[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Page 49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19035]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1020X]


East Penn Railroad, LLC--Abandonment Exemption--in Berks and 
Montgomery Counties, PA

    On July 31, 2008, East Penn Railroad, LLC (ESPN) filed with the 
Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903 to abandon an 8.6-mile line of railroad 
extending from milepost 0.0 at Pottstown to milepost 8.6 at Boyertown, 
in Berks and Montgomery Counties, PA. The line traverses United States 
Postal Service Zip Codes 19464 and 19512.\1\
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    \1\ ESPN's then new owner, Regional Rail, LLC, a noncarrier, 
discovered that one of ESPN's predecessors, Penn Eastern Rail Lines, 
Inc., had consummated the acquisition of the subject line in July 
2003, but inadvertently failed to obtain prior Board approval for 
that acquisition. ESPN filed for and obtained such authority. See 
East Penn Railroad, LLC--Acquisition Exemption--Berks County, PA, 
STB Finance Docket No. 35089 (STB served Nov. 1, 2007).
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    The line does not contain federally granted rights-of-way. Any 
documentation in ESPN's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 18, 2008.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).\2\
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    \2\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 Update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than September 9, 2008. Each trail 
use request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-1020X, and must be sent to: (1) Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001; and (2) Karl Morell, Of 
Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 
20005. Replies to the petition are due on or before September 9, 2008.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 11, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-19035 Filed 8-19-08; 8:45 am]
BILLING CODE 4915-01-P