40329                                    SERVICE DATE – OCTOBER 29, 2009

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

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

 

BUFFALO & PITTSBURGH RAILROAD, INC.—ABANDONMENT EXEMPTION—IN ERIE AND CATTARAUGUS COUNTIES, NY

 

Decided:  October 28, 2009

 

Buffalo & Pittsburgh Railroad, Inc. (BPRR) filed a verified notice of exemption under 49 CFR 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.  Notice of the exemption was served and published in the Federal Register on October 6, 2008 (73 FR 58297).  In this decision, the Board is granting the request by the New York State Office of Parks, Recreation and Historic Preservation (NYS Office of Parks) to extend the interim trail use negotiation period.

 

By decision and notice of interim trail use or abandonment (NITU) served on November 4, 2008, the proceeding was reopened and a 180-day period was authorized for NYS Office of Parks to negotiate an interim trail use/rail banking agreement with BPRR for the right-of-way involved in this proceeding pursuant to the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act).[1]  By a decision served on May 14, 2009, the trail use negotiation period under the NITU was extended until October 31, 2009.

 

By letter dated October 19, 2009, NYS Office of Parks has requested a 180-day extension of the NITU negotiating period to April 29, 2010.  In support, NYS Office of Parks states that the parties do not anticipate being able to consummate an agreement prior to the expiration date of the trail use negotiation period, but wish to continue negotiations.  By letter dated October 22, 2009, BPRR advises that it agrees to the extension as requested by NYS Office of Parks. 

 

Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended.  An extension of the negotiating period will promote the establishment of trail use and rail banking consistent with the Trails Act. [2]  Accordingly, the NITU negotiating period will be extended for 180 days from October 31, 2009, to April 29, 2010.

 

            This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.

 

            It is ordered:

 

            1.  The NYS Office of Parks’ request to extend the negotiation period is granted.

 

            2.  The negotiating period under the NITU is extended to April 29, 2010.

 

3.  This decision is effective on its service date.

 

By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.

 

 

 

 

                                                                       

                                                                                                Anne K. Quinlan

                                                                                                Acting Secretary