[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56262-56263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20963]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 654X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--In 
Washington, DC

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over an approximately 
6.0-mile rail line of the Northern Region, Baltimore Division, Capital 
Subdivision, between Shepherd Junction, milepost BAZ 0.02, and the end 
of track, milepost BAZ 6.0, in Washington, DC. The line traverses 
United States Postal Service Zip Codes 20019, 20020, 20032, 20332, and 
20375.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can 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 either is pending with the Surface Transportation Board or with 
any U.S. District Court or has been decided in favor of complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8

[[Page 56263]]

(historic report), 49 CFR 1105.11 (transmittal letter), 49 CR 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 shall be protected under Oregon Short Line R. 
Co.--Abandonment--Goshen, 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) has been received, this exemption will be 
effective on October 20, 2004,\1\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues and formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\2\ must be filed by September 30, 2004. Petitions to 
reopen must be filed by October 12, 2004, with: Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ Because this is a discontinuance of service proceeding and 
not an abandonment, there is no need to provide an opportunity for 
trail use/rail banking or public use condition requests. Likewise, 
no environmental or historic documentation is required under 49 CFR 
1105.6(c)(6) and 1105.8.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,100. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Louis E. Gitomer, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    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 http://www.stb.dot.gov.

    Decided: September 10, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-20963 Filed 9-17-04; 8:45 am]
BILLING CODE 4915-01-P