[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Pages 38273-38274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16361]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 156 (Sub-No. 27X)]


Delaware and Hudson Railway Company, Inc.--Discontinuance of 
Trackage Rights Exemption--in Broome County, NY, Middlesex, Essex, 
Union, Somerset, Hunterdon, and Warren Counties, NJ, Cumberland, 
Chester, Luzerne, Perry, York, Lancaster, Northampton, Lehigh, Carbon, 
Berks, Montgomery, Northumberland, Dauphin, Lebanon, and Philadelphia 
Counties, PA, Cecil, Harford, Baltimore, Anne Arundel, and Prince 
George's Counties, and Baltimore City, MD, the District of Columbia, 
Arlington County, and the City of Alexandria, VA

    Delaware and Hudson Railway Company, Inc. (D&H), a wholly-owned 
indirect subsidiary of Canadian Pacific Railway Company, has filed a 
verified notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue its overhead 
and local trackage rights over approximately 670 miles of rail line 
(the Lines) owned and/or operated by Norfolk Southern Railway Company, 
Reading Blue Mountain and Northern Railroad Company, CSX 
Transportation, Inc., Consolidated Rail Corporation, Wilkes-Barre 
Connecting Railroad Company, Pocono Northeast Railway, Inc., and 
National Railroad Passenger Corporation.\1\ The Lines are located: (1) 
In Binghamton, N.Y., (2) in Wilkes-Barre, Pa., (3) between Hudson 
(Plains), Pa., and Buttonwood, Pa., (4) between Sunbury, Pa., and 
Harrisburg, Pa., (5) between Harrisburg and Potomac Yard, Va., via 
Perryville, Md., (6) between Harrisburg and Philadelphia, Pa., via 
Reading, Pa., (7) between Reading and Allentown, Pa., (8) between 
Dupont, Pa., and Allentown, and (9) between Allentown and Oak Island, 
N.J.
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    \1\ This is a republication of the notice of exemption 
originally served and published in the Federal Register on April 8, 
2015 (80 FR 18,937). This notice contains corrected information.
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    The Lines traverse United States Postal Service Zip Codes as 
follows: (1) Pennsylvania--17110, 17020, 17053, 17025, 17011, 17043, 
17070, 17319, 17370, 17345, 17347, 17406, 17547, 17512, 17582, 17516, 
17565, 17532, 17518, 17563, 17101, 17102, 17104, 17113, 17057, 17502, 
17801, 17823, 17830, 17017, 17061, 17032, 17018, 17112, 18240, 18229, 
18235, 18071, 18080, 18088, 18059, 18067, 18052, 18032, 18109, 18018, 
18015, 18042, 18103, 18049, 18062, 18011, 19539, 19562, 19530, 19522, 
19510, 19605, 19604, 19601, 19602, 19606, 19508, 19518, 19464, 19468, 
19460, 19406, 19428, 19035, 19072, 19004, 19131, 19121, 19147, 19148, 
19145, 19112, 17103, 17111, 17036, 17033, 17078, 17042, 17046, 17067, 
17087, 17073, 19567, 19551, 19565, 19608, 19609, 19610, 19611, 18641, 
18640, 18702, 18706, 18707, 18661, 18701, 18704, 18705, 17003, 17034, 
17105, 17121, 18030, 18037, 18055, 18101, 18102, 19103, 19104, 19130, 
19146, 19405, 19560, and 19607; (2) Maryland--21918, 21904, 21903, 
21078, 21001, 21040, 21010, 21220, 21221, 21237, 21224, 21205, 21201, 
21217, 21223, 21229, 21227, 21090, 21076, 21240, 21077, 21144, 21113, 
20755, 20715, 20720, 20769, 20706, 20784, 20785, 20743, 21085, 21213, 
21202, and 21216; (3) District of Columbia--20003, 20019, 20024, 20472, 
20260, and 20585; (4) Virginia--22202, 22301, and 22314; (5) New 
Jersey--07105, 07114, 07112, 07205, 07083, 07204, 07203, 07016, 07027, 
07090, 07076, 07023, 07062, 07060, 07063, 08812, 08846, 08805, 08807, 
08835, 08844, 08853, 08822, 08887, 08801, 08867, 08827, 08802, 08804, 
08865, 08821, 08854, 07080, 08820, 07066, 08826, 08829, 08801, 08833, 
08889, 08876, 08869, 07036, 07202, 07206, and 07201; and (6) New York--
13790, 13901, 13905, 13795, and 13904.
    D&H has certified that (1) no local traffic has moved over the 
Lines for at least two years; (2) any overhead traffic can be rerouted 
over other lines; (3) no formal complaint filed by a user of rail 
service on the Lines (or by a state or local government entity acting 
on behalf of such user) regarding cessation of service on the Lines 
either is pending with the Board or with any U.S. District Court or has 
been decided in favor of complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.12 (newspaper publication), and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.\2\
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    \2\ D&H made these certifications in its verified notice of 
exemption filed March 19, 2015. In a supplement filed June 15, 2015, 
D&H amended its verified notice, providing corrected information and 
stating that it is republishing the newspaper notices and providing 
corrected notices to the governmental agencies to which notice is 
required under 49 CFR 1152.50(d)(1).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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) to subsidize continued rail service has been 
received, this exemption will be effective on August 4, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \3\ must be 
filed by July 13, 2015. Petitions to reopen must be filed by July 22, 
2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.\4\
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,600. See 49 CFR 1002.2(f)(25).
    \4\ The Board intends to address pleadings previously filed in 
this proceeding in a separate decision.
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    A copy of any petition filed with the Board should be sent to D&H's 
representative: W. Karl Hansen, Stinson Leonard Street LLP, 150 South 
Fifth Street, Suite 2300, Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: June 29, 2015.


[[Page 38274]]


    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-16361 Filed 7-1-15; 8:45 am]
 BILLING CODE 4915-01-P