[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Page 6373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2718]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-859 (Sub-No. 1X) and STB Docket No. AB-290 (Sub-No. 
245X)]


Pennsylvania Lines LLC--Abandonment Exemption--in Northampton 
County, PA, and Norfolk Southern Railway Company--Discontinuance of 
Service Exemption--in Northampton County, PA

    Pennsylvania Lines LLC (PRR) and Norfolk Southern Railway Company 
(NSR) (collectively, petitioners) have jointly filed a notice of 
exemption under 49 CFR Part 1152, Subpart F--Exempt Abandonments and 
Discontinuances of Service for PRR to abandon, and NSR to discontinue 
service over, a 3.7-mile line of railroad between milepost EK-53.0 at 
Hellertown and milepost EK-56.7 at Bethlehem, in Northampton, PA. The 
line traverses United States Postal Service Zip Codes 18015, 18016, 
18017, 18018, 18020, 18025 and 18055.
    PRR and NSR have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) no overhead traffic has moved 
over the line for at least 2 years and overhead traffic, if there were 
any, could 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 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, these exemptions will be 
effective on March 11, 2004, 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 
February 20, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 1, 2004, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.\3\
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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 (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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,100. See 49 CFR 
1002.2(f)(25).
    \3\ On February 2, 2004, the Bucks County Transportation 
Management Association (Bucks County) filed a letter in opposition 
to the abandonment of the rail line. Bucks County states that the 
line represents the only existing rail line between Philadelphia and 
the Allentown/Bethlehem area and that abandonment of the line would 
eliminate any possibility of restoring commuter rail service through 
this area. Bucks County and any other interested person may file 
petitions for relief within the deadlines established in this 
notice.
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: James R. Paschall, General Attorney, 
Norfolk Southern Corporation, Three Commercial Place, Norfolk Southern 
Railway Company, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PRR and NSR have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by February 13, 2004. 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) 565-1539. 
[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), PRR 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 PRR's filing of a notice of 
consummation by February 10, 2005, 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: February 4, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-2718 Filed 2-9-04; 8:45 am]
BILLING CODE 4915-00-P