[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Page 27666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10724]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 183 (Sub-No. 5X)]


Union Railroad Company, LLC--Abandonment Exemption--in the City 
of McKeesport, Allegheny County, PA

    Union Railroad Company, LLC (URR), has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 5.4 miles of switching and terminal trackage 
known as the MCR Track in the City of McKeesport in Allegheny County, 
PA (the Line).\1\ The Line traverses U.S. Postal Service Zip Code 
15132.
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    \1\ URR states that the Line, which does not have mileposts, is 
generally bounded on the north by the Monongahela River; on the east 
by the McKeesport/North Versailles Township line; on the south by 
Lysle Blvd., 5th Avenue, Bowman Avenue, and/or East Pittsburgh 
McKeesport Road; and on the west by the Youghiogheny River.
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    URR has certified that: (1) It has provided no local common carrier 
traffic over the Line during the past two years; (2) no overhead 
traffic has moved over the Line and overhead traffic, if there were 
any, 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 1105.7 and 1105.8 (notice of environmental 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) has been received,\2\ the exemption will be 
effective on June 20, 2021, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by May 28, 2021.\3\ Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by June 1, 2021.\4\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by June 10, 2021.
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    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ 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.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    All pleadings, referring to Docket No. AB 183 (Sub-No. 5X), should 
be filed with the Surface Transportation Board via e-filing on the 
Board's website. In addition, a copy of each pleading must be served on 
URR's representative, Crystal M. Zorbaugh, 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.
    URR has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by May 28, 2021. The Draft EA will 
be available to interested persons on the Board's website, by writing 
to OEA, 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 Draft EA becomes available to the 
public.
    Environmental, historic preservation, public use, or interim 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), URR 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 URR's filing of a notice of 
consummation by May 21, 2022, 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: May 17, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-10724 Filed 5-20-21; 8:45 am]
BILLING CODE 4915-01-P