[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Page 85717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26953]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1336X]


Katahdin Railcar Services LLC--Discontinuance of Service 
Exemption--in Monroe County, Ohio

    On November 20, 2023, Katahdin Railcar Services LLC (KRS), 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 12.2 miles of rail line in Monroe County, 
Ohio, extending between milepost 60.5 near Powhatan Point, Ohio, and 
milepost 72.7 near Hannibal, Ohio (the Omal Line). The Omal Line 
traverses U.S. Postal Service Zip Codes 43942 and 43915. The Omal Line 
includes the following stations: Omal, Clarington, and Powhatan Point.
    KRS states that it was authorized to operate the Omal Line pursuant 
to a lease with the Omal Line's former owner, Ohio River Partners 
Shareholder LLC (ORPS), in 2020.\1\ (Pet. 1.) According to KRS, in 2023 
East Ohio Valley Railway LLC (EOVR) obtained Board authority to acquire 
the Omal Line from ORPS and operate it.\2\ KRS states that, pursuant to 
that authority, EOVR acquired the Omal Line and commenced operations as 
of October 1, 2023, at which time KRS's lease was terminated. (Id. at 
1-2.) As such, KRS states that it now seeks authority to discontinue 
its operations and end its common carrier obligation with respect to 
the Omal Line. (Id.) According to KRS, the proposed discontinuance 
would not leave any Omal Line customer without access to railroad 
common carrier service, as all customers now have service via EOVR. 
(Id.)
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    \1\ See Fortress Invest. Grp. LLC--Exemption for Intra-Corp. 
Fam. Transaction--Ohio River Partners S'holder LLC, Docket No. FD 
36402 (STB served May 15, 2020); see also Katahdin Railcar Servs. 
LLC--Change in Operators Exemption--Ohio Terminal Ry., Docket No. FD 
36487 (STB served March 30, 2021).
    \2\ See E. Ohio Valley Ry.--Acquis. & Operation Exemption--Ohio 
River Partners S'holder LLC, Docket No. FD 36682 (STB served March 
31, 2023).
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    KRS states that, based on the information in its possession, the 
Omal Line does not contain federally granted rights-of-way and that any 
documentation in its possession will be made available to those 
requesting it. (Id. at 3.)
    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 March 8, 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.\3\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by December 18, 2023, 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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    \3\ 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 
1336X 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 KRS's representative, Terence M. Hynes, 
Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. Replies to 
the petition are due on or before December 28, 2023.
    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 accommodation under the Americans with Disabilities Act, please 
call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Dated: December 1, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-26953 Filed 12-7-23; 8:45 am]
BILLING CODE 4915-01-P