Order No. 1990-R-732

December 21, 1990

December 21, 1990

IN THE MATTER OF an application by CSX Transportation, Inc. and Lake Erie and Detroit River Railway Company (hereinafter the applicant) pursuant to section 160 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) for authority to abandon the operation of the Canadian Subdivision No. 1 from Harrow (mileage 21.00) to Arner (mileage 27.68) (hereinafter the branch line), a total distance of 6.68 miles, in the Province of Ontario.

File No. T 6125/820


WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on June 22, 1990;

AND WHEREAS opposition to the proposed abandonment of the operation of the branch line was received by the Agency within the period set out in section 161 of the NTA, 1987;

AND WHEREAS the Agency has determined that a public hearing was not necessary and that the Decision could be rendered based on the information on file;

AND WHEREAS the Agency has reviewed all the submissions and material on file, and in accordance with the Decision of the Agency.

THE AGENCY HEREBY:

  1. Determines that the amount of profit for the year 1987 and the amounts of actual loss incurred in the operation of the branch line for the prescribed financial years of 1988 and 1989, are as shown in the Decision of the Agency.
  2. Determines that:

    a)the branch line is at present uneconomic; and

    b)there is no reasonable probability of the branch line becoming economic in the foreseeable future.

NOW THEREFORE, IT IS HEREBY ORDERED THAT:

The operation of the branch line be abandoned six (6) months from the date of the Order.

THE AGENCY HEREBY REQUESTS THAT:

The applicant advise the Agency in writing of the dates upon which:

i) the operation of the branch line has been abandoned, and

ii) the trackage and other facilities were removed.

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