[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84452-84453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28629]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 1266 (Sub-No. 1X)]


Canonie Atlantic Co.--Abandonment Exemption--in Norfolk, Va.

    On December 8, 2020, Canonie Atlantic Co. (CAC), a Class III rail 
carrier, 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 an approximately 1.4-mile 
rail line in Norfolk, Va., between milepost 100.7 at North Junction and 
milepost 102.1 at St. Julian (the Line). The Line traverses U.S. Postal 
Service Zip Code 23504.
    CAC states it seeks to abandon the Line because it intends to sell 
the Line to the Virginia Department of Rail and Public Transportation 
(DRPT) for public use--specifically, commuter rail transportation. 
(Pet. 1.) CAC states that no freight traffic has moved over the Line in 
over two years and that the only recent use of the Line has been to 
support intercity passenger service by the National Railroad Passenger 
Corporation (Amtrak). (Id. at 1, 4.) \1\
---------------------------------------------------------------------------

    \1\ In a related docket, a verified notice of exemption has been 
filed for BCR to discontinue its operations over the Line, as well 
as over an adjacent line owned by Norfolk Southern Railway Company 
between milepost 100.7 and milepost 100.3. See Cassatt Mgmt., LLC--
Discontinuance of Serv. Exemption--in Norfolk, Va., Docket No. AB 
1267 (Sub-No. 1X).
---------------------------------------------------------------------------

    In addition to an exemption from 49 U.S.C. 10903, CAC also seeks an 
exemption from the offer of financial assistance procedures of 49 
U.S.C. 10904. In support, CAC argues that there is no overriding public 
need for freight rail service on the Line and that the right-of-way is 
needed for a valid public purpose, i.e., DRPT's plans to utilize the 
Line to facilitate Amtrak passenger rail service. (Pet. 6.) This 
request will be addressed in the final decision.
    CAC states that, based on the information in its possession, the 
Line does not contain federally granted rights-of-way. Any 
documentation in

[[Page 84453]]

CAC's possession will be made available 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 26, 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 January 7, 2021, 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 19, 2021.\2\
---------------------------------------------------------------------------

    \2\ CAC states that, because it plans to sell the Line to DRPT, 
it is unwilling to negotiate for interim trail use. (Pet. 8.) 
Nevertheless, filing fees for OFAs and trail use requests can be 
found at 49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 1266 (Sub-No. 1X), 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 
CAC's representative, Eric M. Hocky, Clark Hill, PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. Replies to 
the petition are due on or before January 19, 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 21, 2020.
    By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-28629 Filed 12-23-20; 8:45 am]
BILLING CODE 4915-01-P