[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20458-20459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09537]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1275X]


Transkentucky Transportation Railroad Inc.--Discontinuance of 
Trackage Rights Exemption--in Mason County, Ky.

    Transkentucky Transportation Railroad Inc. (TTI),\1\ a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR pt. 
1152 subpart F--Exempt Abandonments and Discontinuances of Service to 
discontinue approximately 13.1 miles of trackage rights over CSXT's 
Cincinnati Subdivision between milepost CA 595.6, near Springdale, and 
milepost CA 608.7, near Charleston Bottoms, in Mason County, Ky. (the 
Line).\2\ There is one station on the Line at Maysville, Ky. (FSAC 70). 
The Line traverses U.S. Postal Service Zip Code 41056.
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    \1\ TTI is a wholly owned subsidiary of CSX Transportation, Inc. 
(CSXT).
    \2\ Transkentucky Transp. R.R.--Trackage Rights Exemption--CSX 
Transp., Inc., FD 31595 (STB served Feb. 9, 1990).
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    TTI has certified that: (1) No traffic has moved over the Line for 
at least two 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 on the Line is pending either with 
the Surface Transportation Board (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 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) \3\ to subsidize continued rail service has 
been received, this exemption will be effective on June 8, 2019, unless 
stayed

[[Page 20459]]

pending reconsideration. Petitions to stay that do not involve 
environmental issues must be filed by May 17, 2019, 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 May 20, 
2019.\5\ Petitions to reopen must be filed by May 29, 2019, with the 
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001.
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    \3\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \4\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \5\ Because this is a discontinue proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during abandonment, this discontinuance does 
not require an environmental review.
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    A copy of any petition filed with the Board should be sent to TTI'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 at www.stb.gov.

    Decided: May 3, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-09537 Filed 5-8-19; 8:45 am]
 BILLING CODE 4915-01-P