[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Notices]
[Page 9789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03641]



[[Page 9789]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 43 (Sub-No. 187X)]


Illinois Central Railroad Company--Discontinuance of Trackage 
Rights Exemption--in Madison, Yazoo, Holmes, Carroll, Montgomery, 
Grenada, Yalobusha, Tallahatchie, Panola, Tate, and Desoto Counties, 
Miss.

    Illinois Central Railroad Company (IC) \1\ has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue its limited 
overhead trackage rights over approximately 175.4 miles of rail line 
known as the Grenada Line, owned by Grenada Railway LLC (GRYR),\2\ 
extending between milepost 403.0 at Southaven and milepost 703.8 near 
Canton, in Madison, Yazoo, Holmes, Carroll, Montgomery, Grenada, 
Yalobusha, Tallahatchie, Panola, Tate, and Desoto Counties, Miss.\3\ 
The line traverses United States Postal Service Zip Codes 39046, 39179, 
39146, 39079, 39063, 39192, 39176, 38967, 38925, 38926, 38960, 38901, 
38953, 38961, 38948, 38927, 38658, 38620, 38606, 38666, 38619, 38668, 
38618, 38632, 38651, 38637, and 38671.
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    \1\ IC is a wholly owned, indirect subsidiary of Canadian 
National Railway Company and is a Class I rail carrier.
    \2\ On December 17, 2013, GRYR filed a petition for exemption in 
Grenada Railway, LLC--Abandonment Exemption--in Montgomery, Carroll, 
Holmes, Yazoo, & Madison Counties, Miss., Docket No. AB 1087 (Sub-
No. 1X), to abandon the southern segment of its Grenada Line between 
milepost 626.1 near Elliott and milepost 703.8 near Canton, Miss., a 
distance of 77.7 miles. Notice instituting that proceeding was 
served and published in the Federal Register on January 6, 2014 (79 
FR 702), and a decision modifying the procedural schedule was served 
on January 24, 2014. That matter is pending before the Board.
    \3\ IC previously filed a verified notice of exemption in Docket 
No. AB 43 (Sub-No. 185X) for discontinuance of IC's same limited 
overhead trackage rights over the Grenada line but indicated that, 
pursuant to the trackage rights agreement between the parties, the 
discontinuance was contingent upon approval of GRYR's abandonment of 
a portion of the Grenada line in Grenada Railway, LLC-Abandonment 
Exemption--in Grenada, Montgomery, Carroll, Holmes, Yazoo, & Madison 
Counties, Miss., Docket No. AB 1087X. At GRYR's request, the 
petition for exemption was withdrawn and the proceeding was 
discontinued in a decision served on November 10, 2011, which 
rendered IC's request to discontinue its trackage rights moot under 
the parties' agreement. In a notice served on November 16, 2011, 
IC's notice of exemption was withdrawn and the proceeding was 
discontinued. Here, IC states that its filing in this docket is 
contingent upon approval of GRYR's petition for exemption filed in 
Docket No. AB 1087 (Sub-No. 1X). If the petition is denied, IC 
indicates it would withdraw its notice of exemption in this 
proceeding. IC notes that it acquired these trackage rights from 
GRYR by virtue of IC's retention of the trackage rights upon its 
sale of the Grenada Line to GRYR. See Grenada Ry.--Acquis. & 
Operation Exemption--Ill. Cent. R.R. & Waterloo Ry., FD 35247 (STB 
served May 29, 2009).
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    IC has certified that: (1) No local traffic has moved via its 
trackage rights over the line for at least two years; (2) any overhead 
traffic that could be handled via those trackage rights over the line 
can be rerouted over other lines; (3) no formal complaint filed by a 
user of IC's trackage rights over the line (or by a state or local 
government entity acting on behalf of such user) regarding cessation of 
IC 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 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) has been received, this exemption will be 
effective on February 20, 2014, 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)\4\ must be filed by March 3, 
2014.\5\ Petitions to reopen must be filed by March 23, 2014, with the 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001.
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    \4\ Because this is a discontinuance and not an abandonment, 
only OFAs to subsidize continued rail service are permitted. Each 
OFA must be accompanied by the filing fee, which currently is set at 
$1,600. See 49 CFR 1002.2(f)(25).
    \5\ 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 IC's 
representative: Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 920, Chicago, IL, 60606-2832.
    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.

    Decided: February 14, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-03641 Filed 2-14-14; 8:45 am]
BILLING CODE 4915-01-P