[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Page 45618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18647]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1272X]
Central Texas & Colorado River Railway, LLC--Abandonment
Exemption--in McCulloch, San Saba, Mills, and Lampasas Counties, Tex.
On August 9, 2019, Central Texas & Colorado River Railway, LLC
(CTXR), 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 to
abandon a railroad line covering approximately 67.5 miles of track in
McCulloch, San Saba, Mills, and Lampasas Counties, Tex., (the Line),
which constitutes CTXR's entire railroad system. The Line extends from
a connection with BNSF Railway Company at milepost 0.0 at Lometa, Tex.,
to the end of the Line at milepost 67.5 near Brady, Tex. The Line
traverses U.S. Postal Service Zip Codes 76825, 76872, 76871, 76877, and
76853.
CTXR states that the Line is predominately single-tracked, is stub-
ended at Brady, and has no overhead traffic. According to CTXR, to the
best of its knowledge, the Line does not contain any federally granted
rights-of-way. CTXR states that any documentation in its possession
concerning title will be made available promptly to those requesting
it.
According to CTXR, it acquired the Line in 2016. See Central Tex. &
Colo. River Ry.--Acquis. & Operation Exemption--Line of Heart of Tex.
R.R., FD 36018 (STB served July 14, 2016). However, CTXR states that
the Line, which is embargoed as of July 25, 2019, due to bridge
problems and unsafe track conditions, has become a burden to CTXR and
interstate commerce. The petition states that CTXR has incurred
millions of dollars of losses since acquiring the Line and CTXR asserts
that the costs of maintaining and operating the Line heavily outweigh
the potential annual revenue that could be generated from shippers
remaining on the Line. CTXR also states that despite its good faith
efforts to work with potential and existing customers to generate
sufficient operating revenues, and despite its capital investments, the
anticipated traffic increases that motivated the purchase of the Line
have not materialized.
Citing Knox & Kane Railroad--Abandonment Exemption--McKean County,
Pa., AB 551 (Sub-No. 2X) (STB served July 24, 2015), CTXR asserts that,
because it proposes to abandon its entire railroad system, the
imposition of employee protective conditions is not appropriate.
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 27, 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 file a formal expression of intent to file an
offer by September 9, 2019, indicating the type of financial assistance
they wish to provide (i.e., subsidy or purchase) and demonstrating that
they are preliminary 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 September 18, 2019.\1\
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\1\ 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 No. AB 1272X, 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 CTXR's representative, Robert
A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606. Replies to the petition are due on or before
September 18, 2019.
Persons seeking further information concerning abandonment
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 (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
preparation. 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: August 23, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-18647 Filed 8-28-19; 8:45 am]
BILLING CODE 4915-01-P