[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
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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