CSX Transportation, Inc.-Discontinuance of Service Exemption-in Perry County, Ky., 91237 [2016-30275]

Download as PDF Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–BatsEDGX– 2016–71 and should be submitted on or before January 6, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016–30254 Filed 12–15–16; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 767X)] mstockstill on DSK3G9T082PROD with NOTICES CSX Transportation, Inc.— Discontinuance of Service Exemption—in Perry 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 3.3-mile rail line on CSXT’s Northern Region, Louisville Division, EK Subdivision, between milepost 0WV 242.0 and milepost 0WV 245.3 in Hazard, Perry County, Ky. (the Line). The Line traverses United States Postal Service Zip Codes 41701 and 41722. There is one station on the Line, Sigmon, located at milepost 0VD 245 (FSAC 42845/OPSL 17202).1 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 route, 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 (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 10 17 CFR 200.30–3(a)(12). 1 CSXT states that the Sigmon station can be closed. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 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 January 17, 2017, unless stayed pending reconsideration.2 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) 3 must be filed by December 23, 2016.4 Petitions to reopen must be filed by January 5, 2017, 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. 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: December 13, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–30275 Filed 12–15–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. EP 730 (Sub-No. 1)] Revisions to Arbitration Procedures By decision served on September 30, 2016, as corrected on October 11, 2016, the Board adopted rules to modify its arbitration procedures so that its regulations, set forth at 49 CFR 1108 and 1115.8, conform to the requirements of the Surface Transportation 2 Although CSXT states in its verified notice that the proposed consummation date of this transaction is January 16, 2017, this transaction cannot be consummated until January 17, 2017 (50 days from its filing date). 49 CFR 1152.50(d)(2). 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See 49 CFR 1002.2(f)(25). 4 Because this is a discontinue 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 00123 Fmt 4703 Sfmt 4703 91237 Reauthorization Act of 2015, Public Law 114–110 (2015). Under Section 13 of that Act (codified at 49 U.S.C. 11708), the Board must ‘‘promulgate regulations to establish a voluntary and binding arbitration process to resolve rail rate and practice complaints’’ that are subject to the Board’s jurisdiction. Section 11708(f) provides that, unless parties otherwise agree, an arbitrator or panel of arbitrators shall be selected from a roster maintained by the Board. Accordingly, the Board’s rules establish a process for creating and maintaining a roster of arbitrators. See Revisions to Arbitration Procedures, EP 730, slip op. at 3–4 (STB served Oct. 11, 2016). To establish the initial roster of arbitrators, the Board now seeks applications from all interested persons who wish to be included on the roster. Each applicant should describe his or her experience with rail transportation and economic regulation, as well as professional or business experience, including agriculture, in the private sector. Further, each applicant should describe his or her training in dispute resolution and/or experience in arbitration or other forms of dispute resolution, including the number of years of experience. Lastly, the applicant should provide his or her contact information and fees. Applications should be submitted by January 17, 2017.1 The Board will assess each applicant’s qualifications to determine which individuals can ably serve as arbitrators based on the criteria established under 49 CFR 1108.6(b). The Board will then establish the initial roster of arbitrators by no-objection vote. The Board’s roster will include a brief biographical sketch of each arbitrator, including information such as background, area(s) of expertise, arbitration experience, and geographical location, as well as contact information and fees, based on the information supplied by the arbitrator. The roster will be published on the Board’s Web site, pursuant to 49 CFR 1108.6(b). The roster will be updated every year and may be modified by the Board at any time through a no-objection vote. It is ordered: 1. Applications to be included on the Board’s roster of arbitrators are due by January 17, 2017. 2. This decision is effective on the day of service. 1 Persons who have informally indicated an interest in being included on the arbitrator roster (e.g., correspondence to Board members) should submit an application pursuant to this decision. E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Page 91237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30275]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 767X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Perry 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 
3.3-mile rail line on CSXT's Northern Region, Louisville Division, EK 
Subdivision, between milepost 0WV 242.0 and milepost 0WV 245.3 in 
Hazard, Perry County, Ky. (the Line). The Line traverses United States 
Postal Service Zip Codes 41701 and 41722. There is one station on the 
Line, Sigmon, located at milepost 0VD 245 (FSAC 42845/OPSL 17202).\1\
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    \1\ CSXT states that the Sigmon station can be closed.
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    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 
route, 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 (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.
    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 January 17, 2017, unless 
stayed pending reconsideration.\2\ 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) 
\3\ must be filed by December 23, 2016.\4\ Petitions to reopen must be 
filed by January 5, 2017, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \2\ Although CSXT states in its verified notice that the 
proposed consummation date of this transaction is January 16, 2017, 
this transaction cannot be consummated until January 17, 2017 (50 
days from its filing date). 49 CFR 1152.50(d)(2).
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinue 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.GOV.''

    Decided: December 13, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-30275 Filed 12-15-16; 8:45 am]
 BILLING CODE 4915-01-P