[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58871-58872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15973]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1340X]


CG Railway, LLC--Discontinuance of Service Exemption--in New 
Orleans, La.

    On July 1, 2024, CG Railway, LLC (CGR), a Class III rail carrier, 
filed a petition under 49 U.S.C. 10502 for exemption from the prior 
approval requirements of 49 U.S.C. 10903 to discontinue service over 
approximately 3.4 miles of rail line in New Orleans, La., consisting of 
the North Yard of the Port of New Orleans (Port), including track 
numbers 1, 2, 3, 4, 5, 6, and 7, and the Elaine Street Lead between 
milepost G1.2 and milepost G2.4 (the Line). CGR states that the Line 
traverses U.S. Postal Service Zip Codes 70126 and/or 70127 and that, to 
the best of its knowledge, no stations exist on the Line.
    CGR states that it leased the Line from the Port.\1\ (Pet. 2.) 
According to CGR, rail service on the Line--which enabled interchange 
with CSX Transportation, Inc.--was commercially dependent on the use of 
the Mississippi River Gulf Outlet being navigable for deep draft 
vessels. (Id. at 1-2.) The petition states that damage caused by 
Hurricane Katrina to the Mississippi River Gulf Outlet rendered the 
Line unsuitable and uneconomic for CGR's transportation purposes, and 
the Port and CGR

[[Page 58872]]

terminated the lease by mutual agreement in August 2007. (Id. at 2.) 
CGR states that, since that date, it has not used the Line to provide 
common carrier service. (Id.) CGR explains that it is seeking 
discontinuance authority to clear the record and confirm that it does 
not have a residual common carrier obligation over the Line. (Id.)
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    \1\ See CG Ry.--Lease & Operation Exemption--Port of New 
Orleans, La., FD 34710 (STB served July 1, 2005).
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    CGR asserts that, because this proceeding would involve the 
discontinuance of common carrier service and not abandonment of the 
Line, the question of whether the Line contains any federally granted 
rights-of-way is inapplicable. (Id. at 1-2.) CGR states that any 
documentation related to federally granted rights-of-way pertaining to 
this petition in CGR's possession will be made promptly available to 
those requesting it. (Id. at 2.)
    As a condition to this exemption, any employee 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).
    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 October 18, 2024.
    Because this is a discontinuance proceeding and not an abandonment, 
interim trail use/rail banking and public use conditions are not 
appropriate. Because there will be environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy 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.\2\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by July 29, 2024, indicating the 
intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
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    \2\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    All filings in response to this notice must refer to Docket No. AB 
1340X and must be filed with the Surface Transportation Board either 
via e-filing on the Board's website or in writing addressed to 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on CGR's representative, Justin J. Marks, Clark 
Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 
20004. Replies to the petition are due on or before August 8, 2024.
    Persons seeking further information concerning discontinuance 
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 part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0294. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: July 16, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2024-15973 Filed 7-18-24; 8:45 am]
BILLING CODE 4915-01-P