61904 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Notices 

1A redacted version of the trackage rights 

agreement between CPRC and NSR was filed with 

the notice of exemption. The full version of the 

agreement, as required by 49 CFR 1180.6(a)(7)(ii), 

was concurrently filed under seal along with a 

motion for protective order. A protective order was 

served on October 8, 2004.

2CPRC will acquire the trackage rights by 

assignment from its affiliate, Delaware and Hudson 

Railway Company, Inc. (D&H).

3By decision served on October 7, 2004, the 

effective date of this trackage rights exemption was 

stayed until October 27, 2004, to allow for review 

of certain documents, filing of a petition to revoke, 

and the Board’s consideration of the stay request 

filed in this proceeding. Accordingly, 

consummation of the transaction cannot occur until 

October 27, 2004, at the earliest, but, as noted, the 

parties anticipate consummation at some time after 

the Board acts on the petition for exemption in STB 

Docket No. AB–156 (Sub-No. 25X).

Railway Company (NSR),1 NSR has 

agreed to grant CPRC approximately 

12.5 miles of overhead trackage rights in 

the vicinity of Buffalo, NY, over: (a) 

NSR’s Southern Tier Line between 

milepost 413.0± and the western end of 

the Southern Tier Line at milepost 

419.8± (including tracks into NSR’s 

Bison Yard), a distance of 

approximately 6.8 miles; (b) NSR’s 

Bison Running Track between the point 

of connection with the Southern Tier 

Line at milepost 419.8± and the point of 

connection with the lines of CSX 

Transportation, Inc. (CSXT) at milepost 

423.3±, a distance of approximately 3.5 

miles; and (c) NSR’s Howard Street 

Running Track between the point of 

connection with the Bison Running 

Track at milepost 420.15± and the point 

of connection with the lines of CSXT at 

milepost 422.3±, a distance of 

approximately 2.15 miles.2

The transaction will be consummated 

on a date mutually agreed in writing 

between CPRC and NSR, which shall 

not occur until the effective date of any 

required Board approval of the petition 

for exemption filed by D&H in Delaware 

and Hudson Railway Company—

Discontinuance of Trackage Rights—in 

Susquehanna County, PA and Broome, 

Tioga, Chemung, Steuben, Allegany, 

Livingston, Wyoming, Erie and Genesee 

Counties, NY, STB Docket No. AB–156 

(Sub-No. 25X) (including compliance 

with any conditions imposed by the 

Board in connection with such approval 

or exemption).3

The purpose of the trackage rights is 

to allow CPRC to access customers via 

switching in the Buffalo terminal area, 

and to interchange traffic with other rail 

carriers along the Southern Tier Line 

and in the Buffalo Terminal Area. 

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 

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. 34561, 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 Terence M. 

Hynes, Sidley Austin Brown & Wood 

LLP, 1501 K Street, NW., Washington, 

DC 20005. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: October 13, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–23449 Filed 10–20–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–156 (Sub No. 25X)] 

Delaware and Hudson Railway 

Company—Discontinuance of 

Trackage Rights—in Susquehanna 

County, PA and Broome, Tioga, 

Chemung, Steuben, Allegany, 

Livingston, Wyoming, Erie, and 

Genesee Counties, NY 

On October 1, 2004, Delaware and 

Hudson Railway Company, Inc. (D&H) 

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 for D&H 

to discontinue overhead trackage rights 

over approximately 229.55 miles of 

railroad line owned and operated by 

Norfolk Southern Railway Company 

(NSR) between Lanesboro, PA, and 

Buffalo, NY. The specific lines proposed 

for discontinuance by D&H include: (1) 

NSR’s line between milepost 189.8± in 

Lanesboro, PA, and CP Coles at milepost 

210.9± in Binghamton, NY; (2) NSR’s 

Southern Tier Line between milepost 

217.0± in Binghamton, NY, and 

milepost 419.8± in Buffalo, NY; (3) 

NSR’s Bison Running Track between the 

point of connection with the Southern 

Tier Line at milepost 419.8± and the 

point of connection with the lines of 

CSX Transportation, Inc. (CSXT) at 

milepost 423.3± in Buffalo, NY 

(including NSR’s SK Yard, which D&H 

currently operates under an agreement 

between D&H and Consolidated Rail 

Corporation dated as of February 1, 

1984), a distance of approximately 3.5 

miles; and (4) NSR’s Howard Street 

Running Track between the point of 

connection with the Bison Running 

Track at milepost 420.15± and the point 

of connection with the lines of CSXT at 

milepost 422.3±, a distance of 

approximately 2.15 miles. D&H will 

retain trackage rights over NSR’s line 

between milepost 210.9± and milepost 

217.0± in Binghamton, NY, because 

D&H requires the use of that segment for 

ongoing operations in the Binghamton 

terminal area. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuance of this notice, the Board 

is instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by January 19, 

2005. 

This proceeding is exempt from 

environmental reporting requirements 

under 49 CFR 1105.6(c) and from 

historic reporting requirements under 

1105.8(b). 

All filings in response to this notice 

must refer to STB Docket No. AB–156 

(Sub-No. 25X) and must be sent to: (1) 

Surface Transportation Board, 1925 K 

Street, NW., Washington, DC 20423–

001; and (2) Terence M. Hynes, Sidley 

Austin Brown & Wood LLP, 1501 K 

Street, NW., Washington, DC 20005. 

Replies to the petition are due on or 

before November 10, 2004. 

Persons seeking further information 

concerning discontinuance procedures 

may contact the Board’s Office of Public 

Services at (202) 565–1592 or refer to 

the full discontinuance regulations at 49 

CFR part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 565–1539. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: October 13, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–23368 Filed 10–20–04; 8:45 am] 

BILLING CODE 4915–01–P