[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 24084-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07299]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1339X]


Walkersville Southern Railroad, Inc.--Discontinuance of Service 
Exemption--in Frederick County, Md.

    Walkersville Southern Railroad, Inc. (WSRR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
an approximately 2.21-mile rail line known as the Frederick Secondary 
Track extending between milepost 65.17, valuation station 3442+61.4 and 
milepost 67.38, valuation station 3560+00 north of the City of 
Frederick, in Frederick County, Md (the Line).\1\ The Line traverses 
U.S. Postal Service Zip Codes 21705 and 21793.
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    \1\ The Interstate Commerce Commission (ICC), the Board's 
predecessor, authorized WSRR to operate the Line in 1993. The Line 
is owned by the Maryland Transit Administration, on behalf of the 
State of Maryland. See Walkersville So. R.R.--Operation Exemption--
Line Owned by the State of Md., Docket No. FD 32329 (ICC served 
Sept. 30, 1993).
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    WSRR has certified that: (1) no local traffic has moved over the 
Line for at least two years; (2) no overhead traffic will need to be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the Line (or 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 or 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 1105.12 (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 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) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on May 5, 2024, unless 
stayed pending reconsideration Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \3\ must be 
filed by April 15, 2024. Petitions for reconsideration must be filed by 
April 25, 2024.
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    \2\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    No environmental review is required here where the underlying 
right-of-way was previously abandoned and where there is no indication 
that the discontinuance will result in potentially significant 
environmental impacts.\4\ See 49 CFR 1105.6(c)(1).
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    \4\ See City of Peoria--Discontinuance of Serv. Exemption--
Peoria Cnty, Ill., AB 1066 (Sub-No. 3X) (STB served June 5, 2023). 
The ICC and the parties treated the Line as abandoned when WSRR 
received operating authority. See Walkersville So. R.R.--Operation 
Exemption--Line Owned by the State of Md., FD 32329, slip op. at 1 
n.1 (ICC served Sept. 30, 1993).

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[[Page 24085]]

    On March 18, 2024, Frederick County, Md. (Frederick County), filed 
a request for a notice of interim trail use or abandonment (NITU) to 
negotiate with CSXT to establish interim trail use and rail banking for 
the Line, under the National Trails System Act, 16 U.S.C. 1247(d). Also 
on March 18, MTA filed a letter agreeing to negotiate with MTA toward a 
possible interim trail use/rail banking arrangement for the Line. 
Frederick County's request will be addressed in a subsequent Board 
decision.
    All pleadings, referring to Docket No. AB 1339X, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. 
Additionally, a copy of each pleading filed with the Board must be sent 
to WSRR's representative, Wayne Kirchhof, President, Walkersville 
Southern Railroad, Inc., 34 West Pennsylvania Avenue, Walkersville, MD 
21793.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: April 2, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-07299 Filed 4-4-24; 8:45 am]
BILLING CODE 4915-01-P