[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Page 67057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27262]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 722X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Anderson County, TN

    CSX Transportation, Inc. (CSXT) filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over approximately a 
4.85-mile rail line on CSXT's Southern Region, Huntington Division, KD 
Subdivision, extending between milepost 0AE 251.15 at the connection 
with CSXT's main line and milepost 0AE 256.0 at the end of the track in 
Oak Ridge, Anderson County, Tenn. The line traverses United States 
Postal Service Zip Code 37830.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least two years; (2) any overhead traffic can be and has 
been rerouted; (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 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) has been received, this exemption will be 
effective on December 8, 2012, unless stayed pending reconsideration. 
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) \1\ must be filed by November 19, 2012.\2\ 
Petitions to reopen must be filed by November 28, 2012, with the 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001.
---------------------------------------------------------------------------

    \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 CSXT is seeking to discontinue service, not to 
abandon the line, trail use/rail banking and public use conditions 
are not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
---------------------------------------------------------------------------

    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: November 2, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-27262 Filed 11-7-12; 8:45 am]
BILLING CODE 4915-01-P