Everett Railroad Company-Discontinuance of Service Exemption-in Blair County, PA, 64703 [E7-22430]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices exceed $5 million, MMID is required, at least 60 days before an exemption is to become effective, to send notice of the transaction to the national and local offices of the labor unions with employees on the affected lines and post a copy of the notice at the workplace of the employees on the affected lines and certify to the Board that it has done so. 49 CFR 1150.42(e). MMID attached to its October 22, 2007 submission of the notice of exemption a certification of posting of the labor notice, which states that the requisite labor notice was posted at the workplace of those affected MMID employees on October 22, 2007. MMID notes that those employees are not represented by national labor unions and therefore no notice has been provided to such unions. MMID has requested a waiver of the requirement in 49 CFR 1150.42(e), asking that this notice become effective 30 days after it has been filed, rather than the requisite 60 days. MMID argues for the waiver, stating that it has been operating the two active lines for 15 years and will continue to be the operator of these lines, and because the inactive line has had no traffic for several years, there are no affected employees on this line. The waiver request will be addressed by the Board in a separate decision in this proceeding. As a result, the earliest this transaction will be considered to be consummated will be either 60 days after MMID’s October 22 certification that it has satisfied the requirements of section 1150.42(e) or any earlier date established by the Board if the Board grants the requested waiver. If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than 7 days before the exemption becomes effective.2 An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35099, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on R.W. Smith, Jr., DLA Piper U.S. LLP, 6225 Smith Avenue, Baltimore, MD 21209. 2 In the absence of a waiver granted by the Board, the earliest the exemption could become effective would be December 21, 2007 (60 days after MMID has certified that it has satisfied the requirements of section 1150.42(e)). VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 13, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–22436 Filed 11–15–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–721X] Everett Railroad Company— Discontinuance of Service Exemption—in Blair County, PA Everett Railroad Company (ERC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over a 1.5-mile line of railroad between milepost 22.5 (at approximately 0.5 miles south of the line’s crossing of Cross Cove Road) and milepost 24.0 (at the current end of track immediately east of the line’s atgrade crossing of Pennsylvania State Highway 866), in Blair County, PA. The line traverses United States Postal Service Zip Code 16662. ERC has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line that has been, or would need to be, rerouted; (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 1105.12 (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 discontinuance of service 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 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 64703 December 18, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),1 must be filed by November 26, 2007.2 Petitions to reopen must be filed by December 6, 2007, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to ERC’s representative: Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 9, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–22430 Filed 11–15–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–268 (Sub-No. 16X) and STB Docket No. AB–355 (Sub-No. 34X)] Portland Terminal Company— Abandonment Exemption—in Cumberland County, ME; and Springfield Terminal Railway Company—Discontinuance of Service Exemption—in Cumberland County, ME Portland Terminal Company (PT) and Springfield Terminal Railway Company (ST) (collectively, applicants) have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for PT to abandon, and for ST to discontinue service over, approximately 1.3 miles of railroad known as the Mountain Branch in Westbrook, ME, extending from milepost 6.0 to milepost 7.3 in Cumberland County, ME. The line traverses United States Postal Service 1 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). 2 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Page 64703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22430]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-721X]


Everett Railroad Company--Discontinuance of Service Exemption--in 
Blair County, PA

    Everett Railroad Company (ERC), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
a 1.5-mile line of railroad between milepost 22.5 (at approximately 0.5 
miles south of the line's crossing of Cross Cove Road) and milepost 
24.0 (at the current end of track immediately east of the line's at-
grade crossing of Pennsylvania State Highway 866), in Blair County, PA. 
The line traverses United States Postal Service Zip Code 16662.
    ERC has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the line 
that has been, or would need to be, rerouted; (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 1105.12 (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 discontinuance of service 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 December 18, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\1\ must be filed by November 26, 2007.\2\ 
Petitions to reopen must be filed by December 6, 2007, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to ERC's 
representative: Robert A. Wimbish, Baker & Miller PLLC, 2401 
Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 9, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22430 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P