81 FR 91237 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Perry County, Ky.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range		91237-91237
FR Document		2016-30275

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Page 91237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30275]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 767X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Perry 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 
3.3-mile rail line on CSXT's Northern Region, Louisville Division, EK 
Subdivision, between milepost 0WV 242.0 and milepost 0WV 245.3 in 
Hazard, Perry County, Ky. (the Line). The Line traverses United States 
Postal Service Zip Codes 41701 and 41722. There is one station on the 
Line, Sigmon, located at milepost 0VD 245 (FSAC 42845/OPSL 17202).\1\
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    \1\ CSXT states that the Sigmon station can be closed.
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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 January 17, 2017, unless 
stayed pending reconsideration.\2\ 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) 
\3\ must be filed by December 23, 2016.\4\ Petitions to reopen must be 
filed by January 5, 2017, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \2\ Although CSXT states in its verified notice that the 
proposed consummation date of this transaction is January 16, 2017, 
this transaction cannot be consummated until January 17, 2017 (50 
days from its filing date). 49 CFR 1152.50(d)(2).
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25).
    \4\ 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.GOV.''

    Decided: December 13, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-30275 Filed 12-15-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 91237

received will be posted without change; Goshen Branch Between Firth & Reauthorization Act of 2015, Public Law
the Commission does not edit personal Ammon, in Bingham & Bonneville 114–110 (2015). Under Section 13 of
identifying information from Counties, Idaho, 360 I.C.C. 91 (1979). To that Act (codified at 49 U.S.C. 11708),
submissions. You should submit only address whether this condition the Board must ‘‘promulgate regulations
information that you wish to make adequately protects affected employees, to establish a voluntary and binding
available publicly. All submissions a petition for partial revocation under arbitration process to resolve rail rate
should refer to File No. SR–BatsEDGX– 49 U.S.C. 10502(d) must be filed. and practice complaints’’ that are
2016–71 and should be submitted on or Provided no formal expression of subject to the Board’s jurisdiction.
before January 6, 2017. intent to file an offer of financial Section 11708(f) provides that, unless
assistance (OFA) to subsidize continued parties otherwise agree, an arbitrator or
For the Commission, by the Division of
Trading and Markets, pursuant to delegated rail service has been received, this panel of arbitrators shall be selected
authority.10 exemption will be effective on January from a roster maintained by the Board.
Eduardo A. Aleman, 17, 2017, unless stayed pending Accordingly, the Board’s rules establish
reconsideration.2 Petitions to stay that
Assistant Secretary. a process for creating and maintaining a
do not involve environmental issues
[FR Doc. 2016–30254 Filed 12–15–16; 8:45 am] roster of arbitrators. See Revisions to
and formal expressions of intent to file
BILLING CODE 8011–01–P Arbitration Procedures, EP 730, slip op.
an OFA to subsidize continued rail
service under 49 CFR 1152.27(c)(2) 3 at 3–4 (STB served Oct. 11, 2016).
must be filed by December 23, 2016.4 To establish the initial roster of
SURFACE TRANSPORTATION BOARD Petitions to reopen must be filed by arbitrators, the Board now seeks
January 5, 2017, with the Surface applications from all interested persons
[Docket No. AB 55 (Sub-No. 767X)]
Transportation Board, 395 E Street SW., who wish to be included on the roster.
CSX Transportation, Inc.— Washington, DC 20423–0001. Each applicant should describe his or
Discontinuance of Service A copy of any petition filed with the her experience with rail transportation
Exemption—in Perry County, Ky. Board should be sent to CSXT’s and economic regulation, as well as
representative: Louis E. Gitomer, Law professional or business experience,
CSX Transportation, Inc. (CSXT), filed Offices of Louis E. Gitomer, LLC, 600 including agriculture, in the private
a verified notice of exemption under 49 Baltimore Avenue, Suite 301, Towson, sector. Further, each applicant should
CFR part 1152 subpart F—Exempt MD 21204. describe his or her training in dispute
Abandonments and Discontinuances of If the verified notice contains false or resolution and/or experience in
Service to discontinue service over an misleading information, the exemption arbitration or other forms of dispute
approximately 3.3-mile rail line on is void ab initio. resolution, including the number of
CSXT’s Northern Region, Louisville Board decisions and notices are years of experience. Lastly, the
Division, EK Subdivision, between available on our Web site at applicant should provide his or her
milepost 0WV 242.0 and milepost 0WV ‘‘WWW.STB.GOV.’’ contact information and fees.
245.3 in Hazard, Perry County, Ky. (the Decided: December 13, 2016.
Line). The Line traverses United States Applications should be submitted by
By the Board, Rachel D. Campbell,
Postal Service Zip Codes 41701 and January 17, 2017.1 The Board will assess
Director, Office of Proceedings.
41722. There is one station on the Line, each applicant’s qualifications to
Kenyatta Clay,
Sigmon, located at milepost 0VD 245 determine which individuals can ably
Clearance Clerk.
(FSAC 42845/OPSL 17202).1 serve as arbitrators based on the criteria
[FR Doc. 2016–30275 Filed 12–15–16; 8:45 am]
CSXT has certified that: (1) No local established under 49 CFR 1108.6(b). The
BILLING CODE 4915–01–P Board will then establish the initial
traffic has moved over the Line for at
least two years; (2) because the Line is roster of arbitrators by no-objection vote.
not a through route, no overhead traffic The Board’s roster will include a brief
SURFACE TRANSPORTATION BOARD
has operated, and, therefore, none needs biographical sketch of each arbitrator,
to be rerouted over other lines; (3) no [Docket No. EP 730 (Sub-No. 1)] including information such as
formal complaint filed by a user of rail background, area(s) of expertise,
service on the Line (or by a state or local Revisions to Arbitration Procedures arbitration experience, and geographical
government entity acting on behalf of By decision served on September 30, location, as well as contact information
such user) regarding cessation of service 2016, as corrected on October 11, 2016, and fees, based on the information
over the Line is pending either with the the Board adopted rules to modify its supplied by the arbitrator. The roster
Surface Transportation Board (Board) or arbitration procedures so that its will be published on the Board’s Web
with any U.S. District Court or has been regulations, set forth at 49 CFR 1108 and site, pursuant to 49 CFR 1108.6(b). The
decided in favor of complainant within 1115.8, conform to the requirements of roster will be updated every year and
the two-year period; and (4) the the Surface Transportation may be modified by the Board at any
requirements at 49 CFR 1105.12 time through a no-objection vote.
(newspaper publication) and 49 CFR 2 Although CSXT states in its verified notice that
It is ordered:
1152.50(d)(1) (notice to governmental the proposed consummation date of this transaction
agencies) have been met. is January 16, 2017, this transaction cannot be 1. Applications to be included on the
consummated until January 17, 2017 (50 days from Board’s roster of arbitrators are due by
As a condition to this exemption, any its filing date). 49 CFR 1152.50(d)(2).
mstockstill on DSK3G9T082PROD with NOTICES

employee adversely affected by the 3 Each OFA must be accompanied by the filing January 17, 2017.
discontinuance of service shall be fee, which is currently set at $1,700. See 49 CFR 2. This decision is effective on the day
protected under Oregon Short Line 1002.2(f)(25).
4 Because this is a discontinue proceeding and
of service.
Railroad—Abandonment Portion not an abandonment, interim trail use/rail banking
and public use conditions are not appropriate. 1 Persons who have informally indicated an
10 17 CFR 200.30–3(a)(12). Because there will be an environmental review interest in being included on the arbitrator roster
1 CSXT states that the Sigmon station can be during abandonment, this discontinuance does not (e.g., correspondence to Board members) should
closed. require an environmental review. submit an application pursuant to this decision.

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Document Created: 2018-02-14 09:08:00
Document Modified: 2018-02-14 09:08:00

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 91237