[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Page 23466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11592]



[[Page 23466]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 
49 U.S.C. 20502(a), the following railroad has petitioned the Federal 
Railroad Administration (FRA) seeking approval for the discontinuance 
or modification of the signal system or relief from the requirements of 
49 CFR Part 236, as detailed below.

Docket Number FRA-2009-0040

    Applicant: Western New York & Pennsylvania Railroad, LLC, Mr. Carl 
P. Belke, President and Chief Operating Officer, 3146 Constitution 
Avenue, Olean, New York 14760.
    The Western New York & Pennsylvania Railroad, LLC (WNYP) seeks 
approval of the proposed discontinuance and removal of signal systems 
on three sections of the Buffalo Line between North Driftwood, 
Pennsylvania, and Machias, New York. The three sections are:
    1. The discontinuance and removal of the Block Signal System, 
Interlocking and Traffic Control System between Machias (MP BR44.5) and 
CP North Olean (MP BR66.4).
    2. The discontinuance and removal of the Block Signal System, 
Interlocking and Traffic Control System between CP-South Olean (MP BR 
73.0 and CP-Kean (MP BR97.0).
    3. The discontinuance and removal of the Block Signal System, 
Interlocking and Traffic Control System between CP-Kean (MP BR97.0) and 
North Driftwood (MP BR 134.0).
    The reason given for the proposed changes is the low traffic 
density on all three sections.
    Any interested party desiring to protest the granting of an 
application shall set forth specifically the grounds upon which the 
protest is made, and include a concise statement of the interest of the 
party in the proceeding. Additionally, one copy of the protest shall be 
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral 
hearing. However, if a specific request for an oral hearing is 
accompanied by a showing that the party is unable to adequately present 
his or her position by written statements, an application may be set 
for public hearing.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0040) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC on May 13, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-11592 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-06-P