Notice2024-13381
The State of Oklahoma by and Through the Oklahoma Department of Transportation-Abandonment Exemption-in Payne County, Okla.; Stillwater Central Railroad, L.L.C.-Discontinuance Exemption-in Payne County, Okla.
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
June 18, 2024
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51585-51586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13381]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1330X; Docket No. AB 1040 (Sub-No. 1X)]
The State of Oklahoma by and Through the Oklahoma Department of
Transportation--Abandonment Exemption--in Payne County, Okla.;
Stillwater Central Railroad, L.L.C.--Discontinuance Exemption--in Payne
County, Okla.
The State of Oklahoma by and through the Oklahoma Department of
Transportation (ODOT) and Stillwater Central Railroad, L.L.C. (SLWC),
(collectively, Applicants) have jointly filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service for ODOT to abandon, and for SLWC to
discontinue service over, an approximately 3.2-mile stub-ended rail
line extending between milepost 30.74 and milepost 27.54 in Stillwater,
Payne County, Okla. (the Line). The Line traverses U.S. Postal Service
Zip Code 74074 and has one station.
Applicants have certified that: (1) no local traffic has moved over
the Line since 2018; (2) because the Line is not a ``through line,''
there is no overhead traffic that would need 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 and 1105.8 (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 exemption, any employee adversely affected
by the abandonment or discontinuance of service 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,\1\ these exemptions will
be effective on July 18, 2024, 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), and
interim trail use/railbanking requests under 49 CFR 1152.29 must be
filed by June 28, 2024.\3\ Petitions to reopen or requests for public
use conditions under 49 CFR 1152.28 must be filed by July 8, 2024.
---------------------------------------------------------------------------
\1\ 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).
\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 effective date of the
exemptions. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377
(1989). Any request to stay should be filed as soon as possible so
that the Board may take appropriate action before the effective date
of the exemptions.
\3\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------
All pleadings, referring to Docket Nos. AB 1330X and AB 1040 (Sub-
No. 1X), 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 ODOT's representative, Eric M. Hocky, Clark
Hill, PLC, Two Commerce Square, 2001 Market Street, Suite 2620,
Philadelphia, PA 19103; and SLWC's representative, Robert A. Wimbish,
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL
60606.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
ODOT 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 will issue a Draft
Environmental Assessment (Draft EA) by June 24, 2024. The 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. If you require an
accommodation under the Americans with Disabilities Act, please call
(202) 245-0245. Comments on environmental and historic preservation
matters must be filed within 15 days
[[Page 51586]]
after the 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), ODOT 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 ODOT's filing of a notice of
consummation by June 18, 2025, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 12, 2024.
By the Board, Valerie O. Quinn, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2024-13381 Filed 6-17-24; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on June 18, 2024.
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.