[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Page 64703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22430]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-721X]


Everett Railroad Company--Discontinuance of Service Exemption--in 
Blair County, PA

    Everett Railroad Company (ERC), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
a 1.5-mile line of railroad between milepost 22.5 (at approximately 0.5 
miles south of the line's crossing of Cross Cove Road) and milepost 
24.0 (at the current end of track immediately east of the line's at-
grade crossing of Pennsylvania State Highway 866), in Blair County, PA. 
The line traverses United States Postal Service Zip Code 16662.
    ERC 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 
that has been, or would need 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 (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 1105.12 (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 discontinuance of service 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 18, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\1\ must be filed by November 26, 2007.\2\ 
Petitions to reopen must be filed by December 6, 2007, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to ERC's 
representative: Robert A. Wimbish, Baker & Miller PLLC, 2401 
Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 9, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22430 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P