[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Page 37943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16542]


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SURFACE TRANSPORTATION BOARD

[Docket Nos. AB 1266X; AB 1267X; and AB 1276X]


Canonie Atlantic Co.--Abandonment Exemption--Hallwood to Cape 
Charles, Va.; Cassatt Management LLC d/b/a Bay Coast Railroad--
Discontinuance of Service Exemption--Hallwood to Cape Charles, Va.; and 
Eastern Shore Railroad, Inc.--Discontinuance of Service Exemption--
Hallwood to Cape Charles, Va.

    On July 15, 2019, Cassatt Management, LLC d/b/a Bay Coast Railroad 
(BCR), Eastern Shore Railroad, Inc. (ESRR), and Canonie Atlantic Co. 
(CAC) \1\ filed with the Board a petition under 49 U.S.C. 10502 for 
exemption from the prior approval requirements of 49 U.S.C. 10903 for 
BCR and ESRR to discontinue their lease operations over, and for CAC to 
abandon, approximately 49.1 miles of rail line in Accomack and 
Northampton Counties, Va. (the Line).
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    \1\ BCR, ESSR, and CAC are referred to collectively as 
Petitioners. The Petition states (Pet. 3 n.2) that CAC is acting on 
behalf of both ESRR (a wholly owned subsidiary of CAC) and BSR.
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    The Line is located between milepost 45.7 at Hallwood, Va., and the 
end of the line at milepost 94.8 at Cape Charles, Va., and the car 
float operation from Cape Charles to Little Creek, Va. The Line 
traverses U.S. Postal Service Zip Codes 23301, 23306, 23307, 23308, 
23310, 23316, 23341, 23347, 23350, 23354, 23357, 23359, 23401, 23405, 
23408, 23409, 23410, 23413, 23417, 23418, 23420, 23421, 23441, and 
23480.
    Petitioners state that, based on information in their possession, 
the Line does not contain any federally granted rights-of-way. 
Petitioners state that any documentation in their possession will be 
made available to those requesting it.
    According to Petitioners, BCR terminated all operations on April 
30, 2018, with little advance notice and without seeking prior Board 
approval. Petitioners state that the car float operation has been out 
of business since 2009, and that no shippers have used the Line for 
more than one year. Petitioners also state that there has been no 
overhead traffic for years, despite some efforts to develop that 
traffic.
    Petitioners state that, because this transaction involves the 
discontinuance over and abandonment of the remainder of the Line (a 
whole line abandonment), the imposition of employee protective 
conditions is not required. (Pet. 14 (citing Wellsville, Addison & 
Galeton R.R.--Aban., 354 I.C.C. 744 (1978); Northampton & Bath R.R.--
Aban., 354 I.C.C. 784 (1978)).)
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 1, 2019.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 120 days after the filing of the petition for 
exemption, or 10 days after service of a decision granting the petition 
for exemption, whichever occurs sooner. Persons interested in 
submitting an OFA must first file a formal expression of intent to file 
an offer by August 12, 2019, 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)(1)(i).
    Following authorization for abandonment, the Line may be suitable 
for other public use, including interim trail use. Any request for a 
public use condition under 49 CFR 1152.28 or for trail use/rail banking 
under 49 CFR 1152.29 will be due no later than August 24, 2019.\2\
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    \2\ 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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    All pleadings, referring to Docket Nos. AB 1267, AB 1276, and AB 
1266, must be filed with the Surface Transportation Board either via e-
filing or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
Petitioners' representatives, John D. Heffner and Sloane S. Carlough, 
Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, 
Washington, DC 20004. Replies to this petition are due on or before 
August 24, 2019.
    Persons seeking further information concerning abandonment and 
discontinuance procedures may contact the Board's Office of Public 
Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or 
refer to the full abandonment and discontinuance regulations at 49 CFR 
pt. 1152. Questions concerning environmental issues may be directed to 
the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who comment during its 
presentation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available at www.stb.gov.

    Decided: July 29, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-16542 Filed 8-1-19; 8:45 am]
BILLING CODE 4915-01-P