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

[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Page 7193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3619]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-532X]


The Cincinnati Terminal Railway Co. ¹ (Indiana & Ohio 
Railway Co., Successor)--Discontinuance of Service Exemption--In 
Cincinnati, Hamilton County, OH
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    \1\  The Cincinnati Terminal Company was merged into IORY in a 
transaction that was the subject of a notice of exemption in 
RailTex, Inc., Indiana & Ohio Rail Corp., Cincinnati Terminal 
Railway Company, Indiana and Ohio Railroad, Inc., Indiana & Ohio 
Railway Company and Indiana & Ohio Central Railroad, Inc.--Corporate 
Family Transaction Exemption, STB Finance Docket No. 33530 (STB 
served Jan. 9, 1998). We have accepted the notice of exemption as 
filed with an amended caption to reflect CTER's merger into Indiana 
and Ohio Railway Company because no party will be prejudiced and 
because the lease had terminated while CTER was still the party in 
interest.
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    The Cincinnati Terminal Railway Company (CTER) has filed a notice 
of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances, to discontinue service under a lease that has been 
terminated. ² The lease was limited to certain overhead 
movements over a line of railroad owned by the Norfolk and Western 
Railway Company (NW) that traveled the entire Riverfront Running Track, 
extending between Survey Station 84+80 and Survey Station 
4+20 (former milepost LM-119+1756 feet), a 
distance of approximately 1.5 miles, in Cincinnati, Hamilton County, 
OH. ³ The line traverses United States Postal Service Zip 
Codes 45202 and 45203. There are no stations on the line.
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    \2\ See The Cincinnati Terminal Railway Co.--Lease Exemption--
Norfolk and Western Railway Company, Finance Docket No. 32519 (ICC 
served Aug. 31, 1994). The lease, dated June 24, 1994, became 
effective on July 1, 1994, and was later terminated by NW on May 31, 
1996, effective July 1, 1996.
    \3\ Concurrent filings were made in: STB Docket No. AB-290 (Sub-
No. 184X), Norfolk and Western Railway Company--Abandonment 
Exemption--In Cincinnati, Hamilton County, OH, 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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    CTER has certified that: (1) No local traffic has moved via CTER 
pursuant to the lease rights for at least 2 years; (2) any overhead 
traffic that previously moved over 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 of 49 CFR 1105.12 (newspaper 
publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) 
have been met. ⁴
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    \4\  No environmental or historical documentation is required 
here, pursuant to 49 CFR 1105.6(b)(3).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance 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) to subsidize continued rail service has been 
received, this exemption will be effective on March 14, 1998, 
⁵ unless stayed pending reconsideration. Petitions to stay 
that do not involve a formal expression of intent to file an OFA under 
49 CFR 1152.27(c)(2), ⁶ must be filed by February 23, 1998. 
Petitions to reopen must be filed by March 4, 1998, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423.
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    \5\ Because this is a discontinuance proceeding and not an 
abandonment, there is no need to provide for trail use/rail banking 
or public use conditions.
    \6\ 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: Karl Morrell, Ball Janik, LLP, 1455 F 
Street, NW, Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

    Decided: February 6, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-3619 Filed 2-11-98; 8:45 am]
BILLING CODE 4915-00-P