49240 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices 

1ESPN’s then new owner, Regional Rail, LLC, a 

noncarrier, discovered that one of ESPN’s 

predecessors, Penn Eastern Rail Lines, Inc., had 

consummated the acquisition of the subject line in 

July 2003, but inadvertently failed to obtain prior 

Board approval for that acquisition. ESPN filed for 

and obtained such authority. See East Penn 

Railroad, LLC—Acquisition Exemption—Berks 

County, PA, STB Finance Docket No. 35089 (STB 

served Nov. 1, 2007). 

2Effective July 18, 2008, the filing fee for an OFA 

increased to $1,500. See Regulations Governing 

Fees for Services Performed in Connection with 

Licensing and Related Services—2008 Update, STB 

Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 

2008). 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: September 19, 

2008. 

Authority: (49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8). 

Issued on: August 14, 2008. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E8–19325 Filed 8–19–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1020X] 

East Penn Railroad, LLC—

Abandonment Exemption—in Berks 

and Montgomery Counties, PA 

On July 31, 2008, East Penn Railroad, 

LLC (ESPN) filed with the Board a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to abandon an 8.6-mile 

line of railroad extending from milepost 

0.0 at Pottstown to milepost 8.6 at 

Boyertown, in Berks and Montgomery 

Counties, PA. The line traverses United 

States Postal Service Zip Codes 19464 

and 19512.1

The line does not contain federally 

granted rights-of-way. Any 

documentation in ESPN’s possession 

will be made available promptly to 

those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuance of this notice, the Board 

is instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by November 18, 

2008. 

Any offer of financial assistance 

(OFA) under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,500 filing fee. 

See 49 CFR 1002.2(f)(25).2

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than September 9, 2008. 

Each trail use request must be 

accompanied by a $200 filing fee. See 49 

CFR 1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–

1020X, and must be sent to: (1) Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001; and (2) 

Karl Morell, Of Counsel, Ball Janik LLP, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005. Replies to the 

petition are due on or before September 

9, 2008. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 11, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–19035 Filed 8–19–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 258X)] 

Union Pacific Railroad Company—

Abandonment Exemption—in Shelby 

County, TN 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 2.61-mile 

line of railroad known as the Memphis 

Subdivision, extending from milepost 

387.0 to milepost 389.61 in Shelby 

County, TN. The line traverses United 

States Postal Service Zip Codes 38107 

and 38108. 

UP 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; (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 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 report), 49 CFR 1105.8 

(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 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 

September 19, 2008, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 


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