[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Notices]
[Pages 47546-47547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24050]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-550X]


R.J. Corman Railroad Company/Allentown Lines, Inc.--Abandonment 
Exemption--in Lehigh County, PA

    R.J. Corman Railroad Company/Allentown Lines, Inc. (RJCN) has filed 
a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
to abandon a 1.945-mile line of railroad known as the Barber's Quarry 
Industrial Track between milepost 93.144 in the vicinity of Union and 
3rd Streets in

[[Page 47547]]

Allentown and milepost 95.089 in the vicinity of Lawrence Street and 
Lehigh Parkway in the township of Salisbury, Lehigh County, Pa. The 
line traverses United States Postal Service Zip Codes 18102 and 18103.
    RJCN has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 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 8, 
1998, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,1 formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail 
use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 18, 1998. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 28, 1998, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, NW, Washington, DC 20423.
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    \1\ 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 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.
    \2\  Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Kevin M. Sheys, Oppenheimer Wolff Donnelly 
& Bayh LLP, 1350 Eye Street, NW, Suite 200, Washington, DC 20005-3324.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RJCN has filed an environmental report which addresses the effects 
of the abandonment, if any, on the environment and historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by September 11, 1998. Interested persons may obtain a 
copy of the EA by writing to SEA (Room 500, Surface Transportation 
Board, Washington, DC 20423) or by calling SEA, at (202) 565-1545. 
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), RJCN 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 RJCN's filing of a notice of 
consummation by September 8, 1999, 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 website at 
``WWW.STB.DOT.GOV.''

    Decided: September 1, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-24050 Filed 9-4-98; 8:45 am]
BILLING CODE 4915-00-P