Federal Register, Volume 62 Issue 222 (Tuesday, November 18, 1997)

[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Page 61583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30303]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket Nos. AB-535X and STB Docket No. AB-536X]


West Central Ohio Port Authority--Abandonment Exemption--in Clark 
County, OH; The Indiana and Ohio Central Railroad Company, Inc.--
Discontinuance of Service Exemption--in Clark County, OH

    West Central Ohio Port Authority (Westco) and The Indiana and Ohio 
Central Railroad Company, Inc. (IOCR), have filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances 
for Westco to abandon and IOCR to discontinue service over a 5.6-mile 
line of railroad between milepost 123.86 at or near Glen Echo and 
milepost 129.46 at the north edge of Warder Street in Springfield, 
Clark County, OH. The line traverses United States Postal Zip Code 
45502.¹
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    \1\ Westco acquired the involved line from Consolidated Rail 
Corporation in West Central Ohio Port Authority--Acquisition 
Exemption--Consolidated Rail Corporation, Finance Docket No. 32443 
(ICC served Jan. 28, 1994).
    IOCR's lease and operation of the involved line was approved in 
The Indiana & Ohio Central Railroad Company, Inc.--Lease and 
Operation--West Central Ohio Port Authority, Finance Docket No. 
32602 (ICC served Mar. 15, 1995).
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    Westco and IOCR have certified that: (1) no local traffic has moved 
over the line for at least 2 years; (2) overhead traffic has been 
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 December 
18, 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 
November 28, 1997. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 8, 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).
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: Thomas F. McFarland, Jr., McFarland & 
Herman, 20 North Wacker Drive, Suite 1330, Chicago, IL 60606-2902.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Westco and IOCR 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 November 
21, 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), Westco 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 Westco's filing of a notice of 
consummation by November 18, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: November 12, 1997.

    By the Board, Beryl Gordon, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30303 Filed 11-17-97; 8:45 am]
BILLING CODE 4915-00-P