59988 Federal Register / Vol. 68, No. 202 / Monday, October 20, 2003 / Notices By the Board, David M. Konschnik, (NHPA), 16 U.S.C. 470f, pursuant to the that would undermine the conclusions Director, Office of Proceedings. decision of the United States Court of of the Keeper, the ACHP, and the court. Vernon A. Williams, Appeals for the Third Circuit in Friends B. Clarification of the Length and Secretary. of the Atglen-Susquehanna Trail, Inc. v. Location of NS’s Remaining Line [FR Doc. 03–26281 Filed 10–17–03; 8:45 am] Surface Transportation Bd., 252 F.3d Comment. NS’s reply comments BILLING CODE 4915–00–P 246 (3rd Cir. 2001) (FAST), and solicited comments on certain issues regarding attempt to clarify the name, exact length this reinitiation. In response to the and location of the rail line that is the DEPARTMENT OF TRANSPORTATION October 2002 Notice, the Board received subject of this proceeding. NS states that 18 comment letters, as well as a letter the proper name for the rail line was the Surface Transportation Board replying to the comments of other Atglen and Susquehanna Branch, because the rail line runs from a [STB Docket No. AB–167 (Sub–No. 1095X)] parties, all of which were placed on the Board’s Web site. location near Atglen, PA to a location Consolidated Rail Corporation— near the Susquehanna River. According The Board’s Section of Environmental to NS, the notice of exemption Abandonment Exemption—Lancaster Analysis (SEA) has reviewed the and Chester Counties, PA Consolidated Rail Corporation (Conrail) comments. Based on the information filed in 1989 was for 66.5 miles of track, AGENCY: Surface Transportation Board, therein as well as ongoing consultations but only 33.9 miles of this is actual rail Department of Transportation. with the Advisory Council on Historic right-of-way. NS states that the rail line Preservation (ACHP), the Pennsylvania ACTION: Notice responding to comments extends from Milepost 0.0 at CP ‘‘Park’’ State Historic Preservation Officer received on the October 2002 notice to in Parkesburg, PA to Milepost 33.9 near (SHPO), and Norfolk Southern Railway the parties and requesting comments on a connection with the Port Road Brach Corporation (NS), SEA has developed a an attached proposed draft at CP ‘‘Port’’ in Manor Township, PA. plan to complete the section 106 process memorandum of agreement. The other 32.6 miles of track referred to for this proceeding. The ACHP, the in the notice of exemption refer to the SUMMARY: This Notice to the Parties SHPO, and NS have indicated their second track of the double tracked rail responds to the comments received on approval of SEA’s plan, as well as their line between approximately Milepost the October 2002 Notice to the Parties willingness to sign the attached 1.1 and Milepost 33.7. Subsequently, NS in this rail line abandonment proposed draft Memorandum of has indicated that it will return to the proceeding, discusses the possibility of Agreement (MOA). Changes suggested use of the designation ‘‘Enola Branch’’ trail use for the rail line right-of-way, pursuant to consulting party and public for this line in this proceeding because describes and solicits comments on the review and comment will be of Conrail’s use of this name during the attached proposed draft Memorandum considered. Below, SEA (1) summarizes period that it operated the line and the of Agreement, and provides information and responds to the comments, long use of this name in this proceeding. for a public meeting to be held on including those that favor converting NS also states that it currently intends November 19, 2003. this railroad right-of-way to interim trail to retain the property between Milepost use/rail banking pursuant to 16 U.S.C. DATES: Comments are due by December 27.0 at Safe Harbor, PA and Milepost 3, 2003. 1247(d) (Trails Act), or a privately 33.9 at Port, PA in connection with its negotiated trail use agreement entered operation of the Port Road Branch; and ADDRESS: If you wish to file written into after the abandonment is between Milepost 0.0 at Parkesburg, PA comments regarding the attached consummated, (2) discusses the and Milepost 1.5 at Lenover, PA, except proposed draft Memorandum of remaining steps in the section 106 for Amtrak’s bridge, for use as the Agreement, please send an original and process for this case, assuming that trail Parkesburg Industrial Track. According two copies to the Surface Transportation use here is unsuccessful, and (3) to NS, no abandonment authority or Board, Case Control Unit, 1925 K Street, describes the attached proposed draft exemption was necessary because these NW., Washington, DC 20423–0001, to Memorandum of Agreement (MOA) line segments will continue to be owned the attention of Troy Brady. Please refer setting forth proposed section 106 by NS and used for railroad purposes; to Docket No. AB–167 (Sub-No. 1095X) mitigation. As discussed in more detail only one of the two tracks will be in all correspondence addressed to the below, SEA has also scheduled a public removed. For the same reason, NS states Board. meeting on this case and the proposed that there will be no adverse effect on FOR FURTHER INFORMATION CONTACT: If draft MOA and is providing a 45-day historic properties on these segments. you have questions regarding this period for interested parties to file NS also states that Conrail sold the Notice, you should contact Troy Brady, written comments on the proposed draft portion of the rail line between Milepost the environmental contact for this case, MOA. 1.5 at Lenover to Milepost 4.0 near the by phone at (202) 565–1643 or by fax at Chester County-Lancaster County line to I. Comment Summary and Response (202) 565–9000. Assistance for the Southeastern Pennsylvania hearing impaired is available through A. Historic Eligibility of the Enola Transportation Authority (SEPTA) in the Federal Information Relay Service Branch Rail Line 1996. Thus, according to NS, the only (FIRS) at 1–800–877–8339. portion of the rail line (if any) that is SUPPLEMENTARY INFORMATION: On Comment. NS states that it disagrees subject to this section 106 process is October 24, 2002, the Surface with the designation of the Keeper of from about Milepost 4.0 in Chester Transportation Board (Board) issued a the National Register of Historic Places County, PA (the end of a bridge over Notice to the Parties (October 2002 (Keeper) that the entire line is historic. Noble Road and Octoraro Creek and Notice) in the above-titled rail Response. As explained in the about 50 yards of access to the bridge) abandonment proceeding. The October October 2002 Notice, pursuant to the to Milepost 27.0 at Safe Harbor, or 2002 Notice set forth the background of Keeper’s determination, the ACHP approximately 23 miles of rail right-of- the case, described the Board’s regulations, and the court’s holding in way. reinitiation of the section 106 process of FAST, the entire line is historic. NS has Response. Conrail described the line the National Historic Preservation Act not provided any compelling reasons to be abandoned in its 1989 notice of VerDate jul<14>2003 15:11 Oct 17, 2003 Jkt 203001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 68, No. 202 / Monday, October 20, 2003 / Notices 59989 exemption filing as two parallel tracks use. In consultations, the SHPO acceptable to the Townships and of a double tracked line. According to indicated that, if the Trails Act remains PennDOT. Conrail, track number 1 extended 32.6 available, and if a Trails Act agreement Response. The Trails Act allows rail miles from Milepost 1.1 in Parkesburg to could be reached that would preserve line that would otherwise be abandoned Milepost 33.7 in Manor Township. the contributing resources on the rail to be preserved (rail banked) and used Track number 2 extended 33.9 miles line right-of-way, there would be no in the interim as trails. See Preseault v. from Milepost 0.0 in Parkesburg to adverse effect on historic properties, ICC, 494 U.S. 1 (1990). The trail sponsor Milepost 33.9 in Manor Township. thereby presumably mooting the need to must assume responsibility for any taxes Subsequent descriptions of the line continue with the mitigation stage of the on, and tort liability for, the property. 16 mistakenly referred to the total length of section 106 process (development of an U.S.C. 1247(d). The Trails Act delays the line to be abandoned as either 66.5 appropriate MOA). abandonment of a line (and any miles of track or 66.5 miles of rail line. Comment. NS has stated that it would consequent reversion of rail easements SEA agrees with NS that the length of consider a proposal for trail use that to adjacent property owners) as a matter the line is the actual length of the right- meets certain criteria. Specifically, NS of law while the line is rail banked and of-way. Thus, the line originally at issue states 3 that it would seriously consider interim trail use continues, and here extended 33.9 miles, from Milepost any proposal for trail use that is made provides that the line may be 0.0 in Parkesburg to Milepost 33.9 in promptly so as not to delay the reactivated for rail service at any time. Manor Township.1 conclusion of this proceeding and that: Id. Alternatively, if the railroad owns Moreover, it now appears that Conrail (1) Does not result in the commitment of the property in fee, a railroad can sold the portion of the line between any additional railroad funds than are convert its property to trail use outside Milepost 1.5 to Milepost 4.0 to SEPTA already committed to this project, (2) does the auspices of the Trails Act after the in 1996, so that NS now retains not result in the commitment of any substantive amount of railroad time to the abandonment is consummated.