[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Page 10203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03489]

[[Page 10203]]



[Docket No. AB 1294X; Docket No. AB 1293X]

Eighteen Thirty Group, LLC--Abandonment Exemption--in Allegany 
County, MD.; Georges Creek Railway--Discontinuance Exemption--in 
Allegany County, MD

    Eighteen Thirty Group, LLC (Eighteen Thirty), and Georges Creek 
Railway (GCR) (collectively, Applicants), have jointly filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for Eighteen Thirty to 
abandon, and for GCR to discontinue service over, an approximately 
7.54-mile rail line between milepost BAI 26.00, in Moscow, and milepost 
BAI 18.46, in Shaft, in Allegany County, Md. (the Line). There are six 
stations on the Line: (1) Phi Con 10, at milepost BAI 14 (OPSL 56198); 
(2) Carlos, at milepost BAI 18 (OPSL 56195); (3) Delta 3, at milepost 
BAI 19 (OPSL 56202); (4) Ocean, at milepost BAI 20 (OPSL 56200); (5) 
Lonaconing, at milepost BAI 22 (OPSL 55530); and (6) Mine 5, at 
milepost BAI 24 (OPSL 56215). The Line traverses U.S. Postal Service 
Zip Codes 21532, 21539, and 21521.
    Applicants have certified that: (1) No local traffic has moved over 
the Line for at least two years; (2) any overhead traffic 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 
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 1105.7(c) and 1105.8(c) (environmental and historic report), 49 CFR 
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    Any employee of Eighteen Thirty or GCR adversely affected by the 
abandonment or discontinuance, respectively, 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,\1\ these exemptions will 
be effective on March 22, 2020, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ 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 March 2, 2020.\3\ Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by March 12, 2020, 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 

    \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 exemptions' 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 exemptions' effective 
    \3\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.

    A copy of any petition filed with the Board should be sent to 
Applicants' representative: Louis E. Gitomer, Law Offices of Louis E. 
Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue an environmental 
assessment (EA) by February 28, 2020. 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), Eighteen Thirty 
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 Eighteen Thirty's filing of a 
notice of consummation by February 21, 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: February 18, 2020.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-03489 Filed 2-20-20; 8:45 am]