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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Notices]
[Page 35774-35775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-127]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-156 (Sub-No. 23X)]
 
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 under 49 CFR 
1152 Subpart F--Exempt Abandonments to abandon a 9.14+/- mile portion 
of railroad known as the Albany Main or the Voorheesville Running 
Track, between milepost 10.94+/- and milepost 1.8+/- in Albany County, 
NY. The line traverses United States Postal Service Zip Codes 12202, 
12207, 12054, and 12186.
    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 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 July 16, 
2003, 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 June 26, 2003. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by July 7, 2003, with: Surface Transportation Board, 1925 
K Street, NW., Washington, DC 20423-0001.
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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\ Each of OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Diane P. Gerth, 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 an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by June 20, 
2003. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 565-1552. [Assistance for the hearing impaired 
is available through the Federal Information Relay Service (FIRS) at 1-

[[Page 35775]]

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 16, 2004, 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. Exit Disclaimer

    Decided: June 9, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 03-14974 Filed 6-13-03; 8:45 am]
BILLING CODE 4915-00-P

 
 

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