# CSX Transportation, Inc.—Discontinuance of Service Exemption—in Raleigh County, W. Va.
CSX Transportation, Inc. (CSXT) filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— *Exempt Abandonments and Discontinuances of Service* to discontinue service over approximately 3.80 miles of railroad line (the Line), on its Southern Region, Huntington Division, Piney Creek Subdivision, between mileposts CAV 0.0 and CAV 3.80 near Surveyor, in Raleigh County, W. Va. The Line traverses United States Postal Service Zip Codes 25932 and 25844.
CSXT has certified that: (1) No freight traffic has moved over the Line for at least two years; (2) 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 any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (3) the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. [^1]
[^1] On June 17, 2015, CSXT submitted corrected certificates of service and publication.
As a condition to this exemption, any employee adversely affected by the discontinuance 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 August 1, 2015, 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 July 13, 2015. [^3] Petitions to reopen must be filed by July 22, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
[^2] Each OFA must be accompanied by the filing fee, which is currently set at $1,600. *See* 49 CFR 1002.2(f)(25).
[^3] Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate.
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 Ave., 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.*
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
Decided: June 25, 2015.
Raina S. Contee,
Clearance Clerk.