C&NC Railroad, LLC-Discontinuance Exemption-in Wayne and Henry Counties, Ind.

CourtSurface Transportation Board
Citation86 FR 40896
Publication Date29 Jul 2021
Record Number2021-16271
Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
                [Page 40896]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-16271]
                [Docket No. AB 1093 (Sub-No. 2X)]
                C&NC Railroad, LLC--Discontinuance Exemption--in Wayne and Henry
                Counties, Ind.
                 On July 9, 2021, C&NC Railroad, LLC (C&NC), filed a petition under
                49 U.S.C. 10502 for exemption from the prior approval requirements of
                49 U.S.C. 10903 to discontinue service over approximately 21 miles of
                rail line extending from milepost CB 5.4 at Beesons, Ind., to milepost
                25.30 at New Castle, Ind., and from milepost R 0.1 to milepost R 1.16
                at New Castle (the Line). The Line traverses U.S. Postal Service Zip
                Codes 47327, 47357, 47362, 47366, 47331, and 47387.
                 C&NC states that it provides service on the Line pursuant to a
                lease with Norfolk Southern Railway Company (NSR), which owns the Line.
                (Pet. 1.) See also C&NC R.R.--Lease Exemption Containing Interchange
                Commitment--Norfolk S. Ry., FD 35858 (STB served Nov. 5, 2014).
                According to C&NC, NSR has notified C&NC that the lease is being
                terminated and that NSR will resume rail operations over the Line as a
                common carrier upon the discontinuance of service by C&NC. (Pet. 1.)
                C&NC states that there currently is one shipper on the Line, and that
                no interruption in rail service will result from the proposed
                discontinuance. (Id. at 4.)
                 C&NC states that it has no information indicating that the Line
                contains federally granted rights-of-way and, if it discovers any
                information regarding federally granted rights-of-way, it will be made
                available to those requesting it. (Id. at 2.) C&NC states that
                discontinuance authority it seeks covers the ``entire system'' operated
                by C&NC, and it therefore requests that the Board decline to impose
                employee protective conditions. (Id. at 6.)
                 By issuance of 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 27, 2021.
                 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 environmental review during any
                subsequent abandonment, this discontinuance does not require an
                environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
                 Any offer of financial assistance (OFA) for subsidy 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.\1\
                Persons interested in submitting an OFA must first file a formal
                expression of intent to file an offer by August 6, 2021, indicating the
                intent to file an OFA for subsidy and demonstrating that they are
                preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
                 \1\ The filing fee for OFAs can be found at 49 CFR
                 All filings in response to this notice must refer to Docket No. AB
                1093 (Sub-No. 2X) and should be filed with the Surface Transportation
                Board via e-filing on the Board's website. In addition, a copy of each
                pleading must be served on C&NC's representative, William H. Stewart
                III, Vuono & Gray, LLC, 310 Grant St., Suite 2310, Pittsburgh, PA
                15219. Replies to the petition are due on or before August 18, 2021.
                 Persons seeking further information concerning discontinuance
                procedures may contact the Board's Office of Public Assistance,
                Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
                full abandonment and discontinuance regulations at 49 CFR part 1152.
                Questions concerning environmental issues may be directed to the
                Board's Office of Environmental Analysis at (202) 245-0305. Assistance
                for the hearing impaired is available through the Federal Relay Service
                at (800) 877-8339.
                 Board decisions and notices are available at www.stb.gov.
                 Decided: July 26, 2021.
                 By the Board, Scott M. Zimmerman, Acting Director, Office of
                Jeffrey Herzig,
                Clearance Clerk.
                [FR Doc. 2021-16271 Filed 7-28-21; 8:45 am]
                BILLING CODE 4915-01-P

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