[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58995-58996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23162]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 646 (Sub-No. 1X)]


Atlantic and Western Railway, Limited Partnership--Abandonment 
Exemption--in Lee County, NC

    Atlantic and Western Railway, Limited Partnership (ATW), has filed 
a verified notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon a rail line between approximately milepost 2.71 
and milepost 3.76 in Sanford, NC (the Line). There are no stations on 
the Line. The Line traverses U.S. Postal Service Zip Codes 27330 and 
27332.
    ATW has certified that: (1) No local traffic has moved over the 
Line since 2016; (2) because the Line is not a through line, there is 
no overhead traffic on the Line that would need to be rerouted; (3) no 
formal complaint filed by a user of rail service on the Line (or by 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 (Board) or with 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 1105.7(b) and 1105.8(c) (notice of 
environmental and historic reports), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received,\1\ this exemption will be 
effective on November 24, 2021, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by November 4, 2021.\3\ Petitions to reopen or requests for 
public use conditions under 49 CFR 1152.28 must be filed by November 
15, 2021.
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    \1\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, 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)(2)(i).
    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemption's effective 
date.
    \3\ 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 646 (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 
ATW's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    ATW has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by October 29, 2021. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0294. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.

[[Page 58996]]

    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), ATW shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by ATW's filing of a notice of 
consummation by October 25, 2022, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: October 19, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-23162 Filed 10-22-21; 8:45 am]
BILLING CODE 4915-01-P