[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Notices]
[Pages 15561-15562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8238]
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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-55 (Sub-No. 535X) and STB Docket No. AB-227 (Sub-No.
6X)]
CSX Transportation, Inc.--Abandonment Exemption--in Stark County,
OH and Wheeling & Lake Erie Railway Company--Discontinuance of Service
Exemption--in Stark County, OH
CSX Transportation, Inc. (CSXT) and Wheeling & Lake Erie Railway
Company (W&LE) have filed a notice of exemption under 49 CFR 1152
Subpart F--Exempt Abandonments and Discontinuances for CSXT to abandon
and W&LE to discontinue service over approximately 0.7 miles of
railroad owned by CSXT and leased to and operated by W&LE between
milepost 16.0 and milepost 15.3 in Canton, Stark County, OH. 1
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\1\ W&LE's lease and operation of CSXT's line between Aultman
and Canton, OH, including the line segment involved herein, was
exempted by the Interstate Commerce Commission in Wheeling & Lake
Erie Railway Company--Lease, Purchase, and Operation Exemption--CSX
Transportation, Inc., Finance Docket No. 32083 (ICC served Oct. 15,
1992). At the same time, W&LE purchased an adjoining CSXT line
extending south from Canton to Sandyville, OH. Service on the
Canton-Sandyville line is not affected by this transaction.
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CSXT and W&LE has certified that: (1) no local traffic has moved
over the line for at least 2 years; (2) any overhead traffic 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 at 49
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports),
49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this
[[Page 15562]]
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) has been received, this exemption will be effective on May 1,
1997, unless stayed pending reconsideration. Petitions to stay that do
not involve environmental issues, 2 formal expressions of intent
to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail
banking requests under 49 CFR 1152.29 4 must be filed by April 11,
1997. Petitions to reopen or requests for public use conditions under
49 CFR 1152.28 must be filed by April 21, 1997, with: Office of the
Secretary, Case Control Unit, Surface Transportation Board, 1925 K
Street, N.W., Washington, DC 20423.
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\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for
a stay should be filed as soon as possible so that the Board may
take appropriate action before the exemption's effective date.
\3\ 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).
\4\ The Board will accept late-filed trail use requests as long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant representatives: Charles M. Rosenberger, Senior Counsel, CSX
Transportation, Inc., 500 Water Street J150, Jacksonville, FL 32202 and
William C. Sippel, Oppenheimer Wolff & Donnelly, Two Prudential Plaza,
45th Floor, 180 North Stetson Avenue, Chicago, IL 60602.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CSXT and W&LE have filed an environmental report which addresses
the effects of the abandonment and discontinuance, if any, on the
environment and historic resources. The Section of Environmental
Analysis (SEA) will issue an environmental assessment (EA) by April 4,
1997. Interested persons may obtain a copy of the EA by writing to SEA
(Room 500, Surface Transportation Board, Washington, DC 20423) or by
calling SEA, at (202) 565-1545. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT and W&LE
shall file a notice of consummation with the Board to signify that they
have exercised the authority granted and discontinued service and fully
abandoned the line. If consummation has not been effected by CSXT's and
W&LE's filing of a notice of consummation by April 1, 1998, and there
are no legal or regulatory barriers to consummation, the authority to
abandon and discontinue will automatically expire.
Decided: March 25 , 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-8238 Filed 3-31-97; 8:45 am]
BILLING CODE 4915-00-P
