[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Notices]
[Pages 18724-18725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9328]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34322]


Canadian National Railway Company--Trackage Rights Exemption--CSX 
Transportation, Inc. and New York Central Lines, LLC

    New York Central Lines, LLC (NYC) and CSX Transportation, Inc. 
(CSXT) have agreed to grant overhead trackage rights to Canadian 
National Railway Company (CN) over segments of the following rail lines 
owned by NYC and operated by CSXT: (1) NYC's Niagara Branch at CP-7 
(generally between milepost 7.1+/- and milepost 7.2+/-), between the 
connection with CN at the easterly end of CN's International Bridge and 
the connection with NYC's Belt Line Branch at Buffalo (Black Rock), NY; 
(2) NYC's Belt Line Branch between the connection with NYC's Niagara 
Branch at CP-7 (milepost 7.2+/-) at Buffalo (Black Rock), NY, and NYC's 
Chicago Line at CP-437 (milepost 0.0+/-) at Buffalo, NY; and (3)(a) 
NYC's Chicago Line, between the connection with NYC's Belt Line Branch 
and NYC's connection with PRR's Howard Street Running Track at CP-437 
at Buffalo, NY; and (b) between CP-437 at Buffalo, NY, and the 
connection between NYC and the South Buffalo Railway Company (SBRR) at 
the west end of NYC's Seneca Yard near milepost 5.0+/- of NYC's Chicago 
Line, via either (i)(a) Chicago Line between CP-437 and CP-2, or (b) 
Compromise Branch between CP-437 and CP-2, and (ii) NYC's designated 
Seneca Yard trackage between CP-2 and CP-5, a total of approximately 
12.8 miles, depending on the route, including such NYC Seneca Yard 
trackage as CN shall require to reasonably interchange or conduct 
interchange with SBRR or Buffalo & Pittsburgh Railroad Inc. (BPRR).
    The transaction was scheduled to be consummated on April 3, 2003 (7 
days after the notice was filed).
    The purpose of this transaction is to amend the trackage rights 
granted to CN in Canadian National Railway Company--Trackage Rights 
Exemption--New York Central Lines LLC, STB Finance Docket 33769 (STB 
served June 29, 1999); and Canadian National Railway Company--Trackage

[[Page 18725]]

Rights Exemption--New York Central Lines LLC, STB Finance Docket No. 
33798 (STB served Sept. 17, 1999).
    The amended trackage rights will facilitate CN's interchange with 
BPRR and CN's interchange with the Norfolk Southern Railway Company. In 
addition, the amended trackage rights will allow CN to easily access 
its already existing trackage rights and lessen traffic on segments of 
the NYC's Compromise Branch Line and NYC's Chicago Line.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34322, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Michael J. Barron, Jr., 
Canadian National Railway Company, 455 North Cityfront Plaza Drive, 
Chicago, IL 60611-5317.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: April 8, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-9328 Filed 4-15-03; 8:45 am]
BILLING CODE 4915-00-P