[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Page 84452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28631]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1267 (Sub-No. 1X)]


Cassatt Management, LLC d/b/a Bay Coast Railroad--Discontinuance 
of Service Exemption--in Norfolk, Va.

    Cassatt Management, LLC d/b/a Bay Coast Railroad (BCR), has filed a 
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
a rail line comprised of segments (a) between milepost 102.1 and 
milepost 100.7 (Segment A) and (b) between milepost 100.7 and milepost 
100.3 (Segment B), both in Norfolk, Va. (the Line).\1\ The Line 
traverses U.S. Postal Service Zip Code 23504.
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    \1\ The verified notice states that Segment A is owned by the 
Canonie Atlantic Co. (CAC) and Segment B is owned by Norfolk 
Southern Railway Company. CAC concurrently is seeking Board 
authority to abandon Segment A. See Canonie Atl. Co.--Aban. 
Exemption--in Norfolk, Va., Docket No. AB 1266 (Sub-No. 1X). Here, 
the verified notice states that CAC is acting on behalf of BCR in 
filing the discontinuance request. See also Cassatt Management LLC--
Discontinuance of Service Exemption--Hallwood to Cape Charles, Va., 
Docket No. AB 1267X.
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    BCR has certified that: (1) No local traffic has moved over the 
Line in over two years; (2) there has been no overhead traffic over the 
Line in over two years; (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.
    As a condition to this exemption, any employee adversely affected 
by the 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) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on January 27, 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) 
\3\ must be filed by January 7, 2021.\4\ Petitions for reconsideration 
must be filed by January 19, 2021.
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    \2\ 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).
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ 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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    A copy of any petition filed with Board should be sent to BCR's 
representative, Eric M. Hocky, Clark Hill, PLC, Two Commerce Square, 
2001 Market St., Suite 2620, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: December 21, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-28631 Filed 12-23-20; 8:45 am]
BILLING CODE 4915-01-P