[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61961-61962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24709]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 797X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Suffolk County, Va.

    CSX Transportation, Inc. (CSXT), has 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 
4.0-mile rail line on its Florence Division, Portsmouth Subdivision, 
known as the Suffolk Spur from milepost AB 214.0 to milepost AB 218.0, 
in Suffolk County, Va. (the Line). The Line traverses U.S. Postal 
Service Zip Code 23434. CSXT states that there is one station on the 
Line: Suffolk (FSAC10133) at milepost AB 215.0. CSXT states that the 
station can be closed.
    CSXT has certified that: (1) No freight traffic has moved over the 
Line for two years; (2) any overhead traffic on the Line can be 
rerouted; (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 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.

[[Page 61962]]

    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) \1\ to subsidize continued rail service has 
been received, this exemption will be effective on December 14, 2019, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues must be filed by November 22, 2019. 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 November 25, 
2019.\3\ Petitions for reconsideration must be filed by December 4, 
2019, with the Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001.
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    \1\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \2\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, 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 
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 at www.stb.gov.

    Decided: November 6, 2019.
    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-24709 Filed 11-13-19; 8:45 am]
 BILLING CODE 4915-01-P