[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54714-54715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18831]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-55 (Sub-No. 649X)]


CSX Transportation, Inc.--Abandonment Exemption--in Niagara 
County, NY

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 
1.57-mile line of railroad known as the Erie Industrial Track, on its 
Northern Region, Albany Division, Niagara Subdivision, extending from 
milepost QCJ 13.43 to milepost QCJ 15.0, in North Tonawanda, Niagara 
County, NY. The line traverses United States Postal Service Zip Code 
14120. CSXT indicates that no stations will be impacted by the proposed 
abandonment.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years and overhead traffic, if there were any, 
could 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 Surface Transportation Board 
(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 October 26, 2007, unless stayed pending

[[Page 54715]]

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 October 9, 2007. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 16, 2007, with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001.
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    \1\ On September 10, 2007, B P Rail Corporation d/b/a BP Rail 
(BPR) filed a formal expression of intent to file an OFA to purchase 
the line. In this filing, BPR requests that CSXT provide BPR with 
the financial data and information prescribed in 49 CFR 1152.27(a). 
BPR also requests that the Board toll the time period for the filing 
of an OFA for an additional 60 days. The Board will address BPR's 
tolling request in a subsequent decision.
    \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 
CSXT's representative: Steven C. Armbrust, Esq., CSX Transportation, 
Inc., 500 Water Street, J-150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed environmental and historic reports addressing the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by October 
1, 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), CSXT 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 CSXT's filing of a notice of 
consummation by September 26, 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: September 18, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-18831 Filed 9-25-07; 8:45 am]
BILLING CODE 4915-01-P