[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35546-35547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12311]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1004X]; [STB Docket No. AB-369 (Sub-No. 6X)] \1\


Shannon Transport, Inc.--Abandonment Exemption--in Clarion 
County, PA; Buffalo & Pittsburgh Railroad, Inc.--Discontinuance 
Exemption--in Clarion and Jefferson Counties, PA

    Shannon Transport, Inc. (STI), has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service to abandon, and Buffalo & Pittsburgh 
Railroad, Inc. (BPRR), has filed a notice of exemption under the same 
Subpart to discontinue service and operating rights over, approximately 
12.5 miles of rail line,\2\ extending between milepost 6.0 and milepost 
4.0 in or near Lawsonham, and the connecting line between milepost 0.0 
near Lawsonham and milepost 10.5 near Sligo, in Clarion County, PA.\3\ 
The line traverses United States Postal Service Zip Codes 16248 and 
16255.
    STI and BPRR have 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 to be rerouted; (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 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.
    Where, as here, STI is abandoning all of the rail lines it owns, 
the Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Wellsville, Addison & 
Galeton R. Corp.--Abandonment, 354 I.C.C. 744 (1978); and Northampton 
and Bath R. Co.--Abandonment, 354 I.C.C. 784 (1978). Because STI does 
not appear to have a corporate affiliate or parent that will continue 
similar operations or that could benefit from the proposed abandonment, 
employee protection conditions will not be imposed.
    As a condition to BPRR's discontinuance exemption, any employee 
adversely affected by the 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 July 28, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\4\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 9, 2007. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by July 18, 2007, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
    A copy of any petition filed with the Board should be sent to STI's 
and BPRR's representative: Eric M. Hocky, Esquire, Gollatz, Griffin & 
Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., 
Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    STI and BPRR, along with Pittsburg & Shawmut, have filed a joint 
combined environmental and historic report, which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources for this line and the line addressed 
in Pittsburg & Shawmut Railroad, LLC--Abandonment Exemption--in Clarion 
and Jefferson Counties, PA, STB Docket No. AB-976 (Sub-No. 2X), et al. 
Additionally, STI has filed a supplemental environmental and historic 
report, which specifically addresses the effects, if any, of the 
abandonment on this line. SEA will issue an environmental assessment 
(EA) by July 3, 2007. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 245-0305. [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), STI shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If

[[Page 35547]]

consummation has not been effected by STI's filing of a notice of 
consummation by June 28, 2008, 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: June 18, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
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    \1\ For administrative purposes, the discontinuance exemption 
sought in STB Docket No. AB-369 (Sub-No. 6X) is being divided to 
correspond to the two abandonment exemptions sought here and in STB 
Docket No. AB-976 (Sub-No. 2X).
    \2\ Both notices were initially filed on May 29, 2007. At the 
Board's request, both notices were supplemented by the applicants on 
June 8, 2007, with letters providing certain required 
certifications. Because the notices were not complete until the June 
8 filings, that date will be considered the actual filing date for 
both notices and the basis for all due dates.
    \3\ In its notice of exemption filed in STB Docket No. AB-369 
(Sub-No. 6X), BPRR seeks discontinuance over 48.45 miles of rail 
line, encompassing the 12.5 miles of rail line at issue here and the 
remaining 35.95 miles of rail line corresponding to the notice of 
exemption filed by Pittsburg & Shawmut Railroad, LLC (Pittsburg & 
Shawmut), in Pittsburg & Shawmut Railroad, LLC--Abandonment 
Exemption--in Clarion and Jefferson Counties, PA, STB Docket No. AB-
976 (Sub-No. 2X), et al.
    \4\ 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.
    \5\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,300. See 49 CFR 1002.2(f)(25).
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[FR Doc. E7-12311 Filed 6-27-07; 8:45 am]
BILLING CODE 4915-01-P