Notice2022-14304
Wolf Creek Railroad LLC-Abandonment Exemption-in Gibson County, Tenn.
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 6, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Page 40332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14304]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1322X]
Wolf Creek Railroad LLC--Abandonment Exemption--in Gibson County,
Tenn.
On June 16, 2022, Wolf Creek Railroad LLC (WCR) filed a petition
under 49 U.S.C. 10502 for exemption from the prior approval
requirements of 49 U.S.C. 10903 to abandon an approximately 10-mile
line of railroad (the Line) located within the Milan Army Ammunition
Plant (the Plant) in Gibson County, Tenn. There is one station on the
Line, and the Line constitutes WCR's entire rail system. The Line
traverses U.S. Postal Service Zip Code 38358.
According to WCR, it leased the Line from the U.S. Army Joint
Munitions Command (JMC) through JMC's representative, American Ordnance
LLC. A portion of the Plant had been repurposed as a business park, and
WCR provided common carrier rail service to customers there.\1\ On
March 31, 2021, the JMC provided notice to WCR that it was terminating
the lease as of December 31, 2021, and that WCR was required to cease
its rail operations and vacate the Plant. WCR represents that the last
customer on the Line was a plastics-transload customer that stopped
shipping on the Line in October 2021. Thus, WCR seeks to abandon the
Line.
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\1\ See Wolf Creek R.R.--Lease & Operation Exemption--Am.
Ordnance LLC, FD 36236 (STB served Nov. 18, 2018).
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WCR states that the Line and the property that the Line serves are
owned by the JMC. Therefore, the Line is located on a federally-owned
right-of-way. Any documentation in WCR's possession will be made
available promptly to those requesting it.
Citing A&R Line, Inc.--Abandonment Exemption--in Cass & Pulaski
Counties, AB 855 (Sub-No. 1X) (STB served Aug. 20, 2003), WCR asserts
that, because it proposes to abandon its entire railroad system, the
imposition of employee protective conditions is not appropriate.
By issuing 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 4, 2022.
Any offer of financial assistance (OFA) 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. Persons interested in
submitting an OFA must first file a formal expression of intent to file
an offer by July 18, 2022, 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)(1)(i).
Following abandonment, the Line may be suitable for other public
use, including interim trail use. Any request for a public use
condition under 49 CFR 1152.28 or for interim trail use/rail banking
under 49 CFR 1152.29 will be due no later than July 26, 2022.\2\
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\2\ 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 1322X, 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
WCR's representative, Eric M. Hocky, Clark Hill, PLC, Two Commerce
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. Replies
to the petition are due on or before July 26, 2022.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment regulations at 49 CFR part 1152. Questions concerning
environmental issues may be directed to the Board's Office of
Environmental Analysis (OEA) at (202) 245-0294. Assistance for the
hearing impaired is available through the Federal Relay Service at
(800) 877-8339.
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by OEA will be served upon all parties of
record and upon any other agencies or persons who comment during its
preparation. Other interested persons may contact OEA to obtain a copy
of the EA (or EIS). EAs in abandonment proceedings normally will be
made available within 60 days of the filing of the petition. The
deadline for submission of comments on the EA generally will be within
30 days of its service.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 29, 2022.
Mai T. Dinh,
Director, Office of Proceedings.
[FR Doc. 2022-14304 Filed 7-5-22; 8:45 am]
BILLING CODE 4915-01-P
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