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

• Published date: 14 November 2019
• Record Number: 2019-24709
• Section: Notices
• Court: Surface Transportation Board

Federal Register, Volume 84 Issue 220 (Thursday, November 14, 2019)

[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