80 FR 64491 - Caldwell Railroad Commission-Abandonment Exemption-in Caldwell County, NC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 205 (October 23, 2015)

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64491-64492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27142]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1112X]


Caldwell Railroad Commission--Abandonment Exemption--in Caldwell 
County, NC

    Caldwell Railroad Commission (CRC) has filed an amended verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments to abandon an approximately 3.91-mile rail segment 
extending between milepost 108.79 and milepost 112.7 in Caldwell 
County, N.C. (the Line).\1\ The

[[Page 64492]]

Line traverses United States Postal Service Zip Code 28645.
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    \1\ CRC previously filed a verified notice of exemption that was 
dismissed as moot, because CRC's predecessor had obtained a 49 
U.S.C. Subtitle IV exemption over the relevant portion of the Line, 
which encompassed authority to abandon the Line. Caldwell R.R. 
Comm'n--Aban. Exemption--in Caldwell Cty., N.C., AB 1112X (STB 
served May 22, 2015). CRC subsequently obtained a partial revocation 
of that Subtitle IV exemption, which allows CRC to pursue 
abandonment authority. Caldwell R.R. Comm'n--Exemption from 49 
U.S.C. Subtitle IV, FD 32659 (Sub-No. 2) (STB served Sept. 8, 2015).
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    CRC has certified that: (1) No freight traffic has moved over the 
Line for at least two years; (2) any overhead traffic over the Line can 
and has been 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 is 
either pending with the Surface Transportation Board (Board) or with 
any U.S. District Court or has been decided in favor of complainant 
within the two-year period; and (4) the requirements at 49 CFR 
1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 
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 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, this exemption will be 
effective on November 24, 2015, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by November 2, 2015. Petitions to reopen or requests for public 
use \4\ conditions under 49 CFR 1152.28 must be filed by November 12, 
2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \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\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \4\ CRC states that the Line may be suitable for other public 
purposes or trail use, but may be subject to reversionary interests.
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    A copy of any petition filed with the Board should be sent to CRC's 
representative: David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CRC has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by October 
30, 2015. Interested persons may obtain a copy of the EA by writing to 
OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-
0001) or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Information Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the 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), CRC 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 CRC's filing of a notice of 
consummation by October 23, 2016, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 20, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-27142 Filed 10-22-15; 8:45 am]
 BILLING CODE 4915-01-P