[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56377-56378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24739]


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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. (A&E), 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\
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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 
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.
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    A&E 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,\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 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.
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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 A&E'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.
    A&E 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

[[Page 56378]]

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), A&E 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 A&E'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]
BILLING CODE 4915-00-P