[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Page 11854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05936]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 1265X]


Lehigh Valley Rail Management, LLC--Abandonment Exemption--in 
Cambria County, PA

    Lehigh Valley Rail Management, LLC (LVRM) has filed a verified 
notice of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon a line of railroad extending between milepost RJC 6.4 in 
Munster Township and milepost RJC 10.45189 in Ebensburg Borough, and 
between milepost 15.355 (RJC 10.45189) and milepost 16.934 in Cambria 
Township, in Cambria County, Pa. (the Line). The Line traverses U.S. 
Postal Service Zip Code 15931.
    LVRM has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) because the Line is not a through line 
(it is stub-ended), there is no overhead traffic on the Line; (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 any U.S. District Court or has 
been decided in favor of a complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.7 and 1105.8 (environment and 
historic report), 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 abandonment 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) \1\ has been received, this exemption will 
be effective on April 27, 2019, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by April 8, 2019. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 17, 2019, with 
the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \1\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors, in their formal expression of intent, to make a 
preliminary financial responsibility showing based on a calculation 
using information contained in the carrier's filing and publicly 
available information. See Offers of Financial Assistance, EP 729 
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,800. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
LVRM's representative, Eric M. Hocky, Clark Hill, PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    LVRM has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by April 2, 2019. Interested persons may obtain a copy of the EA by 
writing to OEA, Surface Transportation Board, Washington, DC 20423-0001 
or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Relay Service at (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), LVRM 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 LVRM's filing of a notice of 
consummation by March 28, 2020, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 25, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-05936 Filed 3-27-19; 8:45 am]
 BILLING CODE 4915-01-P