Federal Register, Volume 69 Issue 137 (Monday, July 19, 2004)

[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Notices]
[Page 43054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16337]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-873X, AB-55 (Sub-No. 652X), AB-565 (Sub-No. 17X)]


New York and Eastern Railway, LLC--Discontinuance Exemption--in 
Poughkeepsie, Dutchess County, NY; CSX Transportation, Inc.--
Discontinuance Exemption--in Poughkeepsie, Dutchess County, NY; New 
York Central Lines, LLC--Abandonment Exemption--in Poughkeepsie, 
Dutchess County, NY

    On June 29, 2004, New York and Eastern Railway, LLC (NY&E), CSX 
Transportation, Inc. (CSXT), and New York Central Lines, LLC (NYC) 
(collectively, petitioners) jointly filed with the Surface 
Transportation Board a petition under 49 U.S.C. 10502 for exemption 
from the provisions of 49 U.S.C. 10903 for NY&E and CSXT to discontinue 
service over and for NYC to abandon an approximately 4.7-mile line of 
railroad between milepost QCO 0.0 and milepost QCO 3.2 and between 
milepost QCK 29.5 and milepost QCK 31.0, in the City and Town of 
Poughkeepsie, Dutchess County, NY.\1\ The line traverses U.S. Postal 
Service ZIP Codes 12601 and 12603, and includes the station of 
Poughkeepsie.
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    \1\ NY&E and CSXT lease the line from NYC.
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    The line does not contain federally granted rights-of-way. Any 
documentation in NYC's possession will be made available promptly to 
those requesting it.
    In STB Docket No. AB-873X, NY&E proposes to discontinue service 
over this line, which constitutes its entire operations. When issuing 
discontinuance authority for railroad lines that constitute the 
carrier's entire system, the Board does not impose labor protection, 
except in specifically enumerated circumstances. See Northampton and 
Bath R. Co.--Abandonment, 354 I.C.C. 784, 785-86 (1978) (Northampton). 
Therefore, if the Board grants the petition for exemption, in the 
absence of a showing that one or more of the exceptions articulated in 
Northampton are present, no labor protective conditions would be 
imposed. In STB Docket No. AB-55 (Sub-No. 652X) and STB Docket No. AB-
565 (Sub-No. 17X), the interests of CSXT and NYC railroad employees 
will be protected by the conditions set forth in Oregon Short Line R. 
Co.--Abandonment-Goshen, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by October 15, 2004.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,100 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than August 9, 2004. Each trail use 
request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-873X, et al. and must be sent to: (1) Surface Transportation Board, 
1925 K Street, NW., Washington, DC 20423-0001; and (2) John D. Heffner, 
1920 N Street, NW., Suite 800, Washington, DC 20036. Replies to the 
petition are due on or before August 9, 2004.
    Persons seeking further information concerning abandonment and 
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Section of 
Environmental Analysis (SEA) at (202) 565-1539. (Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.)
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA, will be served upon all parties 
of record and upon any agencies or other persons who commented during 
its preparation. Other interested persons may contact SEA to obtain a 
copy of the EA (or EIS). EAs in these abandonment proceedings normally 
will be made available within 60 days of the filing of the petition. 
The deadline for submission of comments on the EA will generally be 
within 30 days of its service.
    Board decisions and notices are available on the Board's Web site 
at http://www.stb.dot.gov.

    Decided: July 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-16337 Filed 7-16-04; 8:45 am]
BILLING CODE 4915-01-P