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68226 Federal Register / Vol. 67, No.

217 / Friday, November 8, 2002 / Notices

Monday through Friday, except federal condition adequately protects affected subpart F—Exempt Abandonments to
holidays. An electronic version of this employees, a petition for partial abandon: (1) The Walden Running
document is available on the World revocation under 49 U.S.C. 10502(d) Track between approximately milepost
Wide Web at http://dms.dot.gov. must be filed. 413.90 and approximately milepost
Dated: November 5, 2002. Provided no formal expression of 418.50; and (2) the JD Industrial Track
Joel C. Richard, intent to file an offer of financial between approximately milepost 0.00
assistance (OFA) has been received, this and approximately milepost 0.60, a total
Secretary, Maritime Administration.
exemption will be effective on distance of approximately 5.20 miles in
[FR Doc. 02–28487 Filed 11–7–02; 8:45 am]
December 10, 2002, unless stayed Erie County, NY.1 The line traverses
BILLING CODE 4910–81–P
pending reconsideration. Petitions to United States Postal Service Zip Codes
stay and formal expressions of intent to 14086, 14031, 14225, 14227, and 14206.
file an OFA under 49 CFR RJCN has certified that: (1) No local
DEPARTMENT OF TRANSPORTATION traffic has moved over the line for the
1152.27(c)(2),2 must be filed by
Surface Transportation Board November 18, 2002. Petitions to past 2 years; (2) there is no overhead
reopen 3 must be filed by November 29, traffic on the line; (3) no formal
[STB Docket No. AB–156 (Sub–No. 22X)] 2002, with: Surface Transportation complaint filed by a user of rail service
Board, 1925 K Street, NW., Washington, on the line (or by a state or local
Delaware & Hudson Railway Company government entity acting on behalf of
d/b/a Canadian Pacific Railway— DC 20423.
A copy of any petition filed with the such user) regarding cessation of service
Discontinuance of Trackage Rights over the line either is pending with the
Board should be sent to D&H
Exemption—in Niagara County, NY Surface Transportation Board (Board) or
representative: Diane P. Gerth, Leonard,
Delaware & Hudson Railway Street and Deinard Professional with any U.S. District Court or has been
Company d/b/a Canadian Pacific Association, 150 South Fifth Street, decided in favor of complainant within
Railway (D&H) has filed a notice of Suite 2300, Minneapolis, MN 55402. the 2-year period; and (4) the
exemption under 49 CFR 1152 subpart If the verified notice contains false or requirements at 49 CFR 1105.7
F—Exempt Abandonments and misleading information, the exemption (environmental reports), 49 CFR 1105.8
Discontinuances of Service and is void ab initio. (historic reports), 49 CFR 1105.11
Trackage Rights to discontinue trackage Board decisions and notices are (transmittal letter), 49 CFR 1105.12
rights over a 0.15-mile portion of available on our Web site at (newspaper publication), and 49 CFR
trackage owned by Canada Southern WWW.STB.DOT.GOV. 1152.50(d)(1) (notice to governmental
Railway Company (CSR) from a point on Decided: October 29, 2002. agencies) have been met.
the international railway bridge at As a condition to this exemption, any
By the Board, David M. Konschnik,
Niagara Falls, milepost 0.15, to a point employee adversely affected by the
Director, Office of Proceedings.
where the trackage joins the CSX abandonment shall be protected under
Vernon A. Williams,
Transportation, Inc. trackage, milepost Oregon Short Line R. Co.—
Secretary. Abandonment—Goshen, 360 I.C.C. 91
0.0, in Niagara County, NY.1 The line
traverses United States Postal Service [FR Doc. 02–28070 Filed 11–7–02; 8:45 am] (1979). To address whether this
Zip Code 14305. BILLING CODE 4915–00–P condition adequately protects affected
D&H has certified that: (1) No local employees, a petition for partial
traffic has moved over the line for at revocation under 49 U.S.C. 10502(d)
least 2 years; (2) any overhead traffic DEPARTMENT OF TRANSPORTATION must be filed. Provided no formal
can be rerouted over other lines; (3) no expression of intent to file an offer of
Surface Transportation Board
formal complaint filed by a user of rail financial assistance (OFA) has been
service on the line (or by a state or local [STB Docket No. AB–550 (Sub–No. 2X)] received, this exemption will be
government entity acting on behalf of effective on December 11, 2002 unless
such user) regarding cessation of service R.J. Corman Railroad Company/ stayed pending reconsideration.
over the line either is pending with the Allentown Lines, Inc.—Abandonment Petitions to stay that do not involve
Surface Transportation Board (Board) or Exemption—in Erie County, NY environmental issues,2 formal
with any U.S. District Court or has been R.J. Corman Railroad Company/ expressions of intent to file an OFA
decided in favor of complainant within Allentown Lines, Inc. (RJCN) has filed a under 49 CFR 1152.27(c)(2),3 and trail
the 2-year period; and (4) the notice of exemption under 49 CFR 1152 use/rail banking requests under 49 CFR
requirements at 49 CFR 1105.11 1152.29 must be filed by November 18,
(transmittal letter), 49 CFR 1105.12 2 Each OFA must be accompanied by the filing
(newspaper publication), and 49 CFR fee, which currently is set at $1,100. See 49 CFR 1 RJCN notes that it acquired the subject line from

1152.50(d)(1) (notice to governmental 1002.2(f)(25). Consolidated Rail Corporation pursuant to an offer


agencies) have been met. 3 Because this is a discontinuance proceeding, of financial assistance in Consolidated Rail
trail use/rail banking and public use conditions are Corporation—Abandonment Exemption—in Erie
As a condition to this exemption, any County, NY, STB Docket No. AB–167 (Sub–No.
not appropriate. This proceeding is exempt from
employee adversely affected by the environmental and historic reporting requirements. 1164X) (Served Sept. 30, 1996).
discontinuance shall be protected under D&H only intends to discontinue service over the 2 The Board will grant a stay if an informed

Oregon Short Line R. Co.— line. Because D&H’s discontinuance of trackage decision on environmental issues (whether raised
rights will merely result in the cessation of service by a party or by the Board’s Section of
Abandonment—Goshen, 360 I.C.C. 91 Environmental Analysis (SEA) in its independent
over the line, and has not sought abandonment
(1979). To address whether this authority, this proceeding is exempt from the investigation) cannot be made before the
reporting requirements listed above and no exemption’s effective date. See Exemption of Out-
1 D&H notes that the 0.15-mile trackage rights environmental documentation will be prepared. See of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
sought to be discontinued are overhead rights over 49 CFR 1105.6(c)(6) and 1105.8(a) and (b). Because request for a stay should be filed as soon as possible
trackage owned by CSR, for which CSR is seeking CSR is seeking abandonment authority with respect so that the Board may take appropriate action before
abandonment authority in Canada Southern to this line in STB Docket No. AB–584 (Sub-No. the exemption’s effective date.
Railway Company—Abandonment Exemption—in 1X), See supra note 1, environmental issues related 3 Each OFA must be accompanied by the filing

Niagara County, NY, STB Docket No. AB–584 (Sub- to abandonment will be addressed in this fee, which currently is set at $1,100. See 49 CFR
No. 1X) (STB served Oct. 22, 2002). proceeding. 1002.2(f)(25).

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices 68227

2002. Petitions to reopen or requests for DEPARTMENT OF TRANSPORTATION on security measures, or operated in
public use conditions under 49 CFR accordance with a security program.
1152.28 must be filed by November 29, Transportation Security Administration There are approximately 850 operators
2002, with: Surface Transportation [Docket No. TSA–2002–11604] subject to this new standard, and many
Board, 1925 K Street, NW., Washington, are having a great deal of difficulty
DC 20423. Security Programs For Aircraft 12,500 completing the CHRC and training
A copy of any petition filed with the Pounds or More requirements, for a variety of reasons.
Board should be sent to RJCN’s AGENCY: Transportation Security Many operators are located in remote
representative: Edward J. Fishman, Administration (TSA), DOT. areas where there are no aviation
Kirkpatrick & Lockhart LLP, 1800 ACTION: Notice.
organizations available that typically
Massachusetts Avenue—2nd Floor, assist with the fingerprinting process.
Washington, DC 20036. SUMMARY: This notice extends the date Some operators have attempted to
If the verified notice contains false or on which operators must be in capture fingerprints by using a local law
misleading information, the exemption compliance with the Twelve-Five enforcement agency or other security
is void ab initio. Standard Security Program, from establishment, and the fingerprints are
December 1, 2002 to February 1, 2003. not taken correctly, or the appropriate
RJCN has filed an environmental chain of custody does not exist, and so
DATES: Compliance date: February 1,
report which addresses the 2003. these prints must be disqualified. In
abandonment’s effects, if any, on the addition, many of the operators do not
environment and historic resources. FOR FURTHER INFORMATION CONTACT:
Emily Chodkowski, Transportation have access to the databases that contain
SEA will issue an environmental CHRC information, and so completing
assessment (EA) by November 15, 2002. Security Specialist, Office of Security
Regulation and Policy, telephone: (202) the search is not possible. Finally, many
Interested persons may obtain a copy of of the operators have just one or two
the EA by writing to SEA (Room 500, 385–1838, email:
Emily.Chodkowski@tsa.dot.gov. employees, and so special procedures
Surface Transportation Board, must be put in place to prevent an
Washington, DC 20423) or by calling SUPPLEMENTARY INFORMATION: On
operator from reviewing his or her own
SEA, at (202) 565–1552. (Assistance for February 22, 2002, TSA published a
CHRC information, or the CHRC of an
the hearing impaired is available final rule in the Federal Register (67 FR
employee who may be a family member
through the Federal Information Relay 8205), known as the ‘‘Twelve-Five
Rule,’’ that, in part, required new or friend. TSA is working internally and
Service (FIRS) at 1–800–877–8339.) with these operators to establish
Comments on environmental and security measures for operators of
aircraft with a maximum certificated processes that will facilitate completing
historic preservation matters must be the CHRC requirement to avoid all of
filed within 15 days after the EA takeoff weight of 12,500 pounds or
more. See 49 CFR part 1544. Under the these problems. However, it is clear that
becomes available to the public. a large number of affected operators will
rule, these operators must adopt and
Environmental, historic preservation, carry out certain security measures not be able to meet the December 1,
public use, or trail use/rail banking approved by TSA, generally known as 2002, compliance date on flight crew
conditions will be imposed, where the ‘‘Twelve-Five Security Program.’’ As CHRCs.
appropriate, in a subsequent decision. published, the effective date of the The security program requires
Pursuant to the provisions of 49 CFR Twelve-Five Rule was June 24, 2002. security training for individuals
1152.29(e)(2), RJCN shall file a notice of This document does not alter that date. involved in Twelve-Five operations.
consummation with the Board to signify On August 28, 2002, TSA published a Due to the high number of operators,
that it has exercised the authority notice in the Federal Register (67 FR their lack of prior exposure to security
granted and fully abandoned its line. If 55308) announcing that it would issue
training programs, and the decentralized
the Twelve-Five Security Program to
consummation has not been effected by nature of this sector of the industry, an
affected entities for review and
RJCN’s filing of a notice of organized training regime has not been
comment. Security programs constitute
consummation by November 8, 2003, established. TSA is developing a
sensitive security information (SSI),
and there are no legal or regulatory which can be disclosed only to persons template curriculum that will provide
barriers to consummation, the authority with a need to know, in accordance operators with the appropriate
to abandon will automatically expire. with 49 CFR part 1520. Therefore, the information to create a security training
Board decisions and notices are Twelve-Five Security Program could be program.
available on our Web site at distributed only to affected operators for For all of the foregoing reasons, TSA
WWW.STB.DOT.GOV. comment. TSA also stated in the Notice has determined that the compliance
that all operators were required to date for the Twelve-Five Security
Decided: October 29, 2002.
operate in accordance with the security Program must be extended to February
By the Board, David M. Konschnik, program by December 1, 2002.
Director, Office of Proceedings.
1, 2003.
Many of the operators subject to the
Vernon A. Williams, Twelve-Five Security Program are small Issued in Washington, DC, on November 1,
entities that were not subject to aviation 2002.
Secretary.
[FR Doc. 02–28073 Filed 11–7–02; 8:45 am] security regulations prior to issuance of Thomas Blank,
BILLING CODE 4915–00–P
this rule. Consequently, these operators Associate Under Secretary for Security
have not previously conducted Regulation and Policy.
fingerprint-based criminal history [FR Doc. 02–28644 Filed 11–6–02; 12:02 pm]
record checks (CHRC) on their BILLING CODE 4910–62–P
employees, trained staff, and flight crew

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