[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Page 67046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23535]



[[Page 67046]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 764X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Pike County, KY

    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 an approximately 
5.1-mile rail line on its Northern Region, Louisville Division, and 
Coal Run Subdivision (also known as the Winns Branch), between 
mileposts CML 9.0 and CML 14.1, in Pike County, KY (the Line). The Line 
traverses United States Postal Service Zip Codes 41557 and 41501. There 
is one station on the Line, Frozen Creek at milepost 14 (FSAC 84185/
OPSL 67466.08), which can be closed.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) since the Line is not a through line, 
no overhead traffic has moved over the Line; (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 before 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 (4) the 
requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.\1\
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    \1\ Section 1152.50(d)(1) requires that a railroad provide 
notice to governmental agencies 10 days before filing a notice for 
discontinuance. CSXT filed its notice with the Board on September 7, 
2016, eight days after mailing notice of the proposed discontinuance 
to the governmental agencies. Therefore, we will consider the notice 
to have been filed with the Board on September 9, 2016.
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    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 October 29, 2016 (50 
days after the filing of the exemption), 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 filed by 
October 7, 2016.\3\ Petitions to reopen must be filed by October 19, 
2016, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \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 CSXT is seeking to discontinue service, not to 
abandon the Line, 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, 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: September 26, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-23535 Filed 9-28-16; 8:45 am]
 BILLING CODE 4915-01-P