Notice2022-10876
North Coast Railroad Authority-Abandonment Exemption-in Mendocino, Trinity, and Humboldt Counties, Cal.
Primary source
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Published
May 20, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Page 31056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10876]
[[Page 31056]]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1305X]
North Coast Railroad Authority--Abandonment Exemption--in
Mendocino, Trinity, and Humboldt Counties, Cal.
North Coast Railroad Authority (NCRA) \1\ filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service to abandon 175.84 miles of rail line
extending between milepost 139.5, near Willits, and milepost 284.1,
near Eureka, including appurtenant branch lines extending to milepost
267.72 near Carlotta, milepost 295.57 near Korblex, milepost 300.5 near
Samoa, and milepost 301.8 near Korbel, in Mendocino, Trinity and
Humboldt Counties, Cal.\2\ The line traverses the following U.S. Postal
Service Zip Codes: 95429, 95595, 95454, 95542, 95560, 95559, 95553,
95571, 95569, 95565, 95562, 95540, 95551, 95537, 95564, 95524, 95521,
95519, 95525, 95521, 95524, 95501, 95503, 95526, 95514, 95511, and
95490.
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\1\ NCRA notes that the State of California has changed NCRA's
name to Great Redwood Trail Agency, effective March 1, 2022. (NCRA
Letter 6, Jan. 10, 2022.)
\2\ NCRA's verified notice describes the line sought to be
abandoned as including the Arcata & Mad River subsidiary, between
milepost 295.57, near Korblex, and milepost 301.8, near Korbel, a
distance of approximately 6.23 miles. (Verified Notice 1 n.1.) The
verified notice, however, expresses uncertainty about the Board's
jurisdiction over the Arcata & Mad River subsidiary, (id. at 1 n.1 &
Ex. B), and, by decision served on June 9, 2021, the Board held this
proceeding in abeyance to permit consideration of that question. By
decision served on May 17, 2022, the Board determined that
abandonment of the Arcata & Mad River subsidiary had previously been
consummated, removing that segment from the Board's jurisdiction.
Therefore, the line that NCRA seeks to abandon is, hereinafter,
defined to consist of 169.61 miles extending between milepost 139.5,
near Willits and milepost 284.1, near Eureka, including appurtenant
branch lines extending to milepost 267.72 near Carlotta, milepost
295.57 near Korblex, and milepost 300.5 near Samoa (the Line).
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NCRA has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) there is no overhead traffic so none
needs to be 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
either is 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(b) and 1105.8(c) (notice of environmental and historic reports),
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 abandonment, any employee of NCRA 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,\3\ the exemption will be
effective on June 19, 2022, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues \4\ must be
filed by May 27, 2022; formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests
under 49 CFR 1152.29 must be filed by May 31, 2022.\5\ Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by June 9, 2022.
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\3\ 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).
\4\ 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.
\5\ 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 1305X, 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 filed with the Board
must be served on NCRA's representative, Charles H. Montange, Law
Offices of Charles H. Montange, 426 NW 162nd Street, Seattle, WA 98177.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NCRA 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 issued a Draft Environmental
Assessment (EA) on June 8, 2021, but that Draft EA has been rescinded.
OEA will issue a Corrected Draft EA by May 25, 2022. The Corrected
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.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339. Comments on environmental and historic
preservation matters must be filed within 15 days after the Corrected
Draft 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), NCRA 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 NCRA's filing of a notice of
consummation by May 20, 2023, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.\6\
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\6\ In a separate docket, NCRA filed a petition seeking
exemptions from certain statutory provisions and waivers of certain
regulatory requirements regarding a proposed third-party, or
``adverse,'' application for discontinuance of Northwestern Pacific
Railway Company's operating rights over a portion of the Line, and
the Board granted, in part, the petition for exemptions and waivers.
See N. Coast R.R.--Adverse Discontinuance of Lease & Operating
Auth.--Nw. Pac. R.R., AB 1313 (STB served Mar. 4, 2022). NCRA may
not consummate this abandonment until all operating authority on the
Line has been terminated. See, e.g., BNSF Ry.--Aban. Exemption--in
Flathead Cnty., Mont., AB 6 (Sub-No. 495X) (STB served Aug. 14,
2017).
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Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 17, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-10876 Filed 5-19-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 20, 2022.
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