[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Page 14175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05104]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1310X]


Northwestern Pacific Railroad Company--Discontinuance of Service 
Exemption--in Marin, Napa, and Sonoma Counties, Cal.

    On February 22, 2021, Northwestern Pacific Railroad Company (NWPCO) 
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 
the rail line extending between approximately milepost NWP 89 near the 
Sonoma-Mendocino County, Cal., border and approximately milepost SP 
63.4 at Lombard, Cal., a distance of approximately 87.65 miles, in 
Marin, Napa, and Sonoma Counties, Cal. (the Line). The Line traverses 
U.S. Postal Service Zip Codes 95448, 95425, 95492, 95441, 95439, 95403, 
95401, 95407, 94928, 94931, 94951, 94954, 94952, 94945, 94949, 94503, 
95476, and 94559.
    According to NWPCO, it provides service on the Line pursuant to a 
lease with the North Coast Railroad Authority (NCRA). See Nw. Pac. 
R.R.--Change in Operators Exemption--N. Coast R.R. Auth., FD 35073 (STB 
served Aug. 30, 2007). NWPCO states that NCRA owns the portion of the 
Line between the Sonoma-Mendocino County border and NWP milepost 68.2, 
in Healdsburg, Cal., and that NCRA has a freight rail operating 
easement on the portion of the Line between Healdsburg and Lombard, 
which is owned by Sonoma-Marin Area Rail Transit District (SMART). See 
Sonoma-Marin Area Rail Transit Dist.--Acquis. Exemption--Nw. Pac. R.R. 
Auth., FD 34400 (STB served Mar. 10, 2004). NWPCO explains that NCRA is 
expected to transfer its property interests and common carrier 
obligations on the Line to SMART, and that SMART has filed for 
acquisition authority with the Board. See Sonoma-Marin Area Rail 
Transit Dist.--Acquis. & Operation Exemption--N. Coast R.R. Auth., FD 
36481 (STB served Feb. 18, 2021). NWPCO asserts that SMART would then 
assume operations on the Line as a rail common carrier \1\ and that no 
customer on the Line would have an interruption in service as a result 
of the proposed discontinuance.
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    \1\ The petition indicates that, at least temporarily, SMART 
would engage NWPCO as SMART's contract operator on the Line.
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    NWPCO asserts that, because it is seeking discontinuance rather 
than an abandonment, the question of whether the Line contains any 
federally granted rights-of-way is inapplicable. NWPCO states, however, 
that any documentation related to title in its possession would be made 
available to those requesting it. NWPCO states that the Line over which 
it seeks discontinuance authority represents the entire scope of its 
``active rail service,'' and it therefore requests that the Board 
decline to impose labor protection conditions.\2\
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    \2\ NWPCO states that, for the immediate future, it will retain 
operating authority over a segment of rail line north of the Line 
from milepost 89 to milepost 142.5. NWPCO, however, asserts that it 
has never offered service on this portion of rail line due to an 
emergency order by the Federal Railroad Administration prohibiting 
railroad operations.
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    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 June 11, 2021.
    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 March 22, 2021, 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 
1310X and 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 NWPCO's representative, Justin J. Marks, Clark Hill 
PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. 
Replies to this petition are due on or before April 1, 2021.
    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) 245-0305. Assistance 
for the hearing impaired is available through the Federal Relay Service 
at (800) 877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 8, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-05104 Filed 3-11-21; 8:45 am]
BILLING CODE 4915-01-P