[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54463-54464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24900]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 757X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Dickenson 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 approximately 
13.65 miles of rail line from milepost ZF 0.0 to milepost ZF 13.65 on 
CSXT's Southern Region, Florence Division, Kingsport Subdivision in 
Dickenson County, Va. (the Line). The Line traverses United States 
Postal Service Zip Codes 24226, 24228, and 24230. CSXT states that 
there are 12 internal CSXT stations on the line that can be closed.\1\
---------------------------------------------------------------------------

    \1\ These stations are at Caney, Cranes Nest DTC, Dickenson, 
Cranes Nest, Holly Creek, Crabtree, Clintwood Mills, Mullin, Delp, 
Victor, Lick Fork, and Phipps.
---------------------------------------------------------------------------

    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) overhead traffic on the Line can be 
rerouted over other lines; (3) no formal complaint filed by a user of a 
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 either pending with the Surface Transportation Board or with 
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) to subsidize continued rail service has been 
received, this exemption will be effective on December 17, 2017, 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 November 27, 2017.\3\

[[Page 54464]]

Petitions for reconsideration must be filed by December 7, 2017, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,800. See Regulations Governing Fees for 
Servs. Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 
28, 2017).
    \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.
---------------------------------------------------------------------------

    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.GOV.''

    Decided: November 13, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2017-24900 Filed 11-16-17; 8:45 am]
 BILLING CODE 4915-01-P