Notice2024-27105
Southwest Pennsylvania Railroad Company-Abandonment Exemption-in Fayette County, Pa.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Page 91870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27105]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1240 (Sub-No. 1X)]
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 approximately 1.87 miles of rail line near
Uniontown, Fayette County, Pa., extending (1) approximately 0.66 miles
from V.S. 874+34 at Redstone Junction near Washington Street to V.S.
839+30 at the north side of Oliver Road, and (2) approximately 1.21
miles from V.S. 1926+00 on the west side of North Gallatin Avenue
Extension to V.S. 1989+93 near Coal Lick Run Junction near the North
Union Township/City of Uniontown border (the Line). The Line traverses
U.S. Postal Service Zip Code 15401.
SWP 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),
49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1)
(notice to government 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,\1\ this exemption will be
effective on December 20, 2024, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues must be
filed by November 29, 2024.\2\ Formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2) and interim trail use/railbanking
requests under 49 CFR 1152.29 must be filed by December 2, 2024.\3\
Petitions to reopen and requests for public use conditions under 49 CFR
1152.28 must be filed by December 10, 2024.
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\1\ 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).
\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\ 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 1240 (Sub-No. 1X), 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 SWP's representative, Thomas J. Healey, Fletcher & Sippel
LLC, 29 N. Wacker Drive, Suite 800, Chicago, IL 60606-3208.
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 potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by November 25, 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 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/
railbanking 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 November 20, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: November 14, 2024.
By the Board, Valerie O. Quinn, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2024-27105 Filed 11-19-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on November 20, 2024.
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