[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Notices]
[Pages 12148-12149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6232]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-167 (Sub-No. 1182X)]
Consolidated Rail Corporation--Abandonment Exemption--in Indiana
County, PA
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a
11.80 mile portion of the Blairsville Secondary Track between milepost
5.70 and milepost 17.50, in Indiana County, PA.
The line traverses United States Postal Service Zip Codes 15716, 15717,
15750 and 15748.
Conrail has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic moving over
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 with any U.S.
District Court or has been decided in favor of complainant within the
2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental
reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal
letter), 49 CFR 1105.12
[[Page 12149]]
(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 R. Co.--
Abandonment-- Goshen, 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, this exemption will be effective on April 11,
1998, unless stayed pending reconsideration. Petitions to stay that do
not involve environmental issues,1 formal expressions of
intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail
use/rail banking requests under 49 CFR 1152.29 must be filed by March
23, 1998. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by April 1, 1998, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, N.W., Washington, DC 20423.
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\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service 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.
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $900. See 49 CFR
1002.2(f)(25). This fee is scheduled to increase to $1000, effective
March 20, 1998.
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A copy of any petition filed with the Board should be sent to
applicant's representative: John J. Paylor, Association General
Counsel, Consolidated Rail Corporation, 2001 Market Street--16A,
Philadelphia, PA 19101-1416.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Conrail has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 17, 1998. Interested persons may
obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board, Washington, DC 20423) or by calling SEA, at (202)
565-1545. 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), Conrail 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 Conrail's filing of a notice of
consummation by March 12, 1999, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: March 4, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-6232 Filed 3-11-98; 8:45 am]
BILLING CODE 4915-00-P
