Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 17897 

1FDOT indicates that, due to a relocation project 

in Sanford, FL, the distance between milepost A– 

768 and milepost A–771 is only 749 feet. 

Accordingly, the actual length of the line is 2.9 

miles shorter than indicated by its milepost termini. 

2 Because, FDOT asserts that it is not acquiring 

a common carrier obligation to provide freight 

service, FDOT has also included a motion to 

dismiss in this proceeding. The motion will be 

addressed in a subsequent Board decision. 

3Florida Central Railroad Company, Inc., an 

existing tenant of CSXT, will continue to operate 

over a portion of the Orlando Line for purposes of 

interchanging traffic with CSXT, and the National 

Railroad Passenger Corporation, also an existing 

tenant of CSXT, will continue to operate four daily 

passenger trains over the length of the Orlando 

Line. 

4 FDOT does not include a time frame for any 

future transactions. FDOT is put on notice that a 

substantial lag time between the publication of this 

notice and any future transactions could put in 

doubt the validity of the notice requirements 

pertaining to any new transactions. Accordingly, 

the Board reserves the right to require any future 

transactions to be noticed in the Federal Register 

before the Board can entertain a motion to dismiss. 

1Seaside initially filed this notice on March 12, 

2009, but supplemented it on March 19, 2009 to 

comply fully with the requirement of 49 CFR 

1152.50(d) that the railroad seeking the exemption 

notify certain governmental entities 10 days prior 

to filing the notice of exemption. Therefore, 10 days 

from the filing of the supplement (March 30, 2009) 

will be considered the official filing date of this 

notice of exemption. 

2Because this is a discontinuance of service 

proceeding and not an abandonment, the 

proceeding is exempt from the requirements of 49 

CFR 1105.7 (environmental reports), 49 CFR 1105.8 

(historic reports), and 49 CFR 1105.11 (transmittal 

letter). 3Applicant states that its anticipated 

consummation date is May 4, 2009. Because of the 

new file date, this transaction cannot be 

consummated before May 19, 2009. 4Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 

Regulations Governing Fees for Services Performed 

in Connection with Licensing and Related Services– 

2008 Update, STB Ex Parte No. 542 (Sub-No. 15) 

(STB served June 18, 2008). 5Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. 

1150.31 to acquire from CSX 

Transportation, Inc. (CSXT) certain 

physical assets and associated right-ofway, including approximately 61.5 

miles of rail line, the Orlando Line, 

extending between milepost A–749.7 in 

DeLand, and milepost A–814–1 in 

Poinciana, Volusia, Seminole, Orange, 

and Osceola Counties, FL.1

FDOT states that it will acquire 

neither the right nor ability to provide 

or control freight service on the Orlando 

Line but will develop and operate a 

commuter rail system on the Orlando 

Line.2 CSXT, according to FDOT, will 

continue to provide all common carrier 

rail freight service over the Orlando 

Line, retaining an exclusive and 

perpetual freight operating easement.3

FDOT will also obtain an option to 

acquire from CSXT the physical assets 

and associated right-of-way of CSXT’s 

Aloma Spur extending from a 

connection with the Orlando Line at 

milepost AU–766.0 in Sanford, to 

milepost AU–771.8, near Airport 

Boulevard and the Orlando/Sanford 

International Airport, a distance of 

approximately 5.8 miles, and CSXT’s 

DeLand Spur extending from a 

connection with the Orlando Line at 

milepost ASE–750.3 (DeLand Junction) 

to milepost ASE–753.3, near downtown 

DeLand, a distance of approximately 3.0 

miles. FDOT does not intend to acquire 

the Aloma Spur and DeLand Spur at 

this time, but they are included so that 

any jurisdictional determination made 

by the Board pursuant to FDOT’s 

motion to dismiss will also cover those 

tracks.4

The transaction is scheduled to take 

place on June 30, 2009 (after the May 3, 

2009 effective date of the exemption). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to reopen the 

proceeding to revoke the exemption 

under 49 U.S.C. 10502(d) may be filed 

at any time. The filing of a petition to 

revoke will not automatically stay the 

transaction. Petitions for stay will be 

due no later than April 24, 2009 (at least 

7 days before the effective date of the 

exemption). 

An original and 10 copies of all 

pleadings referring to STB Finance 

Docket No. 35110 must be filed with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on William C. 

Sippel, Fletcher & Sippel, LLC, 29 North 

Wacker Drive, Suite 920, Chicago, IL 

60606–2832. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 10, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–8702 Filed 4–16–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1027X] 

Seaside Holdings, Inc.— 

Discontinuance of Service 

Exemption—in Harlan County, KY 

Seaside Holdings, Inc. (Seaside) has 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments and 

Discontinuances of Service to 

discontinue service over a 12.56-mile 

line of railroad extending from milepost 

OWH 258.5 to the end of the track at 

milepost OWH 271.06 in Harlan County, 

KY. The line traverses United States 

Postal Service Zip Codes 40828, 40843 

and 40927.1

Seaside has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic 

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 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.2

As a condition to this exemption, any 

employee adversely affected by the 

discontinuance of service shall be 

protected under Oregon Short Line R. 

Co.—Abandonment—Goshen, 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) has been received, this 

exemption will be effective on May 19, 

2009, unless stayed pending 

reconsideration.3 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),4 must be filed by 

April 27, 2009.5 Petitions to reopen 

must be filed by May 7, 2009, 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 Seaside’s 

representative: Fritz R. Kahn, Fritz R. 

Kahn, P.C., 1920 N Street, NW., 8th 

floor, Washington, DC 20036. 

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 3, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–8069 Filed 4–16–09; 8:45 am] 

BILLING CODE 4915–01–P 

mstockstill on PROD1PC66 with NOTICES