[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66322-66323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23276]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 763X)]


CSX Transportation, Inc.--Abandonment Exemption--in Logan County, 
W. Va.

    CSX Transportation, Inc. (CSXT) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon an approximately 3.29-mile rail line on its Southern Region, 
Florence Division, Logan Subdivision, between milepost CLX 0.0 near Man 
and milepost CLX 3.29 near Garnette, in Logan County, W. Va. (the 
Line). The Line traverses United States Postal Service Zip Codes 25632 
and 25635 and includes the Mann station at milepost CLX 0.0 (FSAC 
82597/OPSL 69065) and the Garnette station at milepost CLX 3.0 (FSAC 
82596/OPSL 65885).
    CSXT has certified that: (1) No local freight traffic has moved 
over the Line for at least two years; (2) because the Line is not a 
through route, no overhead traffic has operated; and, therefore, none 
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 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 (4) 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

[[Page 66323]]

assistance (OFA) has been received, this exemption will be effective on 
October 27, 2016, unless stayed pending reconsideration. Petitions to 
stay that do not involve environmental issues,\1\ formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by October 7, 2016. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 17, 2016, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.\3\
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    \1\ 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.
    \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\ CSXT states that the Line may be suitable for other public 
purposes or trail use, but may be subject to reversionary interests.
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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 September 
30, 2016. 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 September 27, 2017, 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.GOV.

    Decided: September 22, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-23276 Filed 9-26-16; 8:45 am]
 BILLING CODE 4915-01-P