[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54873-54874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25501]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-551 (Sub-No. 1X)]


Knox and Kane Railroad Company--Abandonment Exemption--in 
Clarion, Forest, Elk and McKean Counties, PA

    Knox and Kane Railroad Company (Knox and Kane), has filed a 
verified notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon its entire line of railroad between milepost 
95.3 at North Clarion Junction, PA, and milepost 165.2 at Mt. Jewett, 
PA, a distance of 69.9 miles, in Clarion, Forest, Elk and McKean 
Counties, PA. The line includes no stations and traverses United States 
Postal Service Zip Codes 16254, 16235, 16233, 16260, 16239, 16347, 
16735, 16734, and 16740.
    Knox and Kane 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.
    The Board generally does not impose labor protective conditions on 
a railroad, such as Knox and Kane here, that is abandoning its entire 
line. See, Northampton and Bath R. Co.--Abandonment, 354 I.C.C. 784 
(1978).
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on November 24, 2009, 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 
November 2, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 12, 2009, 
with the Surface Transportation Board, 395 E Street, SW., 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 (SEA) 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 OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to Knox 
and Kane's representative: Andrew P. Goldstein, 2175 K Street, NW., 
Suite 600, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Knox and Kane has filed both an environmental report and a historic 
report that address the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by October 30, 2009. Interested persons may obtain a 
copy of the EA by writing to SEA (Room 1100, Surface

[[Page 54874]]

Transportation Board, Washington, DC 20423-0001) or by calling SEA, at 
(202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339. 
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 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), Knox and Kane 
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 Knox and Kane's filing of a 
notice of consummation by October 23, 2010, 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 http://www.stb.dot.gov.

    Decided: October 19, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-25501 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P