Notice2021-16271
C&NC Railroad, LLC-Discontinuance Exemption-in Wayne and Henry Counties, Ind.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2021
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Page 40896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16271]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1093 (Sub-No. 2X)]
C&NC Railroad, LLC--Discontinuance Exemption--in Wayne and Henry
Counties, Ind.
On July 9, 2021, C&NC Railroad, LLC (C&NC), filed a petition under
49 U.S.C. 10502 for exemption from the prior approval requirements of
49 U.S.C. 10903 to discontinue service over approximately 21 miles of
rail line extending from milepost CB 5.4 at Beesons, Ind., to milepost
25.30 at New Castle, Ind., and from milepost R 0.1 to milepost R 1.16
at New Castle (the Line). The Line traverses U.S. Postal Service Zip
Codes 47327, 47357, 47362, 47366, 47331, and 47387.
C&NC states that it provides service on the Line pursuant to a
lease with Norfolk Southern Railway Company (NSR), which owns the Line.
(Pet. 1.) See also C&NC R.R.--Lease Exemption Containing Interchange
Commitment--Norfolk S. Ry., FD 35858 (STB served Nov. 5, 2014).
According to C&NC, NSR has notified C&NC that the lease is being
terminated and that NSR will resume rail operations over the Line as a
common carrier upon the discontinuance of service by C&NC. (Pet. 1.)
C&NC states that there currently is one shipper on the Line, and that
no interruption in rail service will result from the proposed
discontinuance. (Id. at 4.)
C&NC states that it has no information indicating that the Line
contains federally granted rights-of-way and, if it discovers any
information regarding federally granted rights-of-way, it will be made
available to those requesting it. (Id. at 2.) C&NC states that
discontinuance authority it seeks covers the ``entire system'' operated
by C&NC, and it therefore requests that the Board decline to impose
employee protective conditions. (Id. at 6.)
By issuance of this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by October 27, 2021.
Because this is a discontinuance proceeding and not an abandonment,
interim trail use/rail banking and public use conditions are not
appropriate. Because there will be environmental review during any
subsequent abandonment, this discontinuance does not require an
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
Any offer of financial assistance (OFA) for subsidy under 49 CFR
1152.27(b)(2) will be due no later than 120 days after the filing of
the petition for exemption, or 10 days after service of a decision
granting the petition for exemption, whichever occurs sooner.\1\
Persons interested in submitting an OFA must first file a formal
expression of intent to file an offer by August 6, 2021, indicating the
intent to file an OFA for subsidy and demonstrating that they are
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
---------------------------------------------------------------------------
\1\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
---------------------------------------------------------------------------
All filings in response to this notice must refer to Docket No. AB
1093 (Sub-No. 2X) and should be filed with the Surface Transportation
Board via e-filing on the Board's website. In addition, a copy of each
pleading must be served on C&NC's representative, William H. Stewart
III, Vuono & Gray, LLC, 310 Grant St., Suite 2310, Pittsburgh, PA
15219. Replies to the petition are due on or before August 18, 2021.
Persons seeking further information concerning discontinuance
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment and discontinuance regulations at 49 CFR part 1152.
Questions concerning environmental issues may be directed to the
Board's Office of Environmental Analysis at (202) 245-0305. Assistance
for the hearing impaired is available through the Federal Relay Service
at (800) 877-8339.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: July 26, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-16271 Filed 7-28-21; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on July 29, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.