[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Notices]
[Page 76773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31459]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-279 (Sub-No. 4X)]


Canadian National Railway Company--Discontinuance of Trackage 
Rights Exemption--in Niagara County, NY

    Canadian National Railway Company (CN) 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.
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    \1\ CN 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).
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    CN has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) any potential 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 January 14, 2003, 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 December 23, 2002. Petitions 
to reopen \3\ must be filed by January 2, 2003, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423.
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    \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. CN only intends to discontinue service over the line. 
Because CN's discontinuance of trackage rights will merely result in 
the cessation of service over the line, and CN 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 that proceeding.
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    A copy of any petition filed with the Board should be sent to CN's 
representative: Michael J. Barron, Jr., Counsel for Canadian National 
Railway Company, Canadian National/Illinois Central, 455 North 
Cityfront Plaza Drive, Chicago, IL 60611-5317.
    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 http://www.stb.dot.gov.

    Decided: December 5, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-31459 Filed 12-12-02; 8:45 am]
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