[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Notices]
[Page 68115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23682]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1303X]


Somerset Railroad Corporation--Abandonment Exemption--in Niagara 
County, N.Y.

    On October 7, 2020, Somerset Railroad Corporation (SRC) filed with 
the Surface Transportation Board (Board) a petition under 49 U.S.C. 
10502 for exemption from the prior approval requirements of 49 U.S.C. 
10903 to abandon approximately 13.39 miles of rail line located in 
Niagara County, N.Y. (the Line). The Line extends from milepost 2.2 to 
a power plant located at the end of the line and traverses U.S. Postal 
Service Zip Codes 14012, 14008, 14108, and 14094. SRC states that there 
are no stations on the Line. (Pet. 5.)
    According to SRC, the Line was constructed to provide rail service 
to the Somerset power generation station, which was decommissioned as 
of March 31, 2020, and had been the sole shipper on the Line. (Pet. 1-
2.) SRC states that it last provided rail service to the power plant in 
December 2019 and that the Line cannot be used for overhead traffic 
because it is stub-ended. (Id. at 2-3.) \1\ In a letter appended as 
Exhibit D to the petition, Riesling Power LLC, which owns both SRC and 
the decommissioned power plant, states that it no longer needs rail 
service and that it supports the proposed abandonment.
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    \1\ SRC states that it is currently using the Line to move the 
power plant's coal hopper cars to be scrapped, and that SRC 
anticipates salvaging the track, rail ties, and other track 
materials following abandonment but intends to leave the bridges in 
place. (Pet. 2.)
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    SRC states that, based on the information in its possession, the 
Line does not contain federally granted rights-of-way. (Id. at 1.) Any 
documentation in SRC's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by January 25, 2021.
    Any offer of financial assistance (OFA) 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. Persons interested in 
submitting an OFA must first file a formal expression of intent to file 
an offer by November 6, 2020, 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)(1)(i).
    Following abandonment, the Line may be suitable for other public 
use, including interim trail use. Any request for a public use 
condition under 49 CFR 1152.28 or for trail use/rail banking under 49 
CFR 1152.29 will be due no later than November 16, 2020.\2\
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    \2\ 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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    All pleadings, referring to Docket No. AB 1303X, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on SRC's 
representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania 
Avenue NW, Suite 1300 South, Washington, DC 20004. Replies to the 
petition are due on or before November 16, 2020.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Office of 
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available at www.stb.gov.

    Decided: October 21, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.

Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2020-23682 Filed 10-26-20; 8:45 am]
BILLING CODE 4915-01-P