[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 35113-35114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14254]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 279 (Sub-No. 6X)]


Canadian National Railway Company--Abandonment Exemption--in 
Niagara County, NY

    On May 23, 2012, Canadian National Railway Company (CNR) filed with 
the Surface Transportation Board (Board) a petition under 49 U.S.C. 
10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon 
the entire U.S. portion of its Grimsby Subdivision. The rail line 
extends from approximately milepost 0.20 to approximately milepost 0.35 
in the City of Niagara Falls, Niagara County, N.Y., a distance of 0.15 
mile.\1\ Specifically, 0.10 mile of the rail line is located on the 
upper deck of the U.S. portion of the Whirlpool Rapids Bridge.\2\ The 
remaining 0.05 mile of the rail line consists of single track in 
Niagara Falls, extending between the eastern end of the Bridge and the 
beginning of the Niagara Branch of CSX Transportation, Inc. The line 
traverses United States Postal Service Zip Code 14305.
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    \1\ CNR states that its Grimsby Subdivision lies partly in 
Canada and partly in the United States. The U.S. portion of the 
Subdivision is one of only a few CNR segments that extend briefly 
into the United States and that are owned and operated by CNR, 
rather than by one of CNR's U.S. operating affiliates.
    \2\ The Whirlpool Rapids Bridge is an international rail/highway 
bridge that crosses the Niagara River between Niagara Falls, N.Y., 
and Niagara Falls, Ontario, Canada, and is owned by the bi-national 
Niagara Falls Bridge Commission.
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    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
CNR seeks exemption from 49 U.S.C. 10904 (offer of financial assistance 
(OFA) procedures) and 49 U.S.C. 10905 (public use conditions). In 
support, CNR states that, upon consummation of the abandonment 
authority it seeks, the line is expected to be used for continued rail 
passenger service as part of Niagara Falls' plans to develop enhanced 
rail passenger and intermodal service, and that there is no overriding 
public need for continued freight rail service. CNR also seeks 
expedited action in this proceeding. CNR states that expedited handling 
is being requested so that Federal funding for the proposed Niagara 
Falls International Railway Station and International Transportation 
Center may be released in time to permit construction during the 2012 
construction season. These requests will be addressed in the final 
decision.
    According to CNR, the line does not contain Federally granted 
rights-of-way. Any documentation in CNR's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by September 10, 2012.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption. 
Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than July 2, 2012. Each trail use 
request must be accompanied by a $250 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
279 (Sub-No.6X), and must be sent to: (1) Surface Transportation Board, 
395 E Street SW., Washington, DC 20423-0001; and (2) David A. Hirsh, 
Harkins Cunningham LLP, 1700 K Street NW., Suite 400, Washington, DC 
20006. Replies to CNR's petition are due on or before July 2, 2012.
    Persons seeking further information concerning abandonment 
procedures

[[Page 35114]]

may contact the Board's Office of Public Assistance, Governmental 
Affairs, and Compliance at (202) 245-0238 or refer to the full 
abandonment or discontinuance regulations at 49 CFR pt. 1152. Questions 
concerning environmental issues may be directed to the Board's Office 
of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''


    Decided: June 7, 2012.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-14254 Filed 6-11-12; 8:45 am]
BILLING CODE 4915-01-P