[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Page 64963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26691]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-584 (Sub-No. 1X)]


Canada Southern Railway Company--Abandonment Exemption--in 
Niagara County, NY

    Canada Southern Railway Company (CSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
0.15-mile line of railroad between milepost 0.0 and milepost 0.15, in 
the city of Niagara Falls, in Niagara County, NY. The line traverses 
United States Postal Service Zip Code 14305.
    CSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be 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 November 
21, 2002,\1\ unless stayed pending reconsideration. Petitions to stay 
that do not involve environmental issues,\2\ formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by November 1, 
2002. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by November 12, 2002, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423.
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    \1\ While applicant initially indicated a proposed consummation 
date of November 15, 2002, because the verified notice was filed on 
October 2, 2002, consummation may not take place prior to November 
21, 2002. Applicant's representative has subsequently confirmed that 
consummation cannot occur before November 21, 2002.
    \2\ 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.
    \3\ Each 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 CSR's 
representative: Diane P. Gerth, Leonard, Street and Deinard 
Professional Association, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSR 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 October 
25, 2002. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or 
by calling SEA, at (202) 565-1552. [Assistance for the hearing impaired 
is available through the Federal Information Relay Service (FIRS) at 1-
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), CSR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by CSR's filing of a notice of 
consummation by October 22, 2003, 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 
WWW.STB.DOT.GOV.

    Decided: October 15, 2002.

    By the Board, Beryl Gordon, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-26691 Filed 10-21-02; 8:45 am]
BILLING CODE 4915-00-P