[Federal Register Volume 90, Number 158 (Tuesday, August 19, 2025)]
[Notices]
[Pages 40460-40461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15714]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1344X]
Colorado Pacific Rio Grande Railroad LLC--Abandonment Exemption--
in Rio Grande County, Colo.
Colorado Pacific Rio Grande Railroad LLC (CXRG) has filed a
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments to abandon an approximately 26.55-mile segment of its
Alamosa Subdivision between milepost 272.75, near Monte Vista, Colo.,
and milepost 299.3, near Derrick, Colo., both in Rio Grande County,
Colo. (the Line).\1\ The Line traverses U.S. Postal Service Zip Codes
81154, 81132, and 81144.
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\1\ CXRG initially submitted its verified notice on July 1,
2025. On July 15, 2025, CXRG filed a motion asking the Board to hold
the proceeding in abeyance so that it could correct certain errors
concerning the description of the Line. CXRG's request was granted
on July 16, 2025. On July 22, 2025, CXRG submitted an updated
verified notice. It then supplemented that notice on July 30, 2025,
due to an error concerning the description of the Line in the
newspaper. See 49 CFR 1105.12. The abeyance is lifted, and July 30,
2025, will be considered the filing date of the verified notice.
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CXRG has certified that: (1) no local traffic has moved over the
Line for at least two years; (2) no overhead traffic could be or was
previously handled on the Line; (3) no formal complaint filed by a user
of rail service on the Line (or by a state or local government on
behalf of such user) regarding cessation of service over the Line is
pending with either the Surface Transportation Board (Board) or any
U.S. District Court or has been decided in favor of a complainant
within the past two years; and (4) the requirements at 49 CFR 1105.7(b)
and
[[Page 40461]]
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,\2\ this exemption will be
effective on September 18, 2025, 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/railbanking requests under 49 CFR 1152.29 must be
filed by August 29, 2025.\4\ Petitions to reopen and requests for
public use conditions under 49 CFR 1152.28 must be filed September 8,
2025.
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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 1344X, 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
CXRG's representative, Thomas W. Wilcox, Law Office of Thomas W.
Wilcox, LLC, 1629 K Street NW, Suite 300, Washington, DC 20006.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CXRG 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 August 22, 2025. 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. If you require an
accommodation under the Americans with Disabilities Act, please call
(202) 245-0245. 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/
railbanking conditions will be imposed, where appropriate, in a
subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), CXRG 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 CXRG's filing of a notice of
consummation by August 19, 2026, 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 12, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2025-15714 Filed 8-18-25; 8:45 am]
BILLING CODE 4915-01-P