[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46601-46602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19015]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1261]
New York State Department of Environmental Conservation--Adverse
Abandonment--Saratoga and North Creek Railway in Town of Johnsburg,
N.Y.
On September 10, 2018, the New York State Department of
Environmental Conservation (the Department) filed an application under
49 U.S.C. 10903 requesting a third-party, or ``adverse,'' abandonment
by the Saratoga and North Creek Railway (SNCR) of approximately 29.71
miles of rail line between milepost NC 0.0 at North Creek, N.Y., and
its terminus at milepost NC 29.71 near the former Tahawus Mine (the
Line). Notice of the exemption was served and published in the Federal
Register on September 28, 2018 (83 FR 49,151).
On October 16, 2018, the Department requested that the proceeding
be held in abeyance for 90 days because OmniTRAX, Inc. (OmniTRAX) was
negotiating with SNCR for the purchase of the Line and with the
Department regarding storage of rail cars. In a decision served October
23, 2018, the request was granted and the comment deadlines on the
application and the environmental assessment (EA) postponed pending
further order of the Board. In a series of decisions, the abeyance
period was extended, most recently until July 19, 2019.
By letter dated June 14, 2019, OmniTRAX informed the Board that it
had discontinued its negotiations with SNCR and the Department. Shortly
thereafter, on July 11, 2019, United Rail, Inc. (United Rail),
submitted a letter stating that it had initiated preliminary
discussions with SNCR regarding the purchase of the Line and requesting
the Board continue to hold the proceeding in abeyance so that
discussions regarding purchase of the Line could continue.
On July 12, 2019, the Department filed a letter requesting that the
Board set a briefing schedule, and on July 31, 2019, the Department
filed a letter opposing United Rail's request to continue to hold the
proceeding in abeyance. On August 19, 2019, the Adirondack Council
filed a letter supporting the Department's position opposing United
Rail's request and asks the Board to allow the adverse abandonment
application to move forward.
Because the negotiations involving OmniTRAX have terminated and the
Department, the applicant here, opposes United Rail's request to
continue to hold the proceeding in abeyance, the proceeding will be
removed from abeyance and a procedural schedule set.
Any interested person may file written comments concerning the
proposed adverse abandonment or protests (including protestant's entire
opposition case) by September 30, 2019. Persons who may oppose the
proposed adverse abandonment but who do not wish to participate fully
in the process by submitting verified statements of witnesses
containing detailed evidence should file comments. Persons opposing the
proposed adverse abandonment who wish to participate actively and fully
in the process should file a protest, observing the filing, service,
and content requirements of 49 CFR. 1152.25. The Department's reply
will be due by October 18, 2019.
All filings in response to this notice must refer to Docket No. AB
1261 and must be sent to: (1) Surface Transportation Board, 395 E
Street SW, Washington, DC 20423-0001; and (2) Joshua M. Tallent, New
York State Office of the Attorney General, Environmental Protection
Bureau, The Capitol, Albany, NY 12224-0341.
Any request for an interim trail use/railbanking condition under 16
U.S.C. 1247(d) and 49 CFR 1152.29 must be
[[Page 46602]]
filed by September 30, 2019, and should address whether the issuance of
a certificate of interim trail use in this case would be consistent
with the grant of an adverse abandonment application.\1\ Each trail use
request must be accompanied by the appropriate filing fee. See 49 CFR
1002.2(f)(27).\2\
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\1\ In a letter submitted on July 18, 2019, the Town of Newcomb
asserted, among other things, that the time to file a request for
interim trail use had expired. Although the Board's notice served on
September 28, 2018, stated that any request for an interim trail
use/railbanking condition would be due by October 25, 2018, the
proceeding was held in abeyance on October 23, 2018, before the
deadline for such requests.
\2\ The Board recently updated its user fees, which will become
effective on September 6, 2019. Regulations Governing Fees for
Servs. Performed in Connection with Licensing & Related Servs.-2019
Update, EP 542 (Sub-No. 27) (STB served July 31, 2019).
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Comments on the EA will be due by September 30, 2019.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment regulations at 49 CFR pt. 1152.
Board decisions and notices are available at www.stb.gov.
Decided: August 28, 2019.
By the Board,
Allison C. Davis,
Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2019-19015 Filed 9-3-19; 8:45 am]
BILLING CODE 4915-01-P