[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63563-63564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25013]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 825X]


Turtle Creek Industrial Railroad, Inc.--Discontinuance of Service 
Exemption--in Westmoreland County, PA

    Turtle Creek Industrial Railroad, Inc. (TCIR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
approximately 9.8 miles of rail line from milepost 0.9 near Trafford, 
Pa., to milepost 10.7 in Export, Pa. (the Line). The Line traverses 
United States Postal Service Zip Codes 15085, 15668, and 15632.
    TCIR has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic has moved over the 
Line for at least two years, and if there were any, it 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 two-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 shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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) to subsidize continued rail service has been 
received, this exemption will become effective on November 23, 2013, 
unless stayed pending reconsideration.\1\ Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued

[[Page 63564]]

rail service under 49 CFR 1152.27(c)(2),\2\ must be filed by November 
4, 2013.\3\ Petitions to reopen must be filed by November 13, 2013, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \1\ This notice was scheduled to be published in the Federal 
Register during the time that the agency was closed due to a lapse 
in appropriations. Because publication of this notice has been 
delayed, the effective date of the exemption will also be delayed to 
provide adequate notice to the public.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ 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 historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
TCIR's representative: Richard R. Wilson, 518 N. Center Street, Ste. 
100, Ebensburg, PA 15931.
    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 
``WWW.STB.DOT.GOV.''

    Decided: October 21, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-25013 Filed 10-23-13; 8:45 am]
BILLING CODE 4915-01-P