68 FR 189 pgs. 56377-56378 - Allegheny Eastern Railroad, Inc.—Abandonment Exemption—in Elk and Cameron Counties, PA
Type: NOTICEVolume: 68Number: 189Pages: 56377 - 56378
Docket number: [STB Docket No. AB-854X]
FR document: [FR Doc. 03-24739 Filed 9-29-03; 8:45 am]
Agency: Transportation Department
Sub Agency: Surface Transportation Board
Official PDF Version: PDF Version
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-854X]
Allegheny Eastern Railroad, Inc.-Abandonment Exemption-in Elk and Cameron Counties, PA
Allegheny Eastern Railroad, Inc. (AE), has filed a notice of exemption under 49 CFR 1152 Subpart F_ Exempt Abandonments to abandon an 18.9-mile line of railroad between milepost 131, near St. Marys, in Elk County, and milepost 149.9, southeast of Emporium, in Cameron County, PA. The line traverses United States Postal Service Zip Codes 15834 and 15857.1
Footnotes:
1 Pursuant to 49 CFR 1150.50(d)(2), the railroad must file a verified notice with the Board at least 50 days before the abandonment or discontinuance is to be consummated. While the applicant initially indicated a proposed consummation date of October 30, 2003, because the verified notice was filed on September 11, 2003, consummation may not take place prior to October 31, 2003. By letter filed on September 22, 2003, applicant's representative confirmed that the consummation date will be after October 31, 2003.
AE has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (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 Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 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 abandonment shall be protected under Oregon Short Line R. Co.-Abandonment-Goshen, 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) has been received, this exemption will be effective on October 31, 2003, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 14, 2003. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 21, 2003, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
Footnotes:
2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Service 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 exemption's effective date.
3 Each OFA must be accompanied by the filing fee, which currently is set at $1,100. See 49 CFR 1002.2(f)(25).
A copy of any petition filed with the Board should be sent to AE's representative: Eric M. Hocky, Gollatz, Griffin Ewing, P.C., Four Penn Center, Suite 200, 1600 JFK Blvd., Philadelphia, PA 19103.
If the verified notice contains false or misleading information, the exemption is void ab initio.
AE has filed an environmental report which addresses the abandonment's effects, if any, on the environment and historic resources. SEA will issue an environmental assessment (EA) by October 6, 2003. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at (202) 565-1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the 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 1152.29(e)(2), AE 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 AE's filing of a notice of consummation by October 1, 2004, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our Web site at "http://www.stb.dot.gov."
Decided: September 24, 2003.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-24739 Filed 9-29-03; 8:45 am]
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