[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Page 16310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07774]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 463 (Sub-No. 2X)]
Alabama Railroad Co.--Abandonment Exemption--in Escambia,
Conecuh, and Monroe Counties, Alabama
Alabama Railroad Co. (ALAB) has filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to
abandon approximately 47.5 miles of rail line, which extends from
approximately milepost 607.73 at Flomaton, Ala., to approximately
milepost 655.2 near Tunnel Springs, Ala., including all sidings and the
MR Junction Spur between valuation stations 0+00 and 90+81 in Escambia,
Conecuh, and Monroe, Counties, Ala. (the Line). The Line traverses U.S.
Postal Service Zip Codes 36426, 36441, 36460, 36471, and 36475.
ALAB has certified that: (1) No local or overhead traffic over the
Line has moved for at least two years; (2) any overhead traffic on the
Line could be rerouted over other lines; (3) no formal complaint filed
by a user of rail service on the Line (or 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 (4) the requirements at 49
CFR 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to
governmental agencies), 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) \1\ for continued rail service has been
received, this exemption will be effective on May 18, 2019, unless
stayed pending reconsideration. Petitions to stay that do not involve
environmental issues must be filed by April 26, 2019.\2\ Formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) \3\ and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by April 29, 2019. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by May 8, 2019, with the
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001.
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\1\ The Board modified its OFA procedures effective July 29,
2017. Among other things, the OFA process now requires potential
offerors, in their formal expression of intent, to make a
preliminary financial responsibility showing based on a calculation
using information contained in the carrier's filing and publicly
available information. See Offers of Financial Assistance, EP 729
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
\2\ 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.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,800. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with Board should be sent to CSXT's
representatives, William A. Mullins and Crystal M. Zorbaugh, Baker &
Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC
20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
ALAB has filed a combined 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 April 23, 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 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), ALAB 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 ALAB's filing a notice of
consummation by April 18, 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: April 15, 2019.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-07774 Filed 4-17-19; 8:45 am]
BILLING CODE 4915-01-P