[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46901-46902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17859]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 410X)]


Norfolk Southern Railway Company--Discontinuance of Trackage 
Rights Exemption--in Luzerne and Carbon Counties, Pa.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue overhead trackage rights 
operations over approximately 56.7 miles of rail line owned by Reading 
Blue Mountain and Northern Railroad Company (RBMN) located between 
milepost 119.3 in Lehighton Yard and milepost 175.5 in Dupont, Pa., in 
Luzerne and Carbon Counties, Pa. (the Line).\1\ The Line traverses U.S. 
Postal Service Zip Codes 18235, 18229, 18255, 18661, 18711, 18707, 
18706, 18640, and 18641.
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    \1\ NSR states that it acquired overhead trackage rights for the 
Line in 2002. See Norfolk S. Ry.--Trackage Rts. Exemption--Reading 
Blue Mountain & N.R.R., FD 34225 (STB served July 25, 2002).
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    NSR has certified that: (1) It has moved no local traffic over the 
Line for at least two years; (2) any common carrier overhead traffic 
can 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 on the Line is 
either pending with the Surface Transportation Board (Board) or with 
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 &

[[Page 46902]]

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 September 19, 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 August 30, 2021.\4\ Petitions to reopen must be 
filed by September 9, 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 an environmental review.
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    All pleadings, referring to Docket No. AB 290 (Sub-No. 410X), 
should be filed with the Surface Transportation Board via e-filing on 
the Board's website. In addition, a copy of each pleading filed with 
the Board should be sent to NSR's representative, Crystal M. Zorbaugh, 
Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, 
DC 20037.
    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: August 17, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-17859 Filed 8-19-21; 8:45 am]
BILLING CODE 4915-01-P