81 FR 8327 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Harlan County, KY

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range		8327-8327
FR Document		2016-03356

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)

[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Page 8327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03356]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 753X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Harlan 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 
1.6-mile rail line on its Southern Region, Huntington Division, CV 
Subdivision, Engineering Appalachian Division, also known as the Merna 
Spur from milepost 0MV 248.5 to milepost 0MV 250.1, in Harlan County, 
Ky. (the Line). The Line traverses United States Postal Service Zip 
Code 40818, and includes the station of Creech (FSAC 43739/OPSL 20395) 
at milepost 0MV 250.
    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 
line, 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 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 March 19, 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 February 29, 2016.\2\ Petitions to reopen must be 
filed by March 9, 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 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: February 12, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-03356 Filed 2-17-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 8327

SUMMARY: In a decision served on County, Ky. (the Line). The Line If the verified notice contains false or
February 12, 2016, we proposed to traverses United States Postal Service misleading information, the exemption
adopt 1.014 (1.4% per year) as the Zip Code 40818, and includes the is void ab initio.
measure of average change in railroad station of Creech (FSAC 43739/OPSL Board decisions and notices are
productivity for the 2010–2014 (five- 20395) at milepost 0MV 250. available on our Web site at
year) averaging period. This value CSXT has certified that: (1) No local ‘‘WWW.STB.DOT.GOV.’’
represents an increase of 0.7% from the traffic has moved over the Line for at Decided: February 12, 2016.
average for the 2009–2013 period. The least two years; (2) because the Line is By the Board, Rachel D. Campbell,
Board’s February 12, 2016 decision in Director, Office of Proceedings.
not a through line, no overhead traffic
this proceeding stated that comments
has operated, and, therefore, none needs Brendetta S. Jones,
may be filed addressing any perceived
to be rerouted over other lines; (3) no Clearance Clerk.
data and computational errors in the
formal complaint filed by a user of rail [FR Doc. 2016–03356 Filed 2–17–16; 8:45 am]
Board’s calculation. It also stated that, if
service on the Line (or by a state or local BILLING CODE 4915–01–P
there were no further action taken by
government entity acting on behalf of
the Board, the proposed productivity
such user) regarding cessation of service
adjustment would become effective on
over the Line is pending either with the DEPARTMENT OF TRANSPORTATION
March 1, 2016.
Surface Transportation Board or any
DATES: The productivity adjustment is
U.S. District Court or has been decided Federal Highway Administration
effective March 1, 2016. Comments are
in favor of a complainant within the
due by February 24, 2016. Notice of Final Federal Agency Actions
two-year period; and (4) the
ADDRESSES: Send comments (an original requirements at 49 CFR 1105.12 on Proposed Highway in California
and 10 copies) referring to Docket No. (newspaper publication) and 49 CFR
EP 290 (Sub-No. 4) to: Surface AGENCY: Federal Highway
1152.50(d)(1) (notice to governmental Administration (FHWA), DOT.
Transportation Board, 395 E Street SW., agencies) have been met.
Washington, DC 20423–0001. ACTION: Notice of Limitation on Claims
FOR FURTHER INFORMATION CONTACT:
As a condition to this exemption, any for Judicial Review of Actions by the
Michael Smith, (202) 245–0322. Federal employee adversely affected by the California Department of Transportation
Information Relay Service (FIRS) for the discontinuance of service shall be (Caltrans), pursuant to 23 U.S.C. 327.
hearing impaired, (800) 877–8339. protected under Oregon Short Line
Railroad—Abandonment Portion SUMMARY: The FHWA, on behalf of
SUPPLEMENTARY INFORMATION: Caltrans, is issuing this notice to
Goshen Branch Between Firth &
Additional information is contained in announce actions taken by Caltrans that
Ammon, in Bingham & Bonneville
the Board’s decision, which is available are final within the meaning of 23
Counties, Idaho, 360 I.C.C. 91 (1979). To
on our Web site at http:// U.S.C. 139(l)(1). The actions relate to a
address whether this condition
www.stb.dot.gov. Copies of the decision proposed highway project, Centennial
may be purchased by contacting the adequately protects affected employees,
a petition for partial revocation under Corridor Project on State Route 58 from
Board’s Office of Public Assistance, Cottonwood Road to Interstate 5 and
Governmental Affairs, and Compliance 49 U.S.C. 10502(d) must be filed.
State Route 99 from Wilson Road to
at (202) 245–0236. Assistance for the Provided no formal expression of Gilmore Avenue in the County of Kern,
hearing impaired is available through intent to file an offer of financial State of California. Those actions grant
FIRS at (800) 877–8339. assistance (OFA) to subsidize continued licenses, permits, and approvals for the
Decided: February 12, 2016 rail service has been received, this project.
By the Board, Chairman Elliott, Vice exemption will become effective on
DATES: By this notice, the FHWA, on
Chairman Miller, and Commissioner March 19, 2016, unless stayed pending
Begeman. reconsideration. Petitions to stay that do behalf of Caltrans, is advising the public
not involve environmental issues and of final agency actions subject to U.S.C
Tia Delano,
formal expressions of intent to file an § 139(l)(1). A claim seeking judicial
Clearance Clerk.
OFA to subsidize continued rail service review of the Federal agency actions on
[FR Doc. 2016–03347 Filed 2–17–16; 8:45 am] the highway project will be barred
under 49 CFR 1152.27(c)(2) 1 must be
BILLING CODE 4915–01–P
filed by February 29, 2016.2 Petitions to unless the claim is filed on or before
reopen must be filed by March 9, 2016, July 18, 2016. If the Federal law that
with the Surface Transportation Board, authorizes judicial review of a claim
SURFACE TRANSPORTATION BOARD provides a time period of less than 150
395 E Street SW., Washington, DC
[Docket No. AB 55 (Sub-No. 753X)] 20423–0001. days for filing such claim, then that
shorter time period still applies.
CSX Transportation, Inc.— A copy of any petition filed with the FOR FURTHER INFORMATION CONTACT:
Discontinuance of Service Board should be sent to CSXT’s Jennifer H. Taylor, Office Chief,
Exemption—in Harlan County, KY representative: Louis E. Gitomer, Law California Department of Transportation
Offices of Louis E. Gitomer, LLC, 600 District 6, 855 M Street, Suite 200,
CSX Transportation, Inc. (CSXT), filed Baltimore Avenue, Suite 301, Towson,
a verified notice of exemption under 49 Fresno, CA 93721, during normal
MD 21204. business hours from 8:00 a.m. to 5:00
CFR part 1152 subpart F—Exempt
p.m., Telephone number (888) 404–
mstockstill on DSK4VPTVN1PROD with NOTICES

Abandonments and Discontinuances of 1 Each OFA must be accompanied by the filing
Service to discontinue service over an 6375, email: Jennifer.taylor@dot.ca.gov.
fee, which is currently set at $1,600. See 49 CFR
approximately 1.6-mile rail line on its 1002.2(f)(25). SUPPLEMENTARY INFORMATION: Effective
Southern Region, Huntington Division, 2 Because this is a discontinuance proceeding and July 1, 2007, the FHWA assigned, and
CV Subdivision, Engineering not an abandonment, interim trail use/rail banking the Caltrans assumed environmental
and public use conditions are not appropriate.
Appalachian Division, also known as Because there will be an environmental review
responsibilities for this project pursuant
the Merna Spur from milepost 0MV during abandonment, this discontinuance does not to 23 U.S.C. 327. Notice is hereby given
248.5 to milepost 0MV 250.1, in Harlan require an environmental review. that Caltrans has taken final agency

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Document Created: 2016-02-18 07:46:25
Document Modified: 2016-02-18 07:46:25

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 8327