[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Notices]
[Page 34479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14202]



[[Page 34479]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-279 (Sub-No. 5X)]


Canadian National Railway Co.--Discontinuance of Trackage Rights 
Exemption--in Erie County, NY

    The Canadian National Railway Company (CN) has filed a verified 
notice of exemption under 49 CFR part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service and Trackage Rights to 
discontinue trackage rights over a 5.3-mile portion of trackage owned 
by New York Central Lines, LLC (NYC) and operated by CSX 
Transportation, Inc., in Buffalo, Erie County, NY. The line is 
described as the following segments: (a) NYC's Chicago Line between CP-
2 and CP-5 (milepost 5.4+/-), near the south end of NYC's Seneca Yard; 
(b) NYC's Compromise Branch between CP-437 and CP-2; and (c) NYC's 
Bailey Avenue Branch between CP-T and CP-437. The line traverses United 
States Postal Service Zip Codes 14206, 14207, 14210, 14211, 14212, 
14214, 14216, 14218, and 14220.
    CN has certified that: (1) No local traffic has been handled to or 
from any customer for at least 2 years; (2) any overhead traffic routed 
over the line 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 1152.50(d)(1) (notice to governmental agencies), and 49 CFR 
1105.12 (newspaper publication) 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 July 9, 2003, unless stayed pending reconsideration. 
Petitions to stay \1\ and formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2),\2\ must be filed by June 19, 2003. 
Petitions to reopen must be filed by June 30, 2003, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c), and 
1105.8(b), respectively.
    \2\ Each offer of financial assistance 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 CN's 
representative: Michael J. Barron, Jr., Canadian National, 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: May 30, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-14202 Filed 6-6-03; 8:45 am]
BILLING CODE 4915-00-P