[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75394-75395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26075]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 802X)]


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

    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 
7.0-mile rail line on its Louisville Division, Big Sandy Subdivision, 
from milepost CMP 24.0 to milepost CMP 31.0, in Pike County, Ky. (the 
Line). The Line traverses U.S. Postal Service Zip Codes 41539 and 
41554.
    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic can be rerouted 
over other lines; (3) no formal complaint filed by a user of rail 
service on the Line (or 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 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.
    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

[[Page 75395]]

assistance (OFA) \1\ to subsidize continued rail service has been 
received, this exemption will be effective on December 25, 2020, unless 
stayed pending reconsideration.\2\ Petitions to stay that do not 
involve environmental issues must be filed by December 4, 2020, 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 December 7, 
2020.\4\ Petitions for reconsideration must be filed by December 15, 
2020.
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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\ CSXT states that it intends to consummate the discontinuance 
of the Line on December 25, 2020.
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ Because this is a discontinuance 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 environmental review.
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    A copy of any petition filed with 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 19, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-26075 Filed 11-24-20; 8:45 am]
BILLING CODE 4915-01-P