[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Page 79133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31862]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 751X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Bell and Harlan Counties, Ky.

    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 an approximately 
seven-mile rail line on CSXT's Southern Region, Huntington Division, CV 
Subdivision, Engineering Appalachian Division, also known as the 
Pucketts Creek Branch between milepost OPC 223.0 and milepost OPC 230.0 
in Bell and Harlan Counties, Ky. (the Line). The Line traverses United 
States Postal Service Zip Codes 40845, 40856, and 40863, and includes 
two stations, Alva (FSAC 43932/OPSL 19940) at milepost OPC 223.0 and 
Piedmont (FSAC 43931/OPSL 19930) at milepost OPC 230.0.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) because the Line is not a through 
line, no overhead traffic needs to be rerouted over other lines; (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 is pending either 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 (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) to subsidize continued rail service has been 
received, this exemption will be effective on January 19, 2016, 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) \1\ must be 
filed by December 28, 2015.\2\ Petitions to reopen must be filed by 
January 7, 2016, 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 this is a discontinue proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be environmental 
review during abandonment, this discontinuance does not require an 
environmental review.
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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.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 15, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-31862 Filed 12-17-15; 8:45 am]
BILLING CODE 4915-01-P