[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64742-64743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27440]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-183 (Sub-No. 3X)]


Union Railroad Company--Abandonment Exemption--in Allegheny 
County, PA

    Union Railroad Company (URR) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to 
abandon and discontinue service over its line of railroad known as the 
Rankin Branch extending from point of switch Survey Station 158+50 of 
Turnout MU-18, and extending from that point over and across the Rankin 
Hot Metal Bridge to a rail connection with the Railroad's so-called 
Wildcat Track at Survey Station 48+35 in the Borough of Rankin, 
Allegheny County, PA, a distance of 0.89 miles.\1\ The line traverses 
United States Postal Service Zip Codes 15120 and 15104.
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    \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 
November 28, 2000, because the verified notice was filed on October 
10, 2000, consummation may not take place prior to November 29, 
2000. Applicant's representative has subsequently confirmed that the 
correct consummation date is on or after November 29, 2000.
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    URR 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 November 
29, 2000, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\2\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by November 9, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by November 20, 2000, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423.
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    \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 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 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: Christopher T. Como, Attorney and Assistant 
Secretary, Union Railroad Company, 135 Jamison Lane, Monroeville, PA 
15146.

[[Page 64743]]

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    URR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by November 3, 2000. 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), URR 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 URR's filing of a notice of 
consummation by October 30, 2001, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: October 19, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-27440 Filed 10-27-00; 8:45 am]
BILLING CODE 4915-00-P