[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.
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    \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.
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    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.
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    \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.
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    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