[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23422]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-369 (Sub-No. 7X)]


Buffalo & Pittsburgh Railroad, Inc.--Abandonment Exemption--in 
Erie and Cattaraugus Counties, NY

    Buffalo & Pittsburgh Railroad, Inc. (BPRR) has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon a 27.6-mile line of railroad extending from 
milepost 8.4 in Orchard Park, in Erie County, NY, to milepost 36 in 
Ashford, in Cattaraugus County, NY. The line traverses United States 
Postal Service Zip Codes 14127, 14025, 14033, and 14141.
    BPRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic has been 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 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.--
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 November 5, 2008, 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 
October 16, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 27, 2008, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.\3\
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    \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 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.
    \2\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
    \3\ On September 22, 2008, the New York State Office of Parks, 
Recreation and Historic Preservation filed a request for the 
issuance of a notice of interim trail use and for imposition of a 
public use condition for the 27.6-mile rail line. On September 26, 
2008, BPRR agreed to negotiate for interim trail use/rail banking.
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    A copy of any petition filed with the Board should be sent to 
BPRR's representative: Eric M. Hocky, Thorp Reed & Armstrong, LLP, One 
Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 
19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BPRR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by October 10, 2008. 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), BPRR 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 BPRR's filing of a notice of 
consummation by October 6, 2009, 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 29, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-23422 Filed 10-3-08; 8:45 am]
BILLING CODE 4915-01-P