[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Page 47816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16725]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 167 (Sub-No. 1195X)]


Consolidated Rail Corporation--Abandonment Exemption--in 
Schuylkill & Carbon Counties, Pa.

    Consolidated Rail Corporation (Conrail) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon a railroad line known as the Tresckow Branch, which runs 
between milepost 0.0 and milepost 7.7 in the Township of Kline in 
Schuylkill County, Pa., and the Townships of Packer and Banks in Carbon 
County, Pa. (the Line).\1\ The Line traverses U.S. Postal Service Zip 
Codes 18237 and 18255.
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    \1\ Conrail submitted its verified notice of exemption on 
November 12, 2021. However, by decision served December 2, 2021, the 
effective date of the notice of exemption was postponed and Conrail 
was directed to submit supplemental information addressing the 
status of the Line. Conrail filed supplements on January 18, 2022, 
and January 27, 2022. Additional information can be found in the 
decision served on August 4, 2022, in this proceeding.
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    Conrail has certified that: (1) no local traffic has moved over the 
Line in the past two years; (2) any overhead traffic could be rerouted 
over other lines; (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,\2\ this exemption will be 
effective on September 3, 2022, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ 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 August 15, 2022.\4\ Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 24, 2022.
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    \2\ 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).
    \3\ 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.
    \4\ 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 167 (Sub-No. 1195X), 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 must be 
served on Conrail's representative, Michael L. Rosenthal, Covington & 
Burling, LLP, One CityCenter, 850 Tenth Street NW, Washington, DC 
20001-4956.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Conrail 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 served a Draft Environmental 
Assessment (Draft EA) on December 7, 2021, and solicited public 
comments. Following the close of the public comment period, OEA issued 
a Final EA on December 27, 2021, and a Supplemental Final EA on January 
19, 2022. The Draft EA, Final EA, and Supplemental Final EA are 
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.
    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), Conrail 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 Conrail's filing of a notice of 
consummation by August 4, 2023, 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: August 1, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2022-16725 Filed 8-3-22; 8:45 am]
BILLING CODE 4915-01-P