Cedar River Railroad Company-Discontinuance of Service Exemption-in Freeborn County, Minn

Federal Register, Volume 84 Issue 162 (Wednesday, August 21, 2019)
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Page 43643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17951]
[Docket No. AB 1288X]
Cedar River Railroad Company--Discontinuance of Service
Exemption--in Freeborn County, Minn
    Cedar River Railroad Company (CEDR) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service to discontinue service over approximately
9.3 miles of railroad line between milepost 85.0 in London Township (at
the southwestern quadrant of the intersection of County Road 107 and
Township Road 264) and milepost 94.32 at Glenville, in Freeborn County,
Minn. (the Line). The Line traverses U.S. Postal Service Zip Code
    CEDR has certified that: (1) No local has moved over the Line for
at least two years; (2) overhead traffic (to the extent there is any)
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 is pending either 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 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
    Any employee of CEDR 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). 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\ to subsidize continued rail service has
been received, this exemption will be effective on September 20,
2019,\2\ unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues must be filed by August 30, 2019,
and formal expressions of intent to file an OFA to subsidize continued
rail service under 49 CFR 1152.27(c)(2) \3\ must be filed by September
3, 2019.\4\ Petitions for reconsideration must be filed by September
10, 2019, with the Surface Transportation Board, 395 E Street SW,
Washington, DC 20423-0001.
    \1\ Persons interested in submitting an OFA to subsidize
continued rail service must first file a formal expression of intent
to file an offer, indicating the intent to file an OFA for subsidy
and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
    \2\ CEDR states that it intends to consummate the discontinuance
on or after September 1, 2019, but it may not do so prior to the
effective date of this exemption.
    \3\ The filing fee for OFAs can be found at 49 CFR
    \4\ Because this is a discontinuance proceeding and not an
abandonment, trail use/rail banking and public use conditions are
not appropriate. Because there will be an environmental review
during abandonment, this discontinuance does not require
environmental review.
    A copy of any petition filed with Board should be sent to CEDR's
representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 800, Chicago, IL 60606.
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.
    Decided: August 15, 2019.
    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-17951 Filed 8-20-19; 8:45 am]