CSX Transportation, Inc.-Discontinuance of Service Exemption-in Harlan County, KY, 8327 [2016-03356]

Download as PDF Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices In a decision served on February 12, 2016, we proposed to adopt 1.014 (1.4% per year) as the measure of average change in railroad productivity for the 2010–2014 (fiveyear) averaging period. This value represents an increase of 0.7% from the average for the 2009–2013 period. The Board’s February 12, 2016 decision in this proceeding stated that comments may be filed addressing any perceived data and computational errors in the Board’s calculation. It also stated that, if there were no further action taken by the Board, the proposed productivity adjustment would become effective on March 1, 2016. DATES: The productivity adjustment is effective March 1, 2016. Comments are due by February 24, 2016. ADDRESSES: Send comments (an original and 10 copies) referring to Docket No. EP 290 (Sub-No. 4) to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. FOR FURTHER INFORMATION CONTACT: Michael Smith, (202) 245–0322. Federal Information Relay Service (FIRS) for the hearing impaired, (800) 877–8339. SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our Web site at http:// www.stb.dot.gov. Copies of the decision may be purchased by contacting the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0236. Assistance for the hearing impaired is available through FIRS at (800) 877–8339. SUMMARY: Decided: February 12, 2016 By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Tia Delano, Clearance Clerk. [FR Doc. 2016–03347 Filed 2–17–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 753X)] mstockstill on DSK4VPTVN1PROD with NOTICES CSX Transportation, Inc.— Discontinuance of Service Exemption—in Harlan County, KY 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 1.6-mile rail line on its Southern Region, Huntington Division, CV Subdivision, Engineering Appalachian Division, also known as the Merna Spur from milepost 0MV 248.5 to milepost 0MV 250.1, in Harlan VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 County, Ky. (the Line). The Line traverses United States Postal Service Zip Code 40818, and includes the station of Creech (FSAC 43739/OPSL 20395) at milepost 0MV 250. 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 line, 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 or 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 become effective on March 19, 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) 1 must be filed by February 29, 2016.2 Petitions to reopen must be filed by March 9, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. 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. 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 this is a discontinuance 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. PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 8327 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: February 12, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016–03356 Filed 2–17–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327. AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Centennial Corridor Project on State Route 58 from Cottonwood Road to Interstate 5 and State Route 99 from Wilson Road to Gilmore Avenue in the County of Kern, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to U.S.C § 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before July 18, 2016. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Jennifer H. Taylor, Office Chief, California Department of Transportation District 6, 855 M Street, Suite 200, Fresno, CA 93721, during normal business hours from 8:00 a.m. to 5:00 p.m., Telephone number (888) 404– 6375, email: Jennifer.taylor@dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and the Caltrans assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Page 8327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03356]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 753X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Harlan County, KY

    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 
1.6-mile rail line on its Southern Region, Huntington Division, CV 
Subdivision, Engineering Appalachian Division, also known as the Merna 
Spur from milepost 0MV 248.5 to milepost 0MV 250.1, in Harlan County, 
Ky. (the Line). The Line traverses United States Postal Service Zip 
Code 40818, and includes the station of Creech (FSAC 43739/OPSL 20395) 
at milepost 0MV 250.
    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 
line, 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 or 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 become effective on March 19, 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) 
\1\ must be filed by February 29, 2016.\2\ Petitions to reopen must be 
filed by March 9, 2016, 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 this is a discontinuance 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: February 12, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-03356 Filed 2-17-16; 8:45 am]
 BILLING CODE 4915-01-P