[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Page 43643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17951]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1288X]


Cedar River Railroad Company--Discontinuance of Service 
Exemption--in Freeborn County, Minn

    Cedar River Railroad Company (CEDR) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over approximately 
9.3 miles of railroad line between milepost 85.0 in London Township (at 
the southwestern quadrant of the intersection of County Road 107 and 
Township Road 264) and milepost 94.32 at Glenville, in Freeborn County, 
Minn. (the Line). The Line traverses U.S. Postal Service Zip Code 
56036.
    CEDR has certified that: (1) No local has moved over the Line for 
at least two years; (2) overhead traffic (to the extent there is any) 
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 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.
    Any employee of CEDR 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) \1\ to subsidize continued rail service has 
been received, this exemption will be effective on September 20, 
2019,\2\ unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues must be filed by August 30, 2019, 
and formal expressions of intent to file an OFA to subsidize continued 
rail service under 49 CFR 1152.27(c)(2) \3\ must be filed by September 
3, 2019.\4\ Petitions for reconsideration must be filed by September 
10, 2019, with the Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001.
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    \1\ 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).
    \2\ CEDR states that it intends to consummate the discontinuance 
on or after September 1, 2019, but it may not do so prior to the 
effective date of this exemption.
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, 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 
environmental review.
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    A copy of any petition filed with Board should be sent to CEDR's 
representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 800, Chicago, IL 60606.
    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: August 15, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-17951 Filed 8-20-19; 8:45 am]
 BILLING CODE 4915-01-P