81 FR 44406 - Florida Central Railroad Company, Inc.-Discontinuance of Service Exemption-in Lake County, Fla.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 130 (July 7, 2016)

[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Page 44406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16101]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 319 (Sub-No. 5X)]


Florida Central Railroad Company, Inc.--Discontinuance of Service 
Exemption--in Lake County, Fla.

    Florida Central Railroad Company, Inc. (Florida Central), 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 4.4-mile portion of rail line between milepost ASD 
818.1 in Eustis, through a milepost equation at the Eustis Canal Bridge 
where milepost ASD 817.0 = milepost ASC 815.1, to the end of the line 
at milepost ASC 818.4 in Umatilla, in Lake County, Fla. (the Line).\1\ 
The Line traverses U.S. Postal Service Zip Codes 32726 and 32784.
---------------------------------------------------------------------------

    \1\ Florida Central is a Class III common carrier that operates 
approximately 64 miles of rail line in central Florida. Florida 
Central commenced operations after acquiring several lines, 
including the Line, from CSX Transportation, Inc. (CSXT). See Fla. 
Cent. R.R.--Acquis. & Operation--Seaboard Sys. R.R., FD 30923 (ICC 
served Dec. 10, 1986). Florida Central states that, while it 
acquired the track assets comprising the Line from CSXT in 1986, 
CSXT retained ownership of the underlying right-of-way of the Line.
---------------------------------------------------------------------------

    Florida Central has certified that: (1) No local traffic has moved 
over the Line for at least two years; (2) there is no overhead traffic 
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 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 become effective on August 6, 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 July 18, 2016.\3\ Petitions to reopen must be 
filed by July 27, 2016, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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 Florida Central is seeking to discontinue service, 
not to abandon the Line, trail use/rail banking and public use 
conditions are not appropriate. Because there will be environmental 
review during abandonment, this discontinuance does not require an 
environmental review.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
Florida Central's representative: Audrey L. Brodrick, Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    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: June 30, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-16101 Filed 7-6-16; 8:45 am]
 BILLING CODE 4915-01-P