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

[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7193-7194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3620]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-167 (Sub-No. 1180X)]


Consolidated Rail Corporation--Discontinuance of Trackage Rights 
Exemption--in Cincinnati, Hamilton County, OH

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Trackage Rights, for the discontinuance of trackage 
rights over Norfolk and Western Railway Company's entire Riverfront 
Running Track, extending from a Point A near the Oasis Block Station to 
Point B in the southern line of Front Street near its intersection with 
Smith Street, a distance of approximately 1.5 miles, in Cincinnati, 
Hamilton County, OH.¹ The line traverses United States 
Postal Service ZIP Codes 45202 and 45203. There are no stations on the 
line.²
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    \1\ Conrail had acquired the trackage rights pursuant to the 
Final System Plan under the Regional Rail Reorganization Act of 
1973.
    \2\ 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-
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-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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[[Page 7194]]

    Conrail has certified that: (1) No local traffic has moved over the 
line via Conrail pursuant to the trackage rights for at least 2 years; 
(2) any overhead traffic 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 notice) and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.\3\
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    \3\ 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, 
1998,⁴ 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),⁵ 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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    \4\ 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 routinely provided for in abandonment 
proceedings.
    \5\ 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: John J. Paylor, Consolidated Rail 
Corporation, 2001 Market Street, P.O. Box 41416, Philadelphia, PA 
19101-1416.
    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. 98-3620 Filed 2-11-98; 8:45 am]
BILLING CODE 4915-00-P