[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37914-37915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12366]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 810X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Marion County, Ind.

    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 
2.26-mile rail line on its Great Lakes Division, Indianapolis Belt 
Subdivision, from milepost QIB 11.24 to milepost QIB 13.50, in Marion 
County, Ind. (the Line). The Line traverses U.S. Postal Service Zip 
Codes 46202 and 46218.
    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 assistance (OFA) \1\ to subsidize continued rail service has 
been received, this exemption will be effective on July 9, 2023, unless 
stayed pending reconsideration.\2\ Petitions to stay that do not 
involve environmental issues must be filed by June 16, 2023, and formal 
expressions of intent to file an OFA to subsidize continued rail

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service under 49 CFR 1152.27(c)(2) \3\ must be filed by June 20, 
2023.\4\ Petitions for reconsideration must be filed by June 29, 2023.
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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 July 11, 2023.
    \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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    All pleadings, referring to Docket No. AB 55 (Sub-No. 810X), must 
be filed with the Surface Transportation Board via e-filing on the 
Board's website or in writing addressed to 395 E Street SW, Washington, 
DC 20423-0001. Additionally, a copy of each pleading filed with Board 
must be sent to CSXT's representative, Melanie B. Yasbin, 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: June 6, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-12366 Filed 6-8-23; 8:45 am]
BILLING CODE 4915-01-P