[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Notices]
[Pages 68226-68227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28073]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-550 (Sub-No. 2X)]


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

    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: (1) The Walden Running Track between approximately milepost 
413.90 and approximately milepost 418.50; and (2) the JD Industrial 
Track between approximately milepost 0.00 and approximately milepost 
0.60, a total distance of approximately 5.20 miles in Erie County, 
NY.\1\ The line traverses United States Postal Service Zip Codes 14086, 
14031, 14225, 14227, and 14206.
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    \1\ RJCN notes that it acquired the subject line from 
Consolidated Rail Corporation pursuant to an offer of financial 
assistance in Consolidated Rail Corporation--Abandonment Exemption--
in Erie County, NY, STB Docket No. AB-167 (Sub-No. 1164X) (Served 
Sept. 30, 1996).
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    RJCN has certified that: (1) No local traffic has moved over the 
line for the past 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 December 
11, 2002 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 18,

[[Page 68227]]

2002. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by November 29, 2002, with: Surface 
Transportation Board, 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 (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).
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    A copy of any petition filed with the Board should be sent to 
RJCN's representative: Edward J. Fishman, Kirkpatrick & Lockhart LLP, 
1800 Massachusetts Avenue--2nd Floor, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RJCN 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 November 
15, 2002. 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) 565-1552. (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), RJCN shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by RJCN's filing of a notice of 
consummation by November 8, 2003, 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 
WWW.STB.DOT.GOV.

    Decided: October 29, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 02-28073 Filed 11-7-02; 8:45 am]
BILLING CODE 4915-00-P