The New York, Susquehanna and Western Railway Corporation-Abandonment Exemption-in Oneida County, NY, 45889-45890 [E9-20764]
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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
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srobinson on DSKHWCL6B1PROD with NOTICES
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17:16 Sep 03, 2009
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BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–286 (Sub-No. 6X)]
The New York, Susquehanna and
Western Railway Corporation—
Abandonment Exemption—in Oneida
County, NY
Research and Innovative Technology
Administration
Brecht-Clark, Jan
Frm 00088
Chang, William
Dillingham, Steven
Leone, Geraldine
Smith, Steven K.
Tompkins, Curtis
[FR Doc. E9–21407 Filed 9–3–09; 8:45 am]
Pipeline and Hazardous Materials
Safety Administration
Douglass, Madonna C.
Richard, Robert A.
Summitt, Monica J.
Wiese, Jeffrey D.
Willke, Theodore L.
PO 00000
45889
The New York, Susquehanna and
Western Railway Corporation (NYS&W),
has filed a verified notice of exemption
under 49 CFR 1152 subpart F–Exempt
Abandonments to abandon a .42-mile
segment of its Fay Street Branch rail line
between milepost 284.80 at or near
Oswego Street in Utica, and milepost
285.22 at or near Warren Street in Utica,
in Oneida County, NY. The line
traverses United States Postal Service
Zip Code 13502.
NYS&W 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;1 (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
1 NYS&W states that no local or overhead traffic
has moved over the line for more than 15 years and
that any previous overhead traffic has long been
rerouted.
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04SEN1
45890
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
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 October
7, 2009, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,2
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),3 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by September
14, 2009. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by September 24,
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 NYS&W’s
representative: Eric M. Hocky, One
Commerce Square, 2005 Market Street,
Suite 1000, Philadelphia, PA 19103.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NYS&W 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
September 11, 2009. Interested persons
may obtain a copy of the EA by writing
to SEA (Room 1100, Surface
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.
2 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 Outof-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.
3 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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17:16 Sep 03, 2009
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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), NYS&W 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 NYS&W’s filing of a notice
of consummation by September 4, 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 https://
www.stb.dot.gov.
Decided: August 25, 2009.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–20764 Filed 9–3–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 314X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Latrobe,
Westmoreland County, PA
Norfolk Southern Railway Company
(NSR) has filed a notice of exemption
under 49 CFR 1152 Subpart F—Exempt
Abandonments to abandon a 2.04-mile
line of railroad between milepost XN–
0.00, and milepost XN0–2.04, in
Latrobe, Westmoreland County, PA. The
line traverses United States Postal
Service Zip Code 15650.
NSR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) any overhead traffic
can be rerouted over other lines; (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
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.—
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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 October
7, 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 September
14, 2009. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by September 24,
2009, with: Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to NSR’s
representative: James R. Paschall, Senior
General Attorney, Norfolk Southern
Corporation, Three Commercial Place,
Norfolk, VA 23510.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NSR has filed a combined
environmental and historic report
which addresses the effects, if any, of
the abandonment on the environment
and historic resources. SEA will issue
an environmental assessment (EA) by
September 11, 2009. Interested persons
may obtain a copy of the EA by writing
to SEA (Room 1100, Surface
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), NSR shall file a notice of
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 Outof-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).
E:\FR\FM\04SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45889-45890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20764]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-286 (Sub-No. 6X)]
The New York, Susquehanna and Western Railway Corporation--
Abandonment Exemption--in Oneida County, NY
The New York, Susquehanna and Western Railway Corporation (NYS&W),
has filed a verified notice of exemption under 49 CFR 1152 subpart F-
Exempt Abandonments to abandon a .42-mile segment of its Fay Street
Branch rail line between milepost 284.80 at or near Oswego Street in
Utica, and milepost 285.22 at or near Warren Street in Utica, in Oneida
County, NY. The line traverses United States Postal Service Zip Code
13502.
NYS&W 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;\1\ (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
[[Page 45890]]
1152.50(d)(1) (notice to governmental agencies) have been met.
---------------------------------------------------------------------------
\1\ NYS&W states that no local or overhead traffic has moved
over the line for more than 15 years and that any previous overhead
traffic has long been rerouted.
---------------------------------------------------------------------------
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 October 7, 2009, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
September 14, 2009. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 24, 2009,
with the Surface Transportation Board, 395 E Street, SW., Washington,
DC 20423-0001.
---------------------------------------------------------------------------
\2\ 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.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
NYS&W's representative: Eric M. Hocky, One Commerce Square, 2005 Market
Street, Suite 1000, Philadelphia, PA 19103.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NYS&W 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 September 11, 2009. Interested persons may obtain a copy of the EA
by writing to SEA (Room 1100, Surface 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), NYS&W 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 NYS&W's filing of a notice of
consummation by September 4, 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 https://www.stb.dot.gov.
Decided: August 25, 2009.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-20764 Filed 9-3-09; 8:45 am]
BILLING CODE 4915-01-P
