[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Page 31056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10876]



[[Page 31056]]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1305X]


North Coast Railroad Authority--Abandonment Exemption--in 
Mendocino, Trinity, and Humboldt Counties, Cal.

    North Coast Railroad Authority (NCRA) \1\ filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to abandon 175.84 miles of rail line 
extending between milepost 139.5, near Willits, and milepost 284.1, 
near Eureka, including appurtenant branch lines extending to milepost 
267.72 near Carlotta, milepost 295.57 near Korblex, milepost 300.5 near 
Samoa, and milepost 301.8 near Korbel, in Mendocino, Trinity and 
Humboldt Counties, Cal.\2\ The line traverses the following U.S. Postal 
Service Zip Codes: 95429, 95595, 95454, 95542, 95560, 95559, 95553, 
95571, 95569, 95565, 95562, 95540, 95551, 95537, 95564, 95524, 95521, 
95519, 95525, 95521, 95524, 95501, 95503, 95526, 95514, 95511, and 
95490.
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    \1\ NCRA notes that the State of California has changed NCRA's 
name to Great Redwood Trail Agency, effective March 1, 2022. (NCRA 
Letter 6, Jan. 10, 2022.)
    \2\ NCRA's verified notice describes the line sought to be 
abandoned as including the Arcata & Mad River subsidiary, between 
milepost 295.57, near Korblex, and milepost 301.8, near Korbel, a 
distance of approximately 6.23 miles. (Verified Notice 1 n.1.) The 
verified notice, however, expresses uncertainty about the Board's 
jurisdiction over the Arcata & Mad River subsidiary, (id. at 1 n.1 & 
Ex. B), and, by decision served on June 9, 2021, the Board held this 
proceeding in abeyance to permit consideration of that question. By 
decision served on May 17, 2022, the Board determined that 
abandonment of the Arcata & Mad River subsidiary had previously been 
consummated, removing that segment from the Board's jurisdiction. 
Therefore, the line that NCRA seeks to abandon is, hereinafter, 
defined to consist of 169.61 miles extending between milepost 139.5, 
near Willits and milepost 284.1, near Eureka, including appurtenant 
branch lines extending to milepost 267.72 near Carlotta, milepost 
295.57 near Korblex, and milepost 300.5 near Samoa (the Line).
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    NCRA has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) there is no overhead traffic so none 
needs 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 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 abandonment, any employee of NCRA 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,\3\ the exemption will be 
effective on June 19, 2022, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \4\ must be 
filed by May 27, 2022; 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 May 31, 2022.\5\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by June 9, 2022.
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    \3\ 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).
    \4\ 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.
    \5\ 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 1305X, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading filed with the Board 
must be served on NCRA's representative, Charles H. Montange, Law 
Offices of Charles H. Montange, 426 NW 162nd Street, Seattle, WA 98177.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NCRA 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 issued a Draft Environmental 
Assessment (EA) on June 8, 2021, but that Draft EA has been rescinded. 
OEA will issue a Corrected Draft EA by May 25, 2022. The Corrected 
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 Corrected 
Draft EA becomes available to the public.
    Environmental, historic preservation, public use, or interim 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), NCRA 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 NCRA's filing of a notice of 
consummation by May 20, 2023, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.\6\
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    \6\ In a separate docket, NCRA filed a petition seeking 
exemptions from certain statutory provisions and waivers of certain 
regulatory requirements regarding a proposed third-party, or 
``adverse,'' application for discontinuance of Northwestern Pacific 
Railway Company's operating rights over a portion of the Line, and 
the Board granted, in part, the petition for exemptions and waivers. 
See N. Coast R.R.--Adverse Discontinuance of Lease & Operating 
Auth.--Nw. Pac. R.R., AB 1313 (STB served Mar. 4, 2022). NCRA may 
not consummate this abandonment until all operating authority on the 
Line has been terminated. See, e.g., BNSF Ry.--Aban. Exemption--in 
Flathead Cnty., Mont., AB 6 (Sub-No. 495X) (STB served Aug. 14, 
2017).
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    Board decisions and notices are available at www.stb.gov.

    Decided: May 17, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-10876 Filed 5-19-22; 8:45 am]
BILLING CODE 4915-01-P