[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68093-68094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23727]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 507 (Sub-No. 2X)]


Florida Northern Railroad Company, Inc.--Discontinuance of 
Service Exemption--in Marion County, Fla.

    Florida Northern Railroad Company, Inc. (Florida Northern) \1\ has 
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 5.3-mile rail line from milepost 756.8 in 
Lowell, to milepost 762.1 in Zuber, in Marion County, Fla. (the 
Line).\2\ The Line traverses U.S. Postal Service Zip Codes 34482, 
32686, and 34475.
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    \1\ Florida Northern is a wholly owned subsidiary of Pinsly 
Railroad Company, a noncarrier holding company, which also controls 
three other Class III rail carriers in Florida and Massachusetts. 
See Pinsly R.R.--Continuance in Control Exemption--Fla. N. R.R., FD 
31369 (ICC served Dec. 21, 1988).
    \2\ According to Florida Northern, it operates ``approximately 
88 miles of rail line'' and ``commenced operations in 1988 after 
acquiring two lines (including a portion of the line over which 
service is to be discontinued).'' (Notice of Exemption 2); see also 
Fla. N. R.R.--Acquis. & Operation Exemption--Certain Rail Lines of 
CSX Transp., Inc., FD 31368 (ICC served Dec. 21, 1988).
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    Florida Northern has certified that: (1) No local traffic has moved 
over the Line for at least two years; (2) there is no overhead traffic 
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 
the 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

[[Page 68094]]

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 November 2, 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) \3\ must be 
filed by October 13, 2016.\4\ Petitions to reopen must be filed by 
October 21, 2016, with the Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \4\ 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 an 
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 
Florida Northern's representative: Audrey L. Brodrick, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    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.GOV.''

    Decided: September 27, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,

Clearance Clerk.
[FR Doc. 2016-23727 Filed 9-30-16; 8:45 am]
 BILLING CODE 4915-01-P