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###### Department of Transportation

###### Surface Transportation Board

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

                    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.                

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                           ( print 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.

# Footnotes

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.                    
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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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[FR Doc. E9-25501 Filed 10-22-09; 8:45 am]

BILLING CODE 4915-01-P