[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Page 13696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04736]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1296X]; [Docket No. AB 875 (Sub-No. 1X)]
R.J. Corman Railroad Property, LLC--Abandonment Exemption--in
Scott, Campbell, and Anderson Counties, Tenn.; R.J. Corman Railroad
Company/Bardstown Line--Discontinuance Exemption--in Scott, Campbell,
and Anderson Counties, Tenn.
R.J. Corman Railroad Property, LLC (RJC Railroad Property) and R.J.
Corman Railroad Company/Bardstown Line (RJCR) (collectively,
applicants) have jointly filed a verified notice of exemption under 49
CFR part 1152 subpart F--Exempt Abandonments and Discontinuances of
Service for RJC Railroad Property to abandon, and for RJCR to
discontinue service over, a railroad line extending from milepost 0.95
at or near Oneida, Tenn., to the end of the line at milepost 42.0 at or
near Devonia, Tenn., a distance of approximately 41.05 miles in Scott,
Campbell, and Anderson Counties, Tenn. (the Line). The Line traverses
U.S. Postal Service Zip Codes 37841, 37755, 37847, 37756, 37714, and
37710.
Applicants have certified that: (1) No local traffic has moved over
the Line for at least two years; (2) there is and can be no overhead
traffic on the Line that would have to be rerouted over other lines, as
the Line 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 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
and 1105.8 (environmental and historic report), 49 CFR 1105.12
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment or 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) has been received,\1\ these exemptions will
be effective on April 8, 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 19, 2020.\3\ Petitions to reopen or requests for public
use conditions under 49 CFR 1152.28 must be filed by March 30, 2020,
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 exemptions' effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request to stay should be filed as soon as possible so that the
Board may take appropriate action before the exemptions' 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
applicants' representative, David R. Irvin, Irvin Rigsby PLC, 110 N.
Main St., Nicholasville, KY 40356.
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 and
discontinuance on the environment and historic resources. OEA will
issue an environmental assessment (EA) by March 13, 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), RJC Rail
Property 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 RJC Rail Property's
filing of a notice of consummation by March 9, 2021, 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: March 4, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-04736 Filed 3-6-20; 8:45 am]
BILLING CODE 4915-01-P