exemption), 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

[[Page 24929]]

filed by May 9, 2016.\3\ Petitions to reopen must be filed by May 17, 
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 discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate.
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    A copy of any petition filed with the Board should be sent to 
CSXT's representative: Louis E. Gitomer, 600 Baltimore Ave., Suite 301, 
Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Because there will be an environmental review during an 
abandonment, this discontinuance does not require an environmental 
review.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: April 21, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-09819 Filed 4-26-16; 8:45 am]
 BILLING CODE 4915-01-P