[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Notices]
[Pages 30665-30666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10298]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-156 (Sub-No. 26X)]


Delaware and Hudson Railway Company, Inc., d/b/a Canadian Pacific 
Railway Company--Abandonment Exemption--in Albany County, NY

    Delaware and Hudson Railway Company, Inc., d/b/a Canadian Pacific 
Railway Company (D&H) has filed a notice of exemption \1\ under 49 CFR 
1152 Subpart F--Exempt Abandonments to abandon 1.98 +/-miles of rail 
line between mileposts A 6.95 +/- (in Colonie) and A 7.13 +/- and 
mileposts T 0.0 +/- and T 1.81 +/- (in Green Island), in Albany County, 
NY.\2\ The line traverses United States Postal Service Zip Codes 12183 
and 12189.
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    \1\ D&H filed a supplement to its notice of exemption on May 17, 
2007.
    \2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Surface Transportation Board (Board) at 
least 50 days before the abandonment or discontinuance is to be 
consummated. D&H initially indicated in its notice of exemption a 
proposed consummation date of June 29, 2007, but because the 
verified notice was filed on May 14, 2007, consummation may not take 
place prior to July 3, 2007. D&H has been informed by a Board staff 
member that consummation may not take place until July 3, 2007.
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    D&H has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be and has been 
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 reports), 49 
CFR 1105.8 (historic reports), 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 July 3, 2007, unless stayed pending reconsideration.\3\ 
Petitions to stay that do not involve environmental issues,\4\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
June 11, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 21, 2007, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \3\ On May 17, 2007, R. Freedom & Son, Inc., filed a notice of 
intent to file an OFA to purchase the line. The Board will address 
the request and any other requests that may be timely filed in a 
separate decision.
    \4\ 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.
    \5\ 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 D&H's 
representative: W. Karl Hansen,

[[Page 30666]]

Leonard, Street and Deinard Professional Association, 150 South Fifth 
Street, Suite 2300, Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    D&H has filed a combined environmental report 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 June 8, 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 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), D&H 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 D&H's filing of a notice of 
consummation by June 1, 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 23, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10298 Filed 5-31-07; 8:45 am]
BILLING CODE 4915-01-P