[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Page 7193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3619]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-532X]
The Cincinnati Terminal Railway Co. 1 (Indiana & Ohio
Railway Co., Successor)--Discontinuance of Service Exemption--In
Cincinnati, Hamilton County, OH
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\1\ The Cincinnati Terminal Company was merged into IORY in a
transaction that was the subject of a notice of exemption in
RailTex, Inc., Indiana & Ohio Rail Corp., Cincinnati Terminal
Railway Company, Indiana and Ohio Railroad, Inc., Indiana & Ohio
Railway Company and Indiana & Ohio Central Railroad, Inc.--Corporate
Family Transaction Exemption, STB Finance Docket No. 33530 (STB
served Jan. 9, 1998). We have accepted the notice of exemption as
filed with an amended caption to reflect CTER's merger into Indiana
and Ohio Railway Company because no party will be prejudiced and
because the lease had terminated while CTER was still the party in
interest.
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The Cincinnati Terminal Railway Company (CTER) has filed a notice
of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and
Discontinuances, to discontinue service under a lease that has been
terminated. 2 The lease was limited to certain overhead
movements over a line of railroad owned by the Norfolk and Western
Railway Company (NW) that traveled the entire Riverfront Running Track,
extending between Survey Station 84+80 and Survey Station
4+20 (former milepost LM-119+1756 feet), a
distance of approximately 1.5 miles, in Cincinnati, Hamilton County,
OH. 3 The line traverses United States Postal Service Zip
Codes 45202 and 45203. There are no stations on the line.
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\2\ See The Cincinnati Terminal Railway Co.--Lease Exemption--
Norfolk and Western Railway Company, Finance Docket No. 32519 (ICC
served Aug. 31, 1994). The lease, dated June 24, 1994, became
effective on July 1, 1994, and was later terminated by NW on May 31,
1996, effective July 1, 1996.
\3\ Concurrent filings were made in: STB Docket No. AB-290 (Sub-
No. 184X), Norfolk and Western Railway Company--Abandonment
Exemption--In Cincinnati, Hamilton County, OH, STB Docket No. AB-167
(Sub-No. 1180X), Consolidated Rail Corporation--Discontinuance of
Trackage Rights Exemption--in Cincinnati, Hamilton County, OH; and
STB Docket No. AB-31 (Sub-No. 30), Grand Trunk Western Railroad
Incorporated--Adverse Discontinuance of Trackage Rights
Application--A Line of Norfolk and Western Railway Company in
Cincinnati, Hamilton County, OH.
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CTER has certified that: (1) No local traffic has moved via CTER
pursuant to the lease rights for at least 2 years; (2) any overhead
traffic that previously moved over the line can be rerouted over other
lines; (3) no formal complaint filed by a user of rail service on the
line (or by a state or local government entity acting on behalf of such
user) regarding cessation of service over the line either is pending
with the Surface Transportation Board (Board) or with any U.S. District
Court or has been decided in favor of complainant within the 2-year
period; and (4) the requirements of 49 CFR 1105.12 (newspaper
publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies)
have been met. 4
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\4\ No environmental or historical documentation is required
here, pursuant to 49 CFR 1105.6(b)(3).
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As a condition to this exemption, any employee adversely affected
by the discontinuance shall be protected under Oregon Short Line R.
Co.--Abandonment-- Goshen, 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) to subsidize continued rail service has been
received, this exemption will be effective on March 14, 1998,
5 unless stayed pending reconsideration. Petitions to stay
that do not involve a formal expression of intent to file an OFA under
49 CFR 1152.27(c)(2), 6 must be filed by February 23, 1998.
Petitions to reopen must be filed by March 4, 1998, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, NW., Washington, DC 20423.
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\5\ Because this is a discontinuance proceeding and not an
abandonment, there is no need to provide for trail use/rail banking
or public use conditions.
\6\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $900. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: Karl Morrell, Ball Janik, LLP, 1455 F
Street, NW, Suite 225, Washington, DC 20005.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Decided: February 6, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-3619 Filed 2-11-98; 8:45 am]
BILLING CODE 4915-00-P
