[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85716-85717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26958]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1296 (Sub-No. 1X)]


R. J. Corman Railroad Property, LLC--Abandonment Exemption--in 
Campbell County, Tenn.

    On April 21, 2023, R. J. Corman Railroad Property, LLC (RJC 
Railroad Property), a non-operating Class III rail carrier, submitted a 
petition under 49 U.S.C. 10502 for an exemption from the prior approval 
requirements of 49 U.S.C. 10903 to abandon what it later clarified as 
approximately 3.67 miles of line in Campbell County, Tenn. (the 
Line).\1\ According to the updated description, the Line extends 
approximately 2.0 miles from milepost 33 on the Oneida Line along Beech 
Fork before reaching a junction from which it continues in a 
southeasterly direction along Stoney Fork for approximately 1.67 miles 
before dead-ending in Clinchmore. The Line traverses U.S. Postal 
Service Zip Code 37714.
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    \1\ After the Board ordered RJC Railroad Property to clarify the 
endpoint of the Line, the railroad on November 13, 2023, modified 
the description of the Line. (See RJC R.R. Prop. Reply 1-2, Nov. 13, 
2023; see also RJC R.R. Prop. Letter, Nov. 28, 2023 (making 
conforming edits to the petition).) Thereafter, it also amended its 
Combined Environmental and Historic Report on November 20, 2023. 
Therefore, for the purpose of calculating upcoming statutory and 
regulatory dates, November 20, 2023, will be deemed the filing date 
for the petition for exemption.
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    On November 17, 2022, the Board conditioned abandonment of a 
connecting line, known as the Oneida Line, on the abandonment of any 49 
U.S.C. 10901 track that could be stranded by abandonment of the Oneida 
Line. See R. J. Corman R.R. Prop., LLC--Aban. Exemption--in Scott, 
Campbell & Anderson Cntys, Tenn., AB 1296X, slip op. at 5-6 (STB served 
Nov. 17, 2022). According to RJC Railroad Property, this abandonment 
proceeding seeks to resolve the issue of any and all potentially 
stranded section 10901 track by formally seeking abandonment authority 
for the Line, which RJC Railroad Property has determined to be the only 
section 10901 track at issue. (Pet. 3.)
    In addition to an exemption from 49 U.S.C. 10903, RJC Railroad 
Property seeks (1) exemption from the offer of financial assistance 
(OFA) procedures of 49 U.S.C. 10904 and waiver of the related 
regulations at 49 CFR 1152.27, (2) exemption from the public use 
provisions of 49 U.S.C. 10905 and waiver of the related regulations at 
49 CFR 1152.28, and (3) waiver of the interim trail use provisions of 
49 CFR 1152.29. RJC Railroad Property argues that these provisions are 
not necessary to carry out the rail transportation policy of 49 U.S.C. 
10101 (RTP) and that granting the exemptions and waivers will instead 
promote the RTP by eliminating unnecessary procedures and expediting 
the process. (Pet. 12-13.) These requests will be addressed in the 
Board's final decision.
    Based on the information in its possession, RJC Railroad Property 
states that the Line does not contain federally granted rights-of-way. 
Any documentation in RJC Railroad Property's possession will be made 
available to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By decision served July 20, 2023, the Board instituted a proceeding 
pursuant to 49 U.S.C. 10502(b). A final decision will be issued by 
March 8, 2024. See 49 CFR 1152.26(a); R. J. Corman R.R. Prop., LLC--
Aban. Exemption--in Scott, Campbell, & Anderson Cntys., Tenn., AB 1296X 
et al., slip op. 6 n.9 (STB served Oct. 11, 2023).
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than March 
19, 2024 (120 days after the November 20, 2023 deemed filing date of 
the petition) 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 December 18, 2023, 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 December 28, 2023.\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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[[Page 85717]]

    All pleadings, referring to Docket No. AB 1296 (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 RJC Railroad Property's representative, Catherine S. Wright, 
Jackson Kelly PLLC, 100 West Main Street, Suite 700, Lexington, KY 
40588-2150. Replies to the petition are due on or before December 28, 
2023.
    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. If you require an 
accommodation under the Americans with Disabilities Act, please call 
(202) 245-0245.
    A Draft Environmental Assessment (Draft EA) (or Draft Environmental 
Impact Statement (Draft 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 Draft EA (or Draft EIS). Draft 
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 a Draft EA generally will be within 30 days of its service.
    Board decisions and notices are available at www.stb.gov.

    Decided: December 4, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-26958 Filed 12-7-23; 8:45 am]
BILLING CODE 4915-01-P