The New York, Susquehanna and Western Railway Corporation-Abandonment Exemption-in Oneida County, NY, 45889-45890 [E9-20764]

Download as PDF Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices Tuccillo, Robert Valdes, Vincent Welbes, Matthew Ellis, Karen (Department of Agriculture) Hardsgrove, Steve (Department of the Interior) Hartman, John (Department of Energy) Heist, Melissa (Environmental Protection Agency) O’Brien, Regina (General Services Administration) Rish, Adrienne (U.S. Agency for International Development) Taylor, Robert (Department of the Treasury) Young, Robert (Department of Agriculture) Wagner, Ben (Tennessee Valley Authority) Maritime Administration Bohnert, Roger Brohl, Helen Byrne, Joseph Andrew Caponiti, James Harrelson, Thomas Jones II, Taylor E. Kumar, Sashi Lesnick, H. Keith McKeever, Jean McMahon, Christopher J. Pixa, Rand Rivait, David Tokarski, Kevin Weaver, Janice G. Worley, Allen B. Office of the Secretary Allen, Bernestine Darr, Carol DeBoer, Joan Eisner, Neil Fields, George Fornarotto, Christa Forsgren, Janet Geier, Paul Gretch, Paul L. Herlihy, Thomas W. Heup, Ellen Homan, Todd Horn, Donald Howard, Laurie Hurdle, Lana Jackson, Ronald Jones, Mary N. Jones, Maureen A. Kaleta, Judith Knapp, Rosalind Lawson, Linda Leusch Carnaroli, Herbert Lowder, Michael W. Matsuda, David T. McDermott, Susan Mowry, Nancy A. Neal, Brandon Newhart, Joan Osborne, Elizabeth Patillo, Jacquelyn Petrosino-Woolverton, Marie Podberesky, Samuel Pradhan, Nitin Schmidt, Robert T. Streitmatter, Marlise Szabat, Joel M. Thomson, Kathryn B. Washington, Keith Washington, Linda J. Wells, John Ziff, Laura Zuckman, Jill National Highway Traffic Safety Administration Abraham, Julie Amoni, Marilena Beuse, Nathaniel Carra, Joseph DeCarme, David DeMeter, Kathleen C. Donaldson, K. John Geraci, Michael Guerci, Lloyd S. Harris, Claude Hinch, John Kratzke, Stephen R. Maddox, John M. Markison, Marlene McLaughlin, Brian M. McClaughlin, Susan Medford, Ronald L. Michael, Jeffrey P. Pennington, Rebecca Saul, Roger Simons, James F. Smith, Daniel C. Walter, Gregory A. Wood, Stephen srobinson on DSKHWCL6B1PROD with NOTICES Office of Inspector General Barry, Timothy M. Beitel, Jr., Richard Calvaresi Barr, Ann Come, Joseph W. Dailey, Susan Dettelbach, Brian A. Dixon, Lou Dobbs, David A. Hampton, Matthew E. Leng, Rebecca C. Millman, Rosalyn Tornquist, David E. Zabarsky, Mark H. Office of Inspector General (not Department of Transportation employees) Allesandrino, Matthew (Department of Energy) Delgado, Michael (Department of the Treasury) VerDate Nov<24>2008 17:16 Sep 03, 2009 Jkt 217001 Fmt 4703 Sfmt 4703 Saint Lawrence Seaway Development Corporation Middlebrook, Craig H. Pisani, Salvatore Safety Transportation Board Campbell, Rachel D. Dettmar, Joseph Gardner, Leland Hanson, Ellen Keats, Craig Wallen, Matthew 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. E:\FR\FM\04SEN1.SGM 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). VerDate Nov<24>2008 17:16 Sep 03, 2009 Jkt 217001 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 http:// 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 04SEN1

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 http://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