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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices BNSF at BNSF milepost 419.05 in Tulsa, Okla. the Line.
TBR states that the Line is owned by BNSF, which operated it as spur track.
According to TBR, BNSF leases the premises that include the Line to Base, Inc. Base, the sole equity member of TBR, which in turn has subleased the Line to TBR for an initial term of seven years.1 TBR further states that the agreements between BNSF and Base and between Base and TBR do not include any provision or agreement that would limit future interchange with a thirdparty connecting carrier.
TBR certifies that its anticipated annual revenue will not exceed that of a Class III rail carrier and will not exceed $5 million.
The transaction may be consummated on or after September 16, 2021, the effective date of the exemption 30 days after the verified notice was filed.
If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502d may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than September 9, 2021
at least seven days before the exemption becomes effective.
All pleadings, referring to Docket No.
FD 36536, should be filed with the Surface Transportation Board via e-filing on the Boards website. In addition, a copy of each pleading must be served on TBRs representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.
According to TBR, this action is categorically excluded from environmental review under 49 CFR
1105.6c and from historic reporting requirements under 49 CFR 1105.8b.
Board decisions and notices are available at www.stb.gov.
Decided: August 30, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.
Brendetta Jones, Clearance Clerk.
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1 The
verified notice states that because Base does not currently control any rail carriers, no Board authority is required for Base to control TBR once TBR becomes a rail carrier.

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SURFACE TRANSPORTATION BOARD
Docket No. AB 1317X

Kiski Junction Railroad, Inc.
Abandonment Exemptionin Armstrong and Westmoreland Counties, Pa.
Kiski Junction Railroad, Inc. KJRR, has filed a verified notice of exemption under 49 CFR part 1152 subpart F
Exempt Abandonments to abandon two segments of rail line: 1 Line Code 2229, from at or near milepost 30.0 in Alladin, Pa., to milepost 28.8, in Armstrong and Westmoreland Counties, Pa.; and 2 Line Code 2242, from milepost 0.0 at the connection of Line Code 2229, to milepost 4.0, in Armstrong County together, the Line.
The Line traverses U.S. Postal Service Zip Codes 15656, 15682, 15690, and 16226.
KJRR has certified that: 1 No local traffic has moved over the Line for at least two years; 2 there is no overhead traffic on the Line that would need to 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 over the Line either is 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 1105.7b and 1105.8c notice of environmental and historic reports, 49 CFR 1105.12
newspaper publication, and 49 CFR
1152.50d1 notice to governmental agencies have been met.
As a condition to this exemption, any employee adversely affected by the abandonment 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. 10502d must be filed.
Provided no formal expression of intent to file an offer of financial assistance OFA has been received,1
this exemption will be effective on October 2, 2021, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues must 1 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, 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 1152.27c2i.

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be filed by September 10, 2021.2 Formal expressions of intent to file an OFA
under 49 CFR 1152.27c2 and interim trail use/rail banking requests under 49
CFR 1152.29 must be filed by September 13, 2021.3 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 22, 2021.
All pleadings, referring to Docket No.
AB 1317X, should be filed with the Surface Transportation Board via e-filing on the Boards website. In addition, a copy of each pleading must be served on KJRRs representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Avenue NW, Suite 1300
South, Washington, DC 20004.
If the verified notice contains false or misleading information, the exemption is void ab initio.
KJRR has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment Draft EA by September 7, 2021. The Draft EA
will be available to interested persons on the Boards website, by writing to OEA, or by calling OEA at 202 245
0294. Assistance for the hearing impaired is available through the Federal Relay Service at 800 8778339.
Comments on environmental and historic preservation matters must be filed within 15 days after the Draft EA
becomes available to the public.
Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29e2, KJRR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by KJRRs filing of a notice of consummation by September 2, 2022, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available at www.stb.gov.
Decided: August 30, 2021.
2 The Board will grant a stay if an informed decision on environmental issues whether raised by a party or by the Boards Office of Environmental Analysis OEA in its independent investigation cannot be made before the exemptions effective date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 1989. Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemptions effective date.
3 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2f25 and 27, respectively.

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