[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Page 82027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27718]



[[Page 82027]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1300X]


Cattaraugus Local Development Corp.--Abandonment Exemption--in 
Cattaraugus County, N.Y.

    Cattaraugus Local Development Corp. (CLDC) has filed with the 
Surface Transportation Board (Board) a petition under 49 CFR 10502 for 
exemption from the prior approval requirements of 49 U.S.C. 10903 to 
abandon \1\ approximately 12.14 miles of rail line extending from 
milepost 426.5, in the Town of New Albion, to the city line of the City 
of Salamanca in the Town of Salamanca, which is near milepost 414.1,\2\ 
in Cattaraugus County, N.Y. (the Line).\3\
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    \1\ CLDC originally submitted a petition for declaratory order 
on March 4, 2020, requesting that the Board declare that the Line 
has been abandoned pursuant to 49 U.S.C. 10502, or, in the 
alternative, that CLDC may satisfy the requirements for an exempt 
abandonment pursuant to 49 U.S.C. 10502. By decision served on 
August 5, 2020, the Board docketed CLDC's petition under Docket No. 
AB 1300X for consideration under the Board's abandonment exemption 
procedures. Cattaraugus Local Dev. Corp.--Pet. for Declaratory 
Order, FD 36389, et al. (STB served Aug. 5, 2020). However, because 
CLDC had not obtained Board authority when it acquired the Line in 
2000, the abandonment proceeding was held in abeyance to permit CLDC 
to seek authority after-the-fact for the acquisition. Id. at 3. CLDC 
did so, and the acquisition exemption became effective on October 8, 
2020. See Cattaraugus Local Dev. Corp.--Acquis. Exemption--Rail Line 
in Cattaraugus Cnty., N.Y., FD 36435 (STB served Sept. 24, 2020). In 
this abandonment docket, CLDC filed its environmental and historic 
report in on November 16, 2020, and a supplemental certificate of 
service on November 27, 2020. By publication of this notice, the 
abandonment proceeding is removed from abeyance, and the petition 
for exemption is deemed to have been filed on November 27, 2020.
    \2\ In the acquisition docket, CLDC noted that milepost 414.1 is 
the closest mile marker to the southern boundary of the Line but 
``the actual [m]ilepost, if it existed,'' would be milepost 414.36. 
CLDC Suppl., Sept. 8, 2020, Cattaraugus Local Dev. Corp.--Acquis. 
Exemption--Rail Line in Cattaraugus Cnty., N.Y., FD 36435.
    \3\ CLDC states that the Line has not been operational since at 
least 2000. (CLDC Pet. 5-6.)
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    CLDC states that, based on information in its possession, the Line 
does not contain federally granted rights-of-way. Any documentation in 
CLDC'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 March 17, 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 December 28, 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 interim trail use/rail banking 
under 49 CFR 1152.29 will be due no later than January 6, 2021.\4\
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    \4\ 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 1300X, 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 CLDC's 
representative, Robert J. McLaughlin, McLaughlin Law, P.C., 90 State 
Street, Suite 700, Albany, NY 12207. Replies to the petition are due on 
or before January 6, 2021.
    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: December 11, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-27718 Filed 12-16-20; 8:45 am]
BILLING CODE 4915-01-P