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

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)

Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)

Notices

Page 23346

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-09107

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SURFACE TRANSPORTATION BOARD

Docket No. AB 55 (Sub-No. 758X)

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

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 2.2-mile rail line on CSXT's Southern Region, Huntington Division, Kingsport Subdivision, Engineering Appalachian Division, also known as the Nora Branch, between milepost ZN 0.0 and milepost ZN 2.2 in Nora, Dickenson County, Va. (the Line). The Line traverses United States Postal Service Zip Code 24272 and is served by the station at Nora at milepost Z 26 (FSAC 50026/OPSL 24600).\1\

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\1\ CSXT states that the station is located on the main line at milepost Z 26 where the Nora Branch connects to the main line at milepost ZN 0.0.

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CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) because the Line is not a through route, no overhead traffic has operated, and, therefore, none needs 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 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) to subsidize continued rail service has been received, this exemption will be effective on May 20, 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) \2\ must be filed by April 29, 2016.\3\ Petitions to reopen must be filed by May 10, 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 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 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 on our Web site at ``WWW.STB.DOT.GOV.''

Decided: April 15, 2016.

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

Kenyatta Clay,

Clearance Clerk.

FR Doc. 2016-09107 Filed 4-19-16; 8:45 am

BILLING CODE 4915-01-P