99-15525. Pittsburgh Industrial Railroad, Inc.Abandonment Exemptionin Allegheny County, PA  

  • [Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
    [Notices]
    [Pages 33134-33135]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-15525]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Surface Transportation Board
    [STB Docket No. AB-525 (Sub-No. 1X)]
    
    
    Pittsburgh Industrial Railroad, Inc.--Abandonment Exemption--in 
    Allegheny County, PA
    
        Pittsburgh Industrial Railroad, Inc. (PIRR) has filed a verified 
    notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
    abandon its 1.15-mile line between milepost 5.35 and milepost 6.5, in 
    Neville Township, Allegheny County, PA. The line traverses United 
    States Postal Service Zip Code 15225.
        PIRR has certified that: (1) No local traffic has moved over the 
    line for at least 2 years; (2) no overhead traffic has moved over the 
    line for at least 2 years; (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 (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 July 21, 
    1999, 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 July 1, 
    1999. Petitions to reopen or requests for public use conditions under 
    49 CFR 1152.28 must be filed by July 12, 1999, with the Surface 
    Transportation Board, Office of the Secretary, Case Control Unit, 1925 
    K Street, NW, Washington, DC 20423-0001.
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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 $1000. See 49 CFR 
    1002.2(f)(25).
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        A copy of any petition filed with the Board should be sent to 
    applicant's representative: Karl Morrell, Esq., Ball Janik LLP, 1455 F 
    Street, NW, Suite 225, Washington, DC 20005. If the verified notice 
    contains false or misleading
    
    [[Page 33135]]
    
    information, the exemption is void ab initio.
        PIRR 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 June 28, 1999. Interested persons may 
    obtain a copy of the EA by writing to SEA (Room 500, Surface 
    Transportation Board, Washington, DC 20423-0001) 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), PIRR 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 PIRR's filing of a notice of 
    consummation by June 21, 2000, and there are no legal or regulatory 
    barriers to consummation, the authority to abandon will automatically 
    expire.
        Board decisions and notices are available on our website at 
    ``WWW.STB.DOT.GOV.''
    
        Decided: June 4, 1999.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 99-15525 Filed 6-18-99; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
06/21/1999
Department:
Surface Transportation Board
Entry Type:
Notice
Document Number:
99-15525
Pages:
33134-33135 (2 pages)
Docket Numbers:
STB Docket No. AB-525 (Sub-No. 1X)
PDF File:
99-15525.pdf