[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Pages 17157-17158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06349]
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SURFACE TRANSPORTATION BOARD
[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.
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\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.
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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
[[Page 17158]]
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
filed.
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.
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\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
1002.2(f)(25).
\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.
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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]
BILLING CODE 4915-01-P