[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Notices]
[Pages 8426-8427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3170]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34659]


South Buffalo Railway Company--Trackage Rights Exemption--Buffalo 
& Pittsburgh Railroad, Inc.

    Buffalo & Pittsburgh Railroad, Inc. (BPRR), has agreed to grant 
overhead trackage rights to South Buffalo Railway Company (SB) over 
BPRR's line of railroad on or near the Buffalo City line up to (but not 
including) the Control Point Draw Bridge, in the City of Buffalo, Erie 
County, NY,\1\ a total distance of approximately 2 miles.\2\
---------------------------------------------------------------------------

    \1\ In a related proceeding, Buffalo & Pittsburgh Railroad, 
Inc.--Lease and Operation Exemption--South Buffalo Railway Company, 
STB Finance Docket No. 34563 (STB served Dec. 23, 2004), BPRR was 
authorized to lease from its affiliate SB and operate the subject 
line. In that petition, the line was described as extending between 
approximately milepost 0.0 and approximately milepost 2.0.
    \2\ On February 3, 2005, SB filed a copy of the Amended and 
Restated Trackage Rights Agreement between SB and BPRR.
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or after the 
February 7, 2005 effective date of the exemption.
    The purpose of the trackage rights is to allow SB to continue to 
interchange with BPRR and other carriers accessible from the 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

[[Page 8427]]

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 it 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. 34659, 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 Rose-Michele Weinryb, Weiner 
Brodsky Sidman Kider PC, Fifth Floor, 1300 19th Street, NW., 
Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 11, 2005.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3170 Filed 2-17-05; 8:45 am]
BILLING CODE 4915-01-P