[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23326-23327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10348]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 783X)]
CSX Transportation, Inc.--Discontinuance of Service Exemption--in
Baldwin and Hancock Counties, GA
CSX Transportation, Inc. (CSXT), has filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments and
Discontinuances of Service to discontinue service over an approximately
25-mile rail line on its Atlanta Division, Camak Subdivision between
milepost YYM 22.0 and milepost YYM 47.0 in Baldwin and Hancock
Counties, Ga. (the Line). The Line traverses United States Postal
Service Zip Codes 31087 and 31061.
CSXT has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) any overhead traffic on the Line can
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 either pending with the Surface Transportation Board (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) \1\ to subsidize
[[Page 23327]]
continued rail service has been received, this exemption will be
effective on June 17, 2018, 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 May 28,
2018.\3\ Petitions for reconsideration must be filed by June 7, 2018,
with the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\1\ The Board modified its OFA procedures effective July 29,
2017. Among other things, the OFA process now requires potential
offerors, in their formal expression of intent, to make a
preliminary financial responsibility showing based on a calculation
using information contained in the carrier's filing and publicly-
available information. See Offers of Financial Assistance, EP 729
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,800. See 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 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 website at
``WWW.STB.GOV.''
Decided: May 10, 2018.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-10348 Filed 5-17-18; 8:45 am]
BILLING CODE 4915-01-P