[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64303-64304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23069]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 603 (Sub-No. 5X)]


V and S Railway, LLC--Abandonment Exemption--in Franklin County, 
Mo.

    V and S Railway, LLC (V&S) has filed a verified notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon an 
approximately 9.71-mile segment of rail line in Franklin County, Mo., 
between approximately 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.
    V&S has certified that: (1) no local traffic has moved over the 
Line for at least two years; \1\ (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.
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    \1\ V&S states that it never provided service over the Line. V&S 
further states that it acquired the Line subject to a lease with 
Central Midland Railway Company (CMRC), and that in March 2022, CMRC 
received an exemption to discontinue its operations over the Line. 
Cent. Midland Ry.--Discontinuance of Serv. Exemption--in Franklin 
Cnty., Mo., AB 1070 (Sub-No. 4X) (STB served Mar. 18, 2022). V&S 
notes that in CMRC's discontinuance filing, CMRC certified that no 
local service has moved over the Line in over two years.
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    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.

[[Page 64304]]

    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received,\2\ this exemption will be 
effective on November 23, 2022,\3\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\4\ 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 3, 2022.\5\ Petitions to reopen and 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 14, 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\ V&S states that it intends to consummate the abandonment of 
the Line on or after November 17, 2022. V&S may not abandon the Line 
before the exemption becomes effective.
    \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 603 (Sub-No. 5X), 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 
V&S's representative, Eric M. Hocky, Clark Hill, PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    V&S 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 28, 2022. 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 or historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.
    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), V&S 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 V&S's filing a notice of 
consummation by October 24, 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: October 19, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-23069 Filed 10-21-22; 8:45 am]
BILLING CODE 4915-01-P