[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11733-11734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03726]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1000 (Sub-No. 2X); Docket No. AB 290 (Sub-No. 344X)]


Georgia Southwestern Railroad, Inc.--Discontinuance of Service 
Exemption--in Chattahoochee, Marion, and Schley Counties, GA.; Central 
of Georgia Railroad Company--Discontinuance of Service Exemption--in 
Chattahoochee, Marion, and Schley Counties, GA

    Central of Georgia Railroad Company (CGA) and Georgia Southwestern 
Railroad, Inc. (GSWR) (collectively, applicants) have jointly filed a 
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for each carrier to 
discontinue service over approximately 33 miles of rail line between 
milepost 12.0 at or near Ochillee and milepost 45.0 near Ellaville, in 
Chattahoochee, Marion, and Schley Counties, GA (the line). Applicants 
state that the line is a portion of a CGA-owned rail line extending 
between Ochillee and milepost 61.5 in Americus, GA, that is leased to 
GSWR. The line traverses United States Postal Service Zip Codes 31803, 
31805, 31806, and 31905.
    Applicants have certified that: (1) No local traffic has moved over 
the line for at least two years; (2) no overhead traffic has moved over 
the line for at least two years and overhead traffic, if any, could be 
transported over other rail routes; (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 
or with any U.S. District Court or has been decided in favor of 
complainant

[[Page 11734]]

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 March 21, 2013, 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) \1\ must be 
filed by March 1, 2013.\2\ Petitions to reopen must be filed by March 
11, 2013, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because applicants are seeking to discontinue service, not 
to abandon the line, trail use/rail banking and public use 
conditions are not appropriate. Likewise, no environmental or 
historic documentation is required here under 49 CFR 1105.6(c) and 
49 CFR 1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: For CGA, Robert A. Wimbish, Baker & Miller 
PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037; for 
GSWR, Eric M. Hocky, Thorp Reed & Armstrong, LLP, One Commerce Square, 
2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    If the 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: February 13, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-03726 Filed 2-15-13; 8:45 am]
BILLING CODE 4915-01-P