[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55899-55900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22340]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 725X]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Raleigh County, WV

    On August 22, 2012, CSX Transportation, Inc. (CSXT) filed with the 
Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903 to discontinue rail service over 
approximately 13.5 miles of rail line between milepost WG 12.0 near 
Helen and milepost WG 25.5 at McVey in Raleigh County, W. Va. The line 
is owned by Norfolk Southern Railway Company (NSR) and has been 
operated by CSXT since 1996 under lease from NSR.\1\ The line traverses 
U.S. Postal Service Zip Codes 25915, 25920, 25823, and 25827 and 
includes no stations.
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    \1\ See CSX Transp., Inc.--Lease & Operation Exemption--Norfolk 
& W. Ry., FD 32768 (ICC served Oct. 27, 1995). According to CSXT, 
the lease was amended in 1996.
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    CSXT states that the line does not contain any federally granted 
rights-of-way. Any documentation in CSXT's possession will be made 
available promptly to those requesting it.
    CSXT points out that, in a letter dated May 16, 2011, NSR invoked 
its termination rights under the lease. According to CSXT, NSR may, 
upon a written 30-day notice, terminate the lease at its sole 
discretion provided that NSR offers trackage rights or another 
appropriate agreement to CSXT that would allow CSXT to continue 
operating between milepost WG 12.0 near Helen and milepost WG 23.6 at 
Pemberton, W. Va., for CSXT's own purposes and with its own trains and 
crews. In a decision served on August 10, 2012, pursuant to a written 
trackage rights agreement dated May 18, 2012, between the parties, CSXT 
was authorized to acquire overhead and local trackage rights from NSR 
to continue operating over the line of railroad, known as the Pemberton 
Line, between milepost WG 12.0 near Helen and milepost WG 23.6 at 
Pemberton, a distance of 11.6 miles.\2\ CSXT states that NSR will 
resume providing rail service on the 13.5-mile line but that, pursuant 
to the lease, CSXT will retain the right and obligation to continue to 
provide common carrier service on the line between Helen and McVey 
until it receives discontinuance authority from the Board and 
consummates that authority.
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    \2\ See CSXT Transp., Inc.--Trackage Rights Exemption--Norfolk 
S. Ry., FD 35626 (STB served Aug. 10, 2012).
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    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad-Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by December 10, 2012.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to subsidize continued rail service will be due no later than 10 days 
after service of a decision granting the petition for exemption. \3\ 
Each offer must be accompanied by the filing fee, which is currently 
set at $1,600. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2012 Update, Ex Parte 
No. 542 (Sub-No. 20) (STB served July 27, 2012).
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    \3\ Because this is a discontinuance proceeding and not an 
abandonment proceeding, trail use/rail banking and public use 
conditions are not appropriate. Similarly, no environmental or 
historic documentation is required under 49 CFR 1105.6(c)(2) and 
1105.8.
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    All filings in response to this notice must refer to Docket No. AB 
55 (Sub-No. 725X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001, and (2) Melanie B. 
Yasbin, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, 
Suite 301, Towson, MD 21204. Replies to the petition are due on or 
before October 1, 2012.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305.

[[Page 55900]]

Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 31, 2012.

    By the Board, Richard Armstrong, Acting Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-22340 Filed 9-10-12; 8:45 am]
BILLING CODE 4915-01-P