[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Pages 17157-17158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06349]



[Docket No. AB 279 (Sub-No. 7X)]

Canadian National Railway Company--Discontinuance of Trackage 
Rights Exemption--in St. Lawrence and Franklin Counties, N.Y.

    Canadian National Railway Company (CNR), a Class I rail carrier, 
has filed a verified notice of exemption under 49 CFR part 1152 subpart 
F--Exempt Abandonments and Discontinuances of Service to discontinue 
approximately 22.3 miles of limited local and overhead trackage rights 
on a line of railroad owned by CSX Transportation, Inc. (CSXT), 
extending from milepost 160.8 in Massena, N.Y., to milepost 183.1 at 
the U.S.-Canadian border near Fort Covington, N.Y., in St. Lawrence and 
Franklin Counties, N.Y. (the Line).\1\ The Line traverses U.S. Postal 
Service Zip Codes 12937, 12914, 13613, and 13662.

    \1\ The Line is among those lines currently proposed to be 
acquired by an affiliate of CNR. See Bessemer & Lake Erie R.R.--
Acquis. & Operation--Certain Rail Lines of CSX Transp., Inc. in 
Onondaga, Oswego, Jefferson, St. Lawrence & Franklin Ctys., N.Y., 
Docket No. FD 36347. CNR certifies that it has served its verified 
notice on all parties of record in that acquisition proceeding.

    CNR has certified that: (1) No local traffic has moved over the 
Line for at least two years via CNR's trackage rights; (2) any overhead 
traffic handled by CNR on the Line could be rerouted over other lines; 
(3) no formal complaint filed by a user of CNR rail service on the Line 
(or by a state or local government entity acting on behalf of such 
user) regarding cessation of service on the Line is pending either with 
the Surface Transportation Board (Board) or with any U.S. District 
Court or has been decided in favor of complainant within

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the two-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 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 
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) \2\ to subsidize continued rail service has 
been received, this exemption will be effective on April 25, 2020, 
unless stayed pending reconsideration.\3\ Petitions to stay that do not 
involve environmental issues must be filed by April 3, 2020, and formal 
expressions of intent to file an OFA to subsidize continued rail 
service under 49 CFR 1152.27(c)(2) \4\ must be filed by April 6, 
2020.\5\ Petitions to reopen must be filed by April 15, 2020, with the 
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001. A copy of any petition filed with the Board should be sent to 
CNR's representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.

    \2\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ CNR states that it intends to consummate the discontinuance 
of its trackage rights on the Line on April 26, 2020, or upon 
consummation of the transaction proposed in Docket No. FD 36347, 
whichever is later.
    \4\ The filing fee for OFAs can be found at 49 CFR 
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during abandonment, this discontinuance does 
not require an environmental review.

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 23, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-06349 Filed 3-25-20; 8:45 am]