[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Page 15484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05741]



[[Page 15484]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1070 (Sub-No. 4X)]


Central Midland Railway Company--Discontinuance of Service 
Exemption--in Franklin County, Mo.

    Central Midland Railway Company (CMRC) 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 
9.71-mile rail line in Franklin County, Mo., between milepost 61.89 at 
Union and milepost 71.6 at Beaufort (the Line). The Line traverses U.S. 
Postal Service Zip Codes 63013 and 63084.
    CMRC has certified that: (1) No local traffic has moved over the 
Line for at least two years; \1\ (2) any overhead traffic can be 
rerouted over other lines; (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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    \1\ CMRC states that, although it has used the Line within the 
past two years for car storage for off-line shippers, such usage 
does not constitute traffic for purposes of qualification for the 
class exemption under 49 CFR 1152.50(b), citing Union Pacific 
Railroad--Abandonment Exemption--in Ada County, Idaho, Docket No. AB 
33 (Sub-No. 137X), slip op. at 3 (STB served Aug. 6, 1999) (``It is 
well settled that use of a rail line to store rail cars for the 
convenience of off-line shippers or the railroad is not traffic 
originating or terminating on the line within the meaning of 49 CFR 
1152.50(b).'').
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on April 17, 2022, 
unless stayed pending reconsideration.\3\ 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) 
\4\ must be filed by March 28, 2022.\5\ Petitions for reconsideration 
must be filed by April 7, 2022.
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    \2\ 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).
    \3\ CMRC states that it intends to consummate the discontinuance 
of the Line after April 19, 2022.
    \4\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \5\ 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 1070 (Sub-No. 4X), should 
be filed with the Surface Transportation Board via e-filing on the 
Board's website. Additionally, a copy of each pleading filed with Board 
must be sent to CMRC's representative, Audrey E. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    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: March 15, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2022-05741 Filed 3-17-22; 8:45 am]
BILLING CODE 4915-01-P