[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Page 17897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8069]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1027X]


Seaside Holdings, Inc.--Discontinuance of Service Exemption--in 
Harlan County, KY

    Seaside Holdings, Inc. (Seaside) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 12.56-mile 
line of railroad extending from milepost OWH 258.5 to the end of the 
track at milepost OWH 271.06 in Harlan County, KY. The line traverses 
United States Postal Service Zip Codes 40828, 40843 and 40927.\1\
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    \1\ Seaside initially filed this notice on March 12, 2009, but 
supplemented it on March 19, 2009 to comply fully with the 
requirement of 49 CFR 1152.50(d) that the railroad seeking the 
exemption notify certain governmental entities 10 days prior to 
filing the notice of exemption. Therefore, 10 days from the filing 
of the supplement (March 30, 2009) will be considered the official 
filing date of this notice of exemption.
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    Seaside has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\2\
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    \2\ Because this is a discontinuance of service proceeding and 
not an abandonment, the proceeding is exempt from the requirements 
of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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 May 19, 2009, unless stayed pending reconsideration.\3\ 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\4\ must be filed by April 27, 2009.\5\ Petitions 
to reopen must be filed by May 7, 2009, with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Applicant states that its anticipated consummation date is 
May 4, 2009. Because of the new file date, this transaction cannot 
be consummated before May 19, 2009.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services-2008 
Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 
2008).
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to 
Seaside's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N 
Street, NW., 8th floor, Washington, DC 20036.
    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: April 3, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-8069 Filed 4-16-09; 8:45 am]
BILLING CODE 4915-01-P