[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29204-29205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10058]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1005X]


Finger Lakes Railway Corp.--Abandonment Exemption--in Yates 
County, NY

    Finger Lakes Railway Corp. (FGLK) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 
4.95-mile line of railroad between milepost 41.35, in the Village of 
Penn Yan, Township of Benton, and milepost 46.3, outside the Township 
of Benton, located in Yates County, NY. The line traverses United 
States Postal Service Zip Code 14527. The line for which the 
abandonment exemption request was filed includes one station, Bellona, 
located at milepost 46.3--SPLC 183992.
    FGLK certifies that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to be rerouted; 
(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 of 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.--
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 June 23, 2007, unless stayed pending reconsideration.\1\ 
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 
June 4, 2007. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by June 13, 2007, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ The earliest this transaction may be consummated is June 23, 
2007. FGLK has originally indicated a consummation date of on or 
after June 18, 2007.
    \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 $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
FGLK's representative: Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., 
Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, 
PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    FGLK 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 May 29, 2007. 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

[[Page 29205]]

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), FGLK 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 FGLK's filing of a notice of 
consummation by May 24, 2008, 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: May 18, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10058 Filed 5-23-07; 8:45 am]
BILLING CODE 4915-01-P