[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31094-31095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13096]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 377X)]; [Docket No. AB 1231X]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Lucas County, Ohio; Midwest Rail, LLC d/b/a/Toledo, Lake 
Erie and Western Railway--Discontinuance of Service Exemption--in Lucas 
County, Ohio

    Norfolk Southern Railway Company (NSR) and Midwest Rail, LLC d/b/a 
Toledo, Lake Erie and Western Railway (TLEW) (collectively, applicants) 
have jointly filed a verified notice of exemption under 49 CFR part 
1152 subpart F--Exempt Abandonments and Discontinuances of Service for 
NSR to discontinue rail service, and for TLEW to discontinue lease 
operations, over approximately 1.80-miles of rail line owned by NSR 
between milepost TS 13.2 near Maumee, to milepost TS 15.0 at 
Waterville, in Lucas County, Ohio (the Line). Applicants state that 
TLEW originally obtained authority to operate the Line in 2012; \1\ 
however, TLEW did not conduct any business on the Line and eventually 
defaulted on the lease. Thereafter, NSR cancelled the lease pursuant to 
the terms of the parties' contract, and NSR has been given power of 
attorney to file for discontinuance of TLEW's lease operations on 
TLEW's behalf. The Line traverses United States Postal Service Zip 
Codes 43537 and 43566.
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    \1\ Midwest Rail, LLC d/b/a Toledo, Lake Erie & W. Ry.--Lease & 
Operation Exemption--Norfolk S. Ry., FD 35634 (STB served June 29, 
2012).
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    Applicants have certified that: (1) No local traffic has moved over 
the Line for at least two years; (2) no overhead traffic has moved over 
the Line for at least two years and overhead traffic, if any, could 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 or with 
any U.S. District Court or has been decided in favor of complainant 
within the two-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 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, these exemptions will be effective on July 1, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be 
filed by June 11, 2015.\3\ Petitions to reopen must be filed by June 
22, 2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because applicants are seeking to discontinue service, not 
to abandon the Line, trail use/rail banking and public use 
conditions are not appropriate.
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    If the notice contains false or misleading information, these 
exemptions are void ab initio.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''


[[Page 31095]]


    Decided: May 27, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-13096 Filed 5-29-15; 8:45 am]
 BILLING CODE 4915-01-P