City Utilities of Springfield, Mo.-Abandonment Exemption-in Greene County, Mo.
| Citation | 86 FR 60330 |
| Record Number | 2021-23760 |
| Published date | 01 November 2021 |
| Section | Notices |
| Court | Surface Transportation Board |
Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)
[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Page 60330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23760]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1319X]
City Utilities of Springfield, Mo.--Abandonment Exemption--in
Greene County, Mo.
City Utilities of Springfield, Mo. (City Utilities), has filed with
the Surface Transportation Board (Board) a petition under 49 CFR 10502
for exemption from the prior approval requirements of 49 U.S.C. 10903
to abandon approximately 1.24 miles of rail line extending from
approximately milepost 248.86 to approximately milepost 250.1, in
Greene County, Mo. (the Line).\1\
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\1\ City Utilities states that it acquired title to the Line and
other track from the Burlington Northern Railroad Company (BN)
through deeds dated January 15, 1986, and July 21, 1987, and that
BN, and subsequently BNSF Railway Company, provided rail operations
over the Line to deliver coal to City Utilities' James River Power
Station until that facility ceased burning coal in 2015. According
to City Utilities, while recently performing due diligence in the
process of converting the right-of-way into a multi-use recreational
trail, it realized that it inadvertently neglected to seek
acquisition authority for the Line from the ICC when City Utilities
acquired the Line from BN. City Utilities obtained after-the-fact
acquisition authority in October 2021. See City Utils. of
Springfield, Mo.--Acquis. Exemption--Line of BNSF Ry. in Greene
Cnty., Mo., FD 36543 (STB served Oct. 15, 2021).
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City Utilities states that, based on information in its possession,
the Line does not contain federally granted rights-of-way. Any
documentation in City Utilities' possession will be made available
promptly 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 issuing this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by January 28, 2022.
Any offer of financial assistance (OFA) 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. Persons interested in
submitting an OFA must first file a formal expression of intent to file
an offer by November 12, 2021, 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 November 22, 2021.\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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All pleadings, referring to Docket No. AB 1319X, 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 City
Utilities' representative, Thomas W. Wilcox, Law Office of Thomas W.
Wilcox, LLC, 1629 K Street NW, Suite 300, Washington, DC 20006. Replies
to the petition are due on or before November 22, 2021.
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. Assistance for the
hearing impaired is available through the Federal Relay Service at
(800) 877-8339.
An environmental assessment (EA) (or environmental impact statement
(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.\3\ Other interested persons may contact OEA to obtain a
copy of the EA (or EIS). 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 the EA generally will be within
30 days of its service.
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\3\ City Utilities filed its environmental and historic report
along with its petition on October 12, 2021, and supplemented the
record on October 14, 2021, with a letter from the Missouri State
Historic Preservation Office.
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Board decisions and notices are available at www.stb.gov.
Decided: October 27, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-23760 Filed 10-29-21; 8:45 am]
BILLING CODE 4915-01-P
