Federal Register, Volume 62 Issue 191 (Thursday, October 2, 1997)

[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51714-51715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26173]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-227 (Sub-No. 11X)]


Wheeling & Lake Erie Railway Company--Abandonment Exemption--in 
Harrison and Jefferson Counties, OH

    Wheeling & Lake Erie Railway Company (W&LE) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
an approximately 11.4-mile line of railroad on the Georgetown Branch, 
from milepost 0.0 in Adena to milepost 0.5 at AC&NA Junction and from 
milepost 0.0 at AC&NA Junction to milepost 10.9 at the former 
Georgetown Coal Preparation Plant, in Harrison and Jefferson Counties, 
OH.¹ The line traverses United States Postal Service Zip 
Codes 43901, 43989, 43981 and 43907.
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    \1\ The 0.5-mile segment of the Georgetown Branch between Adena 
and AC&NA was formerly the north end of W&LE's Saginaw Branch, 
which, according to W&LE, was abandoned south of AC&NA Junction in 
1993. See The Wheeling & Lake Erie Railway Company--Abandonment 
Exemption--In Jefferson, Harrison and Belmont Counties, OH, ICC 
Docket No. AB-227 (Sub-No. 3X) (ICC served Apr. 5, 1993).
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    W&LE has certified that: (1) no local traffic has moved over the 
line for at

[[Page 51715]]

least 2 years; (2) any overhead traffic on the line can be rerouted; 
(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 November 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 must be filed by October 14, 1997. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 22, 1997, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 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).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Thomas J. Litwiler, Oppenheimer Wolff & 
Donnelly, Two Prudential Plaza, 45th Floor, 180 North Stetson Avenue, 
Chicago, IL 60601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    W&LE 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 October 7, 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), W&LE 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 W&LE's filing of a notice of 
consummation by October 2, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: September 25, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-26173 Filed 10-1-97; 8:45 am]
BILLING CODE 4915-00-P