[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Page 20087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8439]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 55 (Sub-No. 705X)]


CSX Transportation, Inc.--Discontinuance of Service Exemption--in 
Pinellas County, Fla.

    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 approximately a 
0.45-mile rail line on CSXT's Southern Region, Jacksonville Division, 
Clearwater Subdivision, extending between milepost ARE 897.55 near 16th 
Street North and milepost ARE 898.00 at the junction of 1st Avenue 
South and Dr. Martin Luther King Street in St. Petersburg, Pinellas 
County, Fla. The line traverses United States Postal Service Zip Code 
33707.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic 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 either is pending with the Surface Transportation Board or with 
any U.S. District Court or has been decided in favor of complainant 
within the 2-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. Sec.  10502(d) must 
be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on May 11, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \1\ must be filed by April 21, 2011.\2\ Petitions 
to reopen must be filed by May 2, 2011, 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 $1,500. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, 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 
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 http://www.stb.dot.gov.

    Decided: April 1, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-8439 Filed 4-8-11; 8:45 am]
BILLING CODE 4915-01-P