[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67489-67490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27834]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 745X)]


CSX Transportation, Inc.--Abandonment Exemption--in Floyd County, 
KY

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 11.4 miles of railroad line between milepost COQ 
0.0 near Prestonsburg and milepost COQ 10.1 near David, in Floyd 
County, Ky. (the Line).\1\ The Line, which traverses United States 
Postal Service Zip Codes 41653, 41607, and 41616, includes the stations 
of McNally (OPSL 67056, FSAC 84079), Samson (OPSL 67057, FSAC 84083), 
Joyce Marie (OPSL 67057.1,

[[Page 67490]]

FSAC 84084), Beverly Ann (OPSL 67059, FSAC 84076), and David (OPSL 
67060, FSAC 84075).
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    \1\ The Board previously authorized CSXT to abandon most of the 
Line in 2004. CSX Transp.--Aban. Exemption--in Floyd Cty., Ky., AB 
55 (Sub-No. 645X) (STB served Feb. 9, 2004). CSXT indicates, 
however, that it again seeks an exemption to abandon the Line 
because the deadline to consummate the prior abandonment authority 
expired on April 23, 2008.
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    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 is either pending with the Surface Transportation Board (Board) or 
with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (3) the requirements at 49 
CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 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 abandonment 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 2, 2015, unless stayed pending 
reconsideration.\2\ Petitions to stay that do not involve environmental 
issues,\3\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by November 12, 2015. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 23, 2015, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \2\ Because CSXT amended its verified notice of exemption on 
October 13, 2015, that date is the official filing date and the 
basis for all subsequent dates.
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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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.
    CSXT has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by November 
6, 2015. Interested persons may obtain a copy of the EA by writing to 
OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-
0001) or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Information Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by CSXT's filing of a notice of 
consummation by November 2, 2016, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: October 28, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-27834 Filed 10-30-15; 8:45 am]
 BILLING CODE 4915-01-P