[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Page 40896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16271]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1093 (Sub-No. 2X)]


C&NC Railroad, LLC--Discontinuance Exemption--in Wayne and Henry 
Counties, Ind.

    On July 9, 2021, C&NC Railroad, LLC (C&NC), 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 21 miles of 
rail line extending from milepost CB 5.4 at Beesons, Ind., to milepost 
25.30 at New Castle, Ind., and from milepost R 0.1 to milepost R 1.16 
at New Castle (the Line). The Line traverses U.S. Postal Service Zip 
Codes 47327, 47357, 47362, 47366, 47331, and 47387.
    C&NC states that it provides service on the Line pursuant to a 
lease with Norfolk Southern Railway Company (NSR), which owns the Line. 
(Pet. 1.) See also C&NC R.R.--Lease Exemption Containing Interchange 
Commitment--Norfolk S. Ry., FD 35858 (STB served Nov. 5, 2014). 
According to C&NC, NSR has notified C&NC that the lease is being 
terminated and that NSR will resume rail operations over the Line as a 
common carrier upon the discontinuance of service by C&NC. (Pet. 1.) 
C&NC states that there currently is one shipper on the Line, and that 
no interruption in rail service will result from the proposed 
discontinuance. (Id. at 4.)
    C&NC states that it has no information indicating that the Line 
contains federally granted rights-of-way and, if it discovers any 
information regarding federally granted rights-of-way, it will be made 
available to those requesting it. (Id. at 2.) C&NC states that 
discontinuance authority it seeks covers the ``entire system'' operated 
by C&NC, and it therefore requests that the Board decline to impose 
employee protective conditions. (Id. at 6.)
    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 October 27, 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.\1\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by August 6, 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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    \1\ 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 
1093 (Sub-No. 2X) 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 C&NC's representative, William H. Stewart 
III, Vuono & Gray, LLC, 310 Grant St., Suite 2310, Pittsburgh, PA 
15219. Replies to the petition are due on or before August 18, 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: July 26, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-16271 Filed 7-28-21; 8:45 am]
BILLING CODE 4915-01-P