[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 28026-28027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13093]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-494X]
Akron Barberton Cluster Railway Company--Abandonment Exemption--
in Summit County, OH
Akron Barberton Cluster Railway Company (ABCR) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon 4.14 miles of its line of railroad from Valuation Station 440 +
00 at Main Street to Valuation Station 658 + 63 at Seiberling Avenue,
in Summit County, OH. The line traverses United States Postal Service
Zip Codes 44301, 44305, 44300 and 44311.
ABCR has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on 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 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
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 June 20,
1998, unless stayed pending reconsideration. Petitions to stay that do
not involve environmental issues,1 formal expressions of
intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail
use/rail banking requests under 49 CFR 1152.29 must be filed by June 1,
1998. Petitions to reopen or requests for public use conditions under
49 CFR 1152.28 must be filed by June 10, 1998, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, NW, Washington, DC 20423. A copy of any petition filed with
the Board should be sent to applicant's representative: Christopher E.
V. Quinn, Oppenheimer Wolff & Donnelly, Two Prudential Plaza, 45 Floor,
180 North Stetson Avenue, Chicago, IL 60601.
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\1\ 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.
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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If the verified notice contains false or misleading information,
the exemption is void ab initio.
ABCR has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by May 26, 1998. 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), ABCR shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by ABCR's filing of a notice of
consummation by May 21, 1999, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: May 8, 1998.
[[Page 28027]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams
Secretary.
[FR Doc. 98-13093 Filed 5-20-98; 8:45 am]
BILLING CODE 4915-00-P
