Federal Register, Volume 63 Issue 29 (Thursday, February 12, 1998)

[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7195-7196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3618]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 184X)]


Norfolk and Western Railway Co.--Abandonment Exemption--In 
Cincinnati, Hamilton County, OH

    On January 23, 1998, Norfolk and Western Railway Company (NW) filed 
with the Surface Transportation Board (Board) a petition under 49 
U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903-10905 
\1\ to abandon a segment of a line of railroad known as the Riverfront 
Running Track, between Oasis and Plum Street, a distance of 
approximately 1.5 miles, in Cincinnati, Hamilton County, OH.\2\ The 
line traverses U.S. Postal Service Zip Codes 45202 and 45203. There are 
no stations on the line.
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    \1\ NW seeks exemptions from the offer of financial assistance 
(OFA) provisions of 49 U.S.C. 10904 and the public use provisions of 
49 U.S.C. 10905. Exemptions from 49 U.S.C. 10904-05 have been 
granted from time to time, but only when the right-of-way is needed 
for a valid public purpose and there is no overriding public need 
for continued rail service.
    \2\ Concurrent filings were made in: STB Docket No. AB-532X, The 
Cincinnati Terminal Railway Company (Indiana & Ohio Railway Company, 
Successor)--Discontinuance of Service Exemption--In Cincinnati, 
Hamilton County, OH; and 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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    The line does not contain federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it. The interest of railroad employees 
will be protected by Oregon Short Line R. Co.--Abandonment--Goshen, 360 
I.C.C. 91 (1979).

[[Page 7196]]

    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by May 13, 1998.
    Unless an exemption is granted, as sought, from the OFA provisions 
of 49 U.S.C. 10904, any OFA under 49 CFR 1152.27(b)(2) will be due no 
later than 10 days after service of a decision granting the petition 
for exemption. Each OFA must be accompanied by the filing fee, which 
currently is set at $900. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless an exemption is 
granted, as sought, from the public use provisions of 49 U.S.C. 10905, 
any request for a public use condition under 49 CFR 1152.28 or for 
trail use/rail banking under 49 CFR 1152.29 will be due no later than 
March 4, 1998.\3\ Each trail use request must be accompanied by a $150 
filing fee. See 49 CFR 1002.2(f)(27).
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    \3\ NW states that, since it has already agreed to transfer the 
line to the City of Cincinnati, NW will not negotiate with any party 
for transfer of the line for trail use.
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    All filings in response to this notice must refer to STB Docket No. 
290 (Sub-No. 184X) and must be sent to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001, and (2) James R. Paschall, Norfolk and 
Western Railway Company, Three Commercial Place, Norfolk, VA 23510-
2191.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1545. (TDD for the hearing impaired is available at (202) 
565-1695.)
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be available within 60 days of the filing of the petition. The deadline 
for submission of comments on the EA will generally be within 30 days 
of its service.

    Decided: February 6, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-3618 Filed 2-11-98; 8:45 am]
BILLING CODE 4915-00-P