[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23078-23079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07020]


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

SURFACE TRANSPORTATION BOARD

[Docket No. AB 1233 (Sub-No. 2X)]


Allegheny Valley Railroad Company--Abandonment Exemption--in 
Allegheny County, Pa.

    Allegheny Valley Railroad Company (AVR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon an approximately 3.6-mile segment of rail line 
known generally as the ``Brilliant Branch'' located in Pittsburgh and 
Aspinwall, Allegheny County, Pa. (the Line). The Line consists of the 
following segments: (1) the Brilliant Branch, extending from milepost 
0.7 in East Liberty (in the City of Pittsburgh), crossing AVR's 
Allegheny Branch and the Allegheny River, passing through the Borough 
of Aspinwall and ending at approximately milepost 3.0, in Pittsburgh; 
(2) the Brilliant Branch-West Leg Wye, beginning at approximately 
milepost 0.0 on AVR's Allegheny River Bridge in Aspinwall and ending at 
approximately milepost 0.5, in the Township of O'Hara, Pa.; and (3) a 
portion of the Allegheny Branch Connection in Pittsburgh beginning at 
approximately milepost 1.8, at the connection to the Brilliant Branch, 
and ending at approximately milepost 2.6, approximately 528 feet 
westerly of its connection to the Allegheny Branch. The Line traverses 
U.S. Postal Service Zip Codes 15206, 15208, and 15215.
    AVR has certified that: (1) no local traffic has moved over the 
Line for at least two years; (2) any overhead traffic on the Line can 
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 on 
behalf of such user) regarding cessation of service over the Line is 
pending with either 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(b) and 1105.8(c) (notice of environmental and historic 
reports),\1\ 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to government agencies) have been met.
---------------------------------------------------------------------------

    \1\ In its verified notice, which AVR submitted on February 23, 
2024, AVR requested that the Board waive the provision at 49 CFR 
1105.11 calling for the carrier to use a form transmittal letter 
when sending its environmental and/or historic report to appropriate 
agencies. In a decision served on April 2, 2024, the Board denied 
the waiver request and deemed the filing date for AVR's verified 
notice to be March 14, 2024 (20 days after AVR re-served its 
environmental and historic report with the form cover letter).
---------------------------------------------------------------------------

    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\ this exemption will be 
effective on May 3, 2024, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by April 12, 2024.\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 April 15, 2024.\4\ Petitions to 
reopen and requests for public use conditions under 49 CFR 1152.28 must 
be filed by April 23, 2024.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 1233 (Sub-No. 2X), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on AVR's representative, Thomas J. Healey, Fletcher & Sippel 
LLC, 29 N Wacker Drive, Suite 800, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    AVR 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 April 8, 2024. The Draft EA will 
be available to interested persons on the Board's website, by writing 
to OEA, or by calling OEA at (202) 245-0294. If you require an 
accommodation under the

[[Page 23079]]

Americans with Disabilities Act, please call (202) 245-0245. Comments 
on environmental or historic preservation matters must be filed within 
15 days after the Draft 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), AVR 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 AVR's filing of a notice of 
consummation by April 3, 2025, 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.

    Dated: March 29, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-07020 Filed 4-2-24; 8:45 am]
BILLING CODE 4915-01-P