2013-10076. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System

In accordance with Part 235 of Title 49 Code of Federal Regulations and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated March 26, 2013, the Western New York & Pennsylvania Railroad, LLC (WNYP) has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA-2013-0037.

Applicant: Western New York & Pennsylvania Railroad, LLC, Mr. Carl P. Belke, President and Chief Operating Officer, 3146 Constitution Avenue, Olean, New York 14760.

WNYP seeks approval of the proposed discontinuance of the remaining automatic block signal, interlocking, and traffic control system from Control Point (CP) South Olean at Milepost (MP) BR73.0 up to and including CP North Olean at MP BR66.49 on WNYP's Buffalo Line, as well as on WNYP's Main Line from MP JC-393 to MP JC-397.86, which crosses the Buffalo Line at grade at CP Olean in Olean, NY. All power-operated switches in the application area will be converted to hand operation. Operation will be governed by the General Code of Operating Rules track warrant control limit rules, using a computer-aided dispatching system.

In its petition, WNYP states that it requests the proposed changes due to the reduction in train service activity and a need to eliminate unused and unnecessary track and track appurtenances.

A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation's Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request.

All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods:

• Web site: http://www.regulations.gov. Follow the online instructions for submitting comments.
• Fa x: 202-493-2251.
• Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Communications received by June 14, 2013 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable.

Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). See http://www.regulations.gov/​#!privacyNotice for the privacy notice of regulations.gov or interested parties may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477).

Issued in Washington, DC, on April 24, 2013.

Robert C. Lauby,

Deputy Associate Administrator for Regulatory and Legislative Operations.