[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Pages 38272-38273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16240]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 743X)]


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

    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 
3.80 miles of railroad line (the Line), on its Southern Region, 
Huntington Division, Piney Creek Subdivision, between mileposts CAV 0.0 
and CAV 3.80 near Surveyor, in Raleigh County, W. Va. The Line 
traverses United States Postal Service Zip Codes 25932 and 25844.
    CSXT has certified that: (1) No freight traffic has moved over the 
Line for at least two years; (2) 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 any 
U.S. District Court or has been decided in favor of a complainant 
within the two-year period; and (3) the requirements at 49 CFR 1105.12 
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\1\
---------------------------------------------------------------------------

    \1\ On June 17, 2015, CSXT submitted corrected certificates of 
service and publication.
---------------------------------------------------------------------------

    As a condition to this exemption, any employee adversely affected 
by the discontinuance 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) to subsidize continued rail service has been 
received, this exemption will become effective on August 1, 2015, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 
\2\ must be

[[Page 38273]]

filed by July 13, 2015.\3\ Petitions to reopen must be filed by July 
22, 2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate.
---------------------------------------------------------------------------

    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 Ave., 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: June 25, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-16240 Filed 7-1-15; 8:45 am]
 BILLING CODE 4915-01-P