Notice2021-16372
Northwestern Pacific Railroad Company-Discontinuance of Service Exemption-in Mendocino County, Cal.
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
August 2, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16372]
[[Page 41533]]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1310 (Sub-No. 1X)]
Northwestern Pacific Railroad Company--Discontinuance of Service
Exemption--in Mendocino County, Cal.
Northwestern Pacific Railroad Company (NWPCO) 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 53.5-mile rail line extending between approximately
milepost NWP 142.5 near Outlet Station and approximately milepost NWP
89 near the Sonoma-Mendocino County, Cal., border in Mendocino County,
Cal. (the Line).\1\ The Line traverses U.S. Postal Service Zip Codes
95490, 95470, 95482, 95449, and 95425.
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\1\ According to NWPCO, it holds common carrier authority to
operate over the Line pursuant to a lease agreement with the North
Coast Railroad Authority (NCRA). See Nw. Pac. R.R.--Change in
Operators Exemption--N. Coast R.R. Auth., FD 35073 (STB served Aug.
30, 2007). NCRA has filed a verified notice of exemption to abandon
175.84 miles of rail line, including an approximately three-mile
segment of the Line between milepost 139.5 and milepost 142.5. See
NCRA, Notice of Exemption 1, N. Coast R.R.--Aban. Exemption--in
Mendocino, Trinity & Humboldt Cntys., Cal., AB 1305X.
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NWPCO has certified that: (1) It has handled no local traffic over
the Line for at least two years; \2\ (2) it has not handled overhead
traffic on the Line and there is no potential overhead traffic that
would need to be rerouted; (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.
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\2\ NWPCO states that it has never offered service on the Line
due to Emergency Order 21 issued by the Federal Railroad
Administration prohibiting railroad operations since 1998.
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The verified notice states that the Line ``comprises the entirety
of NWPCO's remaining common carrier operating authority.'' \3\ Where,
as here, the carrier is discontinuing service over its entire system,
the Board does not normally impose labor protection under 49 U.S.C.
10502(g), unless the evidence indicates the existence of: (1) a
corporate affiliate that will continue substantially similar rail
operations; or (2) a corporate parent that will realize substantial
financial benefits over and above relief from the burden of deficit
operations by its subsidiary railroad. See Honey Creek R.R.--Aban.
Exemption--in Henry Cnty., Ind., AB 865X (STB served Aug. 20, 2004);
Northampton & Bath R.R.--Aban. near Northampton & Bath Junction in
Northampton Cnty., Pa., 354 I.C.C. 784 (1978); Wellsville, Addison &
Galeton R.R.--Aban. of Entire Line in Potter & Tioga Cntys., Pa., 354
I.C.C. 744 (1978). According to NWPCO, it does not have a corporate
affiliate that has similar rail operations, and there is no corporate
parent that will benefit from the proposed discontinuance. Therefore,
employee protection conditions will not be imposed.
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\3\ NWPCO states that it previously discontinued operations over
a connecting rail line segment between milepost NWP 89 and milepost
SP 63.4. See Nw. Pac. R.R.--Discontinuance of Serv. Exemption--in
Marin, Napa, & Sonoma Cntys., Cal., AB 1310X (STB served June 11,
2021).
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Provided no formal expression of intent to file an offer of
financial assistance (OFA) \4\ to subsidize continued rail service has
been received, this exemption will be effective on September 1, 2021,
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)
\5\ must be filed by August 12, 2021.\6\ Petitions for reconsideration
must be filed by August 23, 2021.
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\4\ 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).
\5\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
\6\ 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 an
environmental review during abandonment, this discontinuance does
not require environmental review.
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All pleadings, referring to Docket No. AB 1310 (Sub-No. 1X) should
be filed with the Surface Transportation Board via e-filing on the
Board's website. In addition, a copy of each pleading filed with the
Board must be served on NWPCO's representative, Justin J. Marks, Clark
Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC
20004.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: July 27, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2021-16372 Filed 7-30-21; 8:45 am]
BILLING CODE 4915-01-P
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