[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36301-36302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14311]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 731X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Oswego County, NY

    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 
0.85-mile rail line on CSXT's Northern Region, Albany Division, Fulton 
Subdivision, between milepost QMF 37.10 at the connection with CSXT's 
main line and milepost QMF 37.95 at the end of the track, in Oswego 
County, NY (the Line). The Line traverses United States Postal Service 
Zip Code 13126, and includes the Oswego Station located at milepost QMF 
37.10.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic on the Line 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 July 17, 2013, 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 June 27, 2013.\2\ Petitions 
to reopen must be filed by July 8, 2013, 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 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.
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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.

[[Page 36302]]

    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: June 12, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-14311 Filed 6-14-13; 8:45 am]
BILLING CODE 4915-01-P