81 FR 9576 - CSX Transportation, Inc.-Discontinuance of Service Exemption-in Hamilton County, Ohio

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 37 (February 25, 2016)

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9576-9577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04168]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 754X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Hamilton County, Ohio

    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 approximately a 
2.07-mile rail line on CSXT's Southern Region, Louisville Division, 
Cincinnati Terminal Subdivision, also known as the Mill Creek Branch, 
between milepost BEK 2.24 and milepost BEK 4.31 in Hamilton County, 
Ohio. (the Line). The Line traverses United States Postal Service Zip 
Codes 45214, 45225, and 45223. There are no stations on the Line.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic 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

[[Page 9577]]

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 March 26, 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 March 7, 2016.\2\ Petitions to reopen must be filed by March 
16, 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 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.DOT.GOV.''

    Decided: February 22, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-04168 Filed 2-24-16; 8:45 am]
 BILLING CODE 4915-01-P