[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69075-69076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25068]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 531 (Sub-No 3X)]


Pioneer Valley Railroad Company, Inc.--Abandonment Exemption--in 
Hampshire County, Mass.

    Pioneer Valley Railroad Company, Inc. (PVRR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon approximately 4.25 miles of rail line from the 
northern terminus at Coleman Road (approximate milepost 69.70 in PVRR's 
original track chart) to the southern terminus at Brickyard Road, near 
its intersection with Valley Road (approximate milepost 73.95 in PVRR's 
original track chart), in the Town of Southampton, Hampshire County, 
Mass. (the Line). The Line traverses U.S. Postal Service Zip Code 
01073.
    PVRR has certified that: (1) no local traffic has moved over the 
Line for over two years; (2) there is no overhead traffic on the Line; 
(3) no formal complaint filed by a user of rail service

[[Page 69076]]

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 
government 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,\1\ this exemption will be 
effective on December 17, 2022, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by November 25, 2022.\2\ 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 28, 2022.\3\ 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 7, 2022.
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    \1\ 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).
    \2\ 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.
    \3\ 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 531 (Sub-No. 3X), 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 
PVRR's representative, Michael S. Schneider, Doherty, Wallace, 
Pillsbury, & Murphy, P.C., One Monarch Place, 1414 Main Street, Floor 
19, Springfield, MA 01144.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PVRR 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 22, 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), PVRR 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 PVRR's filing of a notice of 
consummation by November 17, 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 14, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-25068 Filed 11-16-22; 8:45 am]
BILLING CODE 4915-01-P