[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Notices]
[Pages 68568-68569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24846]


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SURFACE TRANSPORTATION BOARD

[Docket Nos. AB 1320X and AB 1325X]


Growth Resources of Wellsboro Foundation--Abandonment Exemption--
in Tioga County, Pa.; Wellsboro & Corning Railroad, LLC--Discontinuance 
of Lease and Operation Authority--in Tioga County, Pa.

    On July 28, 2022, Growth Resources of Wellsboro Foundation (GROW) 
and Wellsboro & Corning Railroad, LLC (WCOR) (collectively, 
Applicants), jointly filed a verified notice of exemption under 49 CFR 
part 1152 subpart F--Exempt Abandonments & Discontinuances of Service 
for GROW to abandon, and WCOR to discontinue lease and operation 
authority over, an approximately 3.27-mile rail line between milepost 
0.624 and milepost 3.9 in Wellsboro, Tioga County, Pa. (the Line).\1\ 
GROW is the owner of the Line, and WCOR is the lessee of the Line. The 
Line traverses U.S. Postal Service Zip Code 16901.
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    \1\ These dockets were held in abeyance to permit the Board to 
consider issues raised by an earlier verified notice and other 
filings submitted in Docket No. AB 1320X. Those issues were 
addressed and the abeyance lifted by decision served November 9, 
2022.
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    Applicants certify that (1) during the past two years, neither of 
the Applicants has provided, or been requested to provide, local or 
overhead common carrier service over the Line; (2) no formal complaint 
filed by a user of rail service on the Line (or by a state or local 
government acting on behalf of a user or potential user) regarding 
cessation of service over the Line 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 past two years; and (3) 
the requirements at 49 CFR 1105.11 (advance notice requirements for 
environmental and historic reports), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met. Applicants also state that GROW has prepared a 
combined Environmental and Historic Report that conforms to the 
requirements of 49 CFR 1105.7 and 1105.8.
    As a condition to these exemptions, any employee adversely affected 
by the

[[Page 68569]]

abandonment and 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) has been received,\2\ the exemptions will be 
effective on December 15, 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 November 25, 2022.\4\ Petitions to reopen and requests for 
public use conditions under 49 CFR 1152.28 must be filed by December 5, 
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 exemptions' 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 exemptions' 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 Nos. AB 1320X and AB 1325X, 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 GROW's representative, Brian S. Duff, Owlett & Lewis, P.C., 
One Charles Street, P.O. Box 878, Wellsboro, PA 16901, and WCOR's 
representative, Eric M. Hocky, Clark Hill PLC, 2001 Market Street, 
Suite 2620, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    GROW 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 November 16, 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 and historic preservation 
matters must be filed within 15 days after the 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), GROW shall file 
a notice of consummation with the Board to signify that it has 
exercised the abandonment authority granted and fully abandoned the 
Line. If consummation has not been effected by GROW's filing of a 
notice of consummation by November 15, 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: November 9, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-24846 Filed 11-14-22; 8:45 am]
BILLING CODE 4915-01-P