[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16372]



[[Page 41533]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1310 (Sub-No. 1X)]


Northwestern Pacific Railroad Company--Discontinuance of Service 
Exemption--in Mendocino County, Cal.

    Northwestern Pacific Railroad Company (NWPCO) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
an approximately 53.5-mile rail line extending between approximately 
milepost NWP 142.5 near Outlet Station and approximately milepost NWP 
89 near the Sonoma-Mendocino County, Cal., border in Mendocino County, 
Cal. (the Line).\1\ The Line traverses U.S. Postal Service Zip Codes 
95490, 95470, 95482, 95449, and 95425.
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    \1\ According to NWPCO, it holds common carrier authority to 
operate over the Line pursuant to a lease agreement 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). NCRA has filed a verified notice of exemption to abandon 
175.84 miles of rail line, including an approximately three-mile 
segment of the Line between milepost 139.5 and milepost 142.5. See 
NCRA, Notice of Exemption 1, N. Coast R.R.--Aban. Exemption--in 
Mendocino, Trinity & Humboldt Cntys., Cal., AB 1305X.
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    NWPCO has certified that: (1) It has handled no local traffic over 
the Line for at least two years; \2\ (2) it has not handled overhead 
traffic on the Line and there is no potential overhead traffic that 
would need to be rerouted; (3) no formal complaint filed by a user of 
rail service on the Line (or a state or local government entity acting 
on behalf of such user) regarding cessation of service over the Line 
either is pending with the Surface Transportation Board or any U.S. 
District Court or has been decided in favor of a complainant within the 
two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper 
publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) 
have been met.
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    \2\ NWPCO states that it has never offered service on the Line 
due to Emergency Order 21 issued by the Federal Railroad 
Administration prohibiting railroad operations since 1998.
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    The verified notice states that the Line ``comprises the entirety 
of NWPCO's remaining common carrier operating authority.'' \3\ Where, 
as here, the carrier is discontinuing service over its entire system, 
the Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) a 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Honey Creek R.R.--Aban. 
Exemption--in Henry Cnty., Ind., AB 865X (STB served Aug. 20, 2004); 
Northampton & Bath R.R.--Aban. near Northampton & Bath Junction in 
Northampton Cnty., Pa., 354 I.C.C. 784 (1978); Wellsville, Addison & 
Galeton R.R.--Aban. of Entire Line in Potter & Tioga Cntys., Pa., 354 
I.C.C. 744 (1978). According to NWPCO, it does not have a corporate 
affiliate that has similar rail operations, and there is no corporate 
parent that will benefit from the proposed discontinuance. Therefore, 
employee protection conditions will not be imposed.
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    \3\ NWPCO states that it previously discontinued operations over 
a connecting rail line segment between milepost NWP 89 and milepost 
SP 63.4. See Nw. Pac. R.R.--Discontinuance of Serv. Exemption--in 
Marin, Napa, & Sonoma Cntys., Cal., AB 1310X (STB served June 11, 
2021).
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    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) \4\ to subsidize continued rail service has 
been received, this exemption will be effective on September 1, 2021, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 
\5\ must be filed by August 12, 2021.\6\ Petitions for reconsideration 
must be filed by August 23, 2021.
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    \4\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \5\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \6\ 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 an 
environmental review during abandonment, this discontinuance does 
not require environmental review.
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    All pleadings, referring to Docket No. AB 1310 (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 filed with the 
Board must be served on NWPCO's representative, Justin J. Marks, Clark 
Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 
20004.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: July 27, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2021-16372 Filed 7-30-21; 8:45 am]
BILLING CODE 4915-01-P