[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Notices]
[Page 68226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28070]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-156 (Sub-No. 22X)]


Delaware & Hudson Railway Company d/b/a Canadian Pacific 
Railway--Discontinuance of Trackage Rights Exemption--in Niagara 
County, NY

    Delaware & Hudson Railway Company d/b/a Canadian Pacific Railway 
(D&H) has filed a notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments and Discontinuances of Service and Trackage Rights 
to discontinue trackage rights over a 0.15-mile portion of trackage 
owned by Canada Southern Railway Company (CSR) from a point on the 
international railway bridge at Niagara Falls, milepost 0.15, to a 
point where the trackage joins the CSX Transportation, Inc. trackage, 
milepost 0.0, in Niagara County, NY.\1\ The line traverses United 
States Postal Service Zip Code 14305.
---------------------------------------------------------------------------

    \1\ D&H notes that the 0.15-mile trackage rights sought to be 
discontinued are overhead rights over trackage owned by CSR, for 
which CSR is seeking abandonment authority in Canada Southern 
Railway Company--Abandonment Exemption--in Niagara County, NY, STB 
Docket No. AB-584 (Sub-No. 1X) (STB served Oct. 22, 2002).
---------------------------------------------------------------------------

    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 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 1105.11 
(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 discontinuance 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 December 10, 2002, unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2),\2\ must be filed by November 18, 2002. Petitions 
to reopen \3\ must be filed by November 29, 2002, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423.
---------------------------------------------------------------------------

    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding, trail use/rail 
banking and public use conditions are not appropriate. This 
proceeding is exempt from environmental and historic reporting 
requirements. D&H only intends to discontinue service over the line. 
Because D&H's discontinuance of trackage rights will merely result 
in the cessation of service over the line, and has not sought 
abandonment authority, this proceeding is exempt from the reporting 
requirements listed above and no environmental documentation will be 
prepared. See 49 CFR 1105.6(c)(6) and 1105.8(a) and (b). Because CSR 
is seeking abandonment authority with respect to this line in STB 
Docket No. AB-584 (Sub-No. 1X), See supra note 1, environmental 
issues related to abandonment will be addressed in this proceeding.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to D&H 
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.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 29, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-28070 Filed 11-7-02; 8:45 am]
BILLING CODE 4915-00-P