81 FR 87997 - Southwest Pennsylvania Railroad Company-Abandonment Exemption-in Fayette County, Pa.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 234 (December 6, 2016)

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87997-87998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29241]


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

SURFACE TRANSPORTATION BOARD

[Docket No. AB 1240X]


Southwest Pennsylvania Railroad Company--Abandonment Exemption--
in Fayette County, Pa.

    Southwest Pennsylvania Railroad Company (SWP) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon .3 miles of rail line between milepost 7 in 
Uniontown to the end of the line in South Union Township (SUT), in 
Fayette County, Pa. (the Line). The Line traverses U.S. Postal Service 
Zip Code 15401.
    SWP states it plans to abandon the Line and convert the property to 
trail use.\1\ The proposed transaction may not be consummated until 
January 5, 2017.
---------------------------------------------------------------------------

    \1\ SWP states it has agreed to lease the line to SUT pursuant 
to the National Trails System Act, 16 U.S.C. 1247(d), upon the Board 
imposing a decision and notice of interim trail use or abandonment.
---------------------------------------------------------------------------

    SWP has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) 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 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(c) and 1105.8(c) 
(environmental and historic report), 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 
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, this exemption will 
become effective on January 5, 2017, 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 December 16, 2016. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 27, 2016, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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 is 
currently set at $1,700. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2016 
Update, EP 542 (Sub-No. 24) (STB served Aug. 2, 2016).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to SWP's 
representative: Richard R. Wilson, P.C.,

[[Page 87998]]

518 N. Center St., Suite 1, Ebensburg, PA 15931.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    SWP 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 December 9, 2016. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, 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 Information 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 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), SWP 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 SWP's filing of a notice of 
consummation by December 6, 2017, 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 Web site at 
``WWW.STB.GOV.''

    Decided: November 30, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-29241 Filed 12-5-16; 8:45 am]
BILLING CODE 4915-01-P