81 FR 73463 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Clay, Marion, and Clinton Counties, Ill.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 206 (October 25, 2016)

[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Page 73463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25757]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 750X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Clay, Marion, and Clinton Counties, Ill.

    CSX Transportation, Inc. (CSXT), filed with the Board a petition 
\1\ under 49 U.S.C. 10502 for exemption from the provisions of 49 
U.S.C. 10903 to discontinue rail service over an approximately 59.3-
mile rail line on its Southern Region, Nashville Division, Illinois 
Subdivision between milepost BC 244.7, near Flora, and milepost BC 
304.00, near Aviston, in Clay, Marion, and Clinton Counties, Ill. (the 
Line). The Line traverses United States Postal Service Zip Codes 62839, 
62899, 62849, 62881, 62870, 62882, 62801, 62231, 62230, 62216, and 
62219. The Line serves the stations of Kenner at milepost BC 247, Xenia 
at milepost BC 251, Greendale at milepost BC 258, Bannister at milepost 
BC 265, Salem at milepost BC 268, Odin at milepost BC 274, Shattuc at 
milepost BC 281, Ferrin at milepost BC 286, Carlyle at milepost BC 291, 
Beckemeyer at milepost BC 294, and Breese at milepost BC 299.
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    \1\ CSXT initially filed the petition on August 31, 2016. By 
letter filed September 12, 2016, CSXT notified the Board that it had 
omitted two Zip Codes (62219 and 62231) from its notice. By letter 
filed September 19, 2016, CSXT notified the Board that it had 
republished the notice of the proposed discontinuance in a newspaper 
of general circulation in Marion and Clinton Counties, Ill. By 
letter dated October 5, 2016, CSXT stated that it omitted Zip Code 
62219 only. Zip Code 66231, which was identified as omitted in 
CSXT's September 12 and 19 letters, was in fact included in its 
original petition. CSXT also filed with its October 5 letter copies 
of the certificates of publication and requested permission to amend 
Exhibit D of its petition to include the certificates. October 5, 
2016 is therefore considered the filing date and the basis for all 
dates in this notice.
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    CSXT states that the Line contains the following federally granted 
rights-of-way, each by Legislative Act: mileposts BC 274 to BC 274.9; 
mileposts BC 275.2 to BC 275.6; mileposts BC 280.35 to BC 281; 
mileposts BC 285.5 to BC 285.9; mileposts BC 292.5 to BC 293; and 
mileposts BC 295.5 to BC 296. Any documentation in CSXT's possession 
concerning title will be made available to those requesting it.
    CSXT states that continued operation of the Line will create a 
burden on CSXT and on interstate commerce. According to CSXT, it 
operated the Line until June 10, 2016, when the Line was embargoed due 
to the condition of the ties on the Line. CSXT states that, before the 
embargo, the only commodity shipped by the last active shipper on the 
Line, ProBuild East, LLC (ProBuild), was lumber.
    According to CSXT, the traffic on the Line is not sufficient to 
offset maintenance costs or the costs to rehabilitate the ties on the 
Line. CSXT states that local traffic on the Line has fallen to two cars 
in 2014, two cars in 2015, and no traffic to date in 2016. 
Additionally, CSXT states that all overhead traffic has been rerouted. 
CSXT proposes to discontinue service over the Line to avoid 
maintenance, inspection, operating, and rehabilitation costs while 
leaving the Line in place to be reactivated in the event traffic 
reemerges on the Line.
    CSXT states that there is adequate alternate transportation 
available which ProBuild is using, and cites motor carrier options in 
the area and rail loading and unloading facilities at East St. Louis, 
Ill. According to CSXT, it does not believe that ProBuild will oppose 
the proposed discontinuance of service.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad-Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by January 23, 2017.
    Because this is a discontinuance proceeding and not an abandonment 
proceeding, 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.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to subsidize continued rail service will be due no later than February 
2, 2017, or 10 days after service of a decision granting the petition 
for exemption, whichever occurs sooner. Each offer must be accompanied 
by a $1,600 filing fee. See 49 CFR 1002.2(f)(25).
    All filings in response to this notice must refer to Docket No. AB 
55 (Sub-No. 750X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Louis E. 
Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Ave. Suite 
301, Towson, MD 21204. Replies to this petition are due on or before 
November 14, 2016.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR pt. 1152. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 20, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-25757 Filed 10-24-16; 8:45 am]
 BILLING CODE 4915-01-P