CSX Transportation, Inc.-Abandonment Exemption-in Mason County, Ky, 26715 [2019-12024]

Download as PDF Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 791X)] CSX Transportation, Inc.— Abandonment Exemption—in Mason County, Ky jbell on DSK3GLQ082PROD with NOTICES CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon its dock and loadout/conveyor belt at the Maysville Port in Maysville, beginning at milepost CA 599.0 in Mason County, Ky. (the Line).1 The Line traverses U.S. Postal Service Zip Code 41056. CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) any overhead traffic over the Line 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 (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), 49 CFR 1152.50(d)(1) (notice to governmental agencies), 49 CFR 1105.11 (transmittal letter), and 49 CFR 1105.7 and 1105.8 (environment and historic report) have been met. As a condition to this exemption, any employee adversely affected by the abandonment 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) has been received,2 this exemption will be effective on July 7, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 1 CSXT states that, prior to November 2016, it moved coal through the dock and loadout to a power plant down the Ohio River, and that it is seeking abandonment authority because, under Board precedent, rail-water terminal property has been considered a line of railroad and part of rail operations. 2 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 3 The Board will grant a stay if an informed decision on environmental issues (whether raised VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by June 17, 2019.4 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 27, 2019, 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 Ave., Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed an environmental and historic report that addresses the potential effects of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by June 14, 2019. The EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or interim trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by CSXT’s filing of a notice of consummation by June 7, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: June 4, 2019. by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 4 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 26715 By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Raina Contee, Clearance Clerk. [FR Doc. 2019–12024 Filed 6–6–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36307] Chicago, Rock Island & Pacific Railroad, LLC—Lease and Operation Exemption—Rail Line of Coahoma County, Miss., Near Swan Lake, Miss. Chicago, Rock Island & Pacific Railroad, LLC (CRIP), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 0.25 miles of rail line owned by the County of Coahoma, Miss. (the County), between milepost 103.75 and milepost 104.00 at or near Swan Lake, Miss. (the Segment). CRIP states that the Segment is part of a line that extends approximately 50 miles between Lula, Miss., and Swan Lake (the Line). CRIP states that, at milepost 104.00, the Segment connects to the Illinois Central Railroad Company. CRIP states that the County consummated abandonment of the Line in 2001 1 and thereafter leased the Line to C&J Railroad Co. (C&J), which operated it as a contract carrier. In 2005, C&J obtained an exemption to lease and operate the Segment (but not the rest of the Line) as a common carrier.2 CRIP further states that C&J’s lease of the Line from the County was terminated effective on February 8, 2019, and, shortly thereafter, the County leased the Line to CRIP. Upon consummation of the transaction, CRIP states that it will provide common carrier rail service over the Segment.3 According to CRIP, the lease does not include an interchange commitment. CRIP certifies that its projected revenues as a result of the transaction will not result in the creation of a Class 1 See Cty. Notice of Consummation, July 25, 2001, Cty. of Coahoma, Miss.—Aban. Exemption—in Tallahatchie & Coahoma Ctys., Miss., Docket No. AB 579X. 2 See C&J R.R.—Acquis. & Operation Exemption— in Tallahatchie Cty., Miss., FD 34673 (STB served May 6, 2005). 3 CRIP captions its verified notice as a lease and operation exemption but requests that, if the Board were to determine that the verified notice supports an exemption for change in operators on the Segment from C&J to CRIP, the Board ‘‘so provide’’ in this notice. However, because the verified notice does not indicate that CRIP has reached an agreement with C&J for C&J to cease its own operations over the Segment, CRIP’s verified notice does not support a change in operators exemption. E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Page 26715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12024]



[[Page 26715]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 791X)]


CSX Transportation, Inc.--Abandonment Exemption--in Mason County, 
Ky

    CSX Transportation, Inc. (CSXT), has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon its dock and loadout/conveyor belt at the Maysville Port in 
Maysville, beginning at milepost CA 599.0 in Mason County, Ky. (the 
Line).\1\ The Line traverses U.S. Postal Service Zip Code 41056.
---------------------------------------------------------------------------

    \1\ CSXT states that, prior to November 2016, it moved coal 
through the dock and loadout to a power plant down the Ohio River, 
and that it is seeking abandonment authority because, under Board 
precedent, rail-water terminal property has been considered a line 
of railroad and part of rail operations.
---------------------------------------------------------------------------

    CSXT has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) any overhead traffic over the Line 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 (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), 49 CFR 1152.50(d)(1) (notice to governmental 
agencies), 49 CFR 1105.11 (transmittal letter), and 49 CFR 1105.7 and 
1105.8 (environment and historic report) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment 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) has been received,\2\ this exemption will be 
effective on July 7, 2019, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by June 17, 2019.\4\ Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by June 27, 2019, 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemption's effective 
date.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------

    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.
    CSXT has filed an environmental and historic report that addresses 
the potential effects of the abandonment on the environment and 
historic resources. OEA will issue an environmental assessment (EA) by 
June 14, 2019. The EA will be available to interested persons on the 
Board's website, by writing to OEA, or by calling OEA at (202) 245-
0305. Assistance for the hearing impaired is available through the 
Federal Relay Service at (800) 877-8339. Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes available to the public.
    Environmental, historic preservation, public use, or interim trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by CSXT's filing of a notice of 
consummation by June 7, 2020, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 4, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2019-12024 Filed 6-6-19; 8:45 am]
BILLING CODE 4915-01-P
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