[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Notices]
[Pages 70841-70842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33733]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-557X; STB Docket No. AB-290 (Sub-No. 187X)]


Trustees of the Cincinnati Southern Railway--Abandonment 
Exemption--in Hamilton County, OH; The Cincinnati, New Orleans & Texas 
Pacific Railway Company--Discontinuance of Service Exemption--in 
Hamilton County, OH

    Trustees of the Cincinnati Southern Railway (CSR) and The 
Cincinnati, New Orleans & Texas Pacific Railway Company (CNO&TP) have 
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments and Discontinuances for CSR to abandon and CNO&TP to 
discontinue service over a 1.2-mile line of railroad between Stations 
722+19 and Stations 71+11 in Cincinnati, Hamilton County, 
OH.1 The line traverses United States Postal Service Zip 
Code 45202.
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    \1\ CNO&TP's lease and operation of CRS's line was approved by 
the Interstate Commerce Commission in The Cincinnati, New Orleans 
and Texas Pacific Railway Company--Ex-Mod. Of Lease--Cincinnati 
Southern Railway, Finance Docket No. 21666 (Sub-No. 1) (ICC served 
Nov. 13, 1987).
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    CSR and CNO&TP have certified that: (1) no local traffic has moved 
over the line for at least 2 years; (2) any 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

[[Page 70842]]

(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 January 
21, 1999, 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 January 
4, 1999. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by January 11, 1999, 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 $1000. 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: James R. Paschall, General Attorney, Norfolk 
Southern Corporation, Three Commercial Place, Norfolk, VA 23510-2191. 
If the verified notice contains false or misleading information, the 
exemption is void ab initio.
    CSR and CNO&TP have 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 December 24, 1998. 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), CSR 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 CSR's filing of a notice of 
consummation by December 22, 1999, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 15, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-33733 Filed 12-21-98; 8:45 am]
BILLING CODE 4915-00-P