[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65451-65452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25766]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1292X]


Alabama & Tennessee River Railway, LLC--Abandonment Exemption--in 
Marshall County, Ala.

    Alabama & Tennessee River Railway, LLC (ATN), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon an approximately 885-foot rail line beginning 
approximately 3,670 feet north of milepost 86 in Marshall County, Ala., 
and continuing to the end of the track (the Line). The Line traverses 
U.S. Postal Service Zip Code 35976.
    ATN has certified that: (1) No local traffic has moved over the 
Line in the past two years; (2) there is, and can be, no overhead 
traffic on the Line because it is stub-ended; (3) no formal complaint 
filed by a user of rail service on the Line (or by a state or local 
government entity

[[Page 65452]]

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), and 49 CFR 1105.7 and 1105.8 (environmental 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) \1\ has been received, this exemption will 
be effective on December 27, 2019, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues must be filed by December 6, 2019.\2\ Formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2) and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by December 9, 
2019.\3\ Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by December 17, 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 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).
    \2\ 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.
    \3\ 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 ATN's 
representative, Paul R. Hitchcock, Holland & Knight LLP, Suite 3900, 50 
North Laura Street, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    ATN has filed a combined 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 December 2, 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 trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR1152.29(e)(2), ATN 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 ATN's filing a notice of consummation by November 
27, 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: November 21, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-25766 Filed 11-26-19; 8:45 am]
 BILLING CODE 4915-01-P