[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Notices]
[Pages 44170-44171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21957]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-513 (Sub-No. 1X)] and [STB Docket No. AB-530 (Sub-
No. 1X)]


Warren & Trumbull Railroad Company--Discontinuance of Service 
Exemption--in Trumbull County, OH and Economic Development II Rail 
Corporation--Abandonment Exemption--in Trumbull County, OH

    Warren & Trumbull Railroad Company, Inc. (WTRC) and Economic 
Development II Rail Corporation (EDRC-II) have filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances for WTRC to discontinue service over and EDRC-II to 
abandon, a 2.5-mile line of railroad from milepost 89.1 at the DeForest 
Junction Station to milepost 91.6 at the North Warren Station, in the 
city of Warren, Trumbull County, OH.<SUP>1</SUP> The line traverses 
United States Postal Zip codes 44481, 44482, 44483, 44484 and 44485.
---------------------------------------------------------------------------

    \1\ The involved line segment was approved for abandonment in 
CSX Transportation, Inc.--Abandonment--Between Deforest Junction and 
North Warren in Trumbull County, OH, ICC Docket No. AB-55 (Sub-No. 
449) (ICC served Feb. 12, 1993).
    EDRC-II entered into an agreement providing for WTRC to 
reactivate and operate the line. See The Warren & Trumbull Railroad 
Company--Operation Exemption--Rail Line in Trumbull County, OH, 
Finance Docket No. 32438 (ICC served Jan. 14, 1994).
    EDRC-II acquired the involved line from Consolidated Rail 
Corporation in Economic Development Rail II Corporation--Acquisition 
Exemption--Lines of Consolidated Rail Corporation, STB Finance 
Docket No. 32768 (STB served Apr. 15, 1996).
---------------------------------------------------------------------------

    WTRC and EDRC-II 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, parallel tracks; (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 (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 September 
18, 1997, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,<SUP>2</SUP> formal

[[Page 44171]]

expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>3</SUP> and trail use/rail banking requests under 49 
CFR 1152.29 <SUP>4</SUP> must be filed by August 29, 1997. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by September 8, 1997, with: Office of the Secretary, Case 
Control Unit, Surface Transportation Board, 1925 K Street, N.W., 
Washington, DC 20423.
---------------------------------------------------------------------------

    \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 $900. See 49 CFR 
1002.2(f)(25).
    \4\ The Board will accept late-filed trail use requests as long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant representatives: Kelvin J. Dowd, Esq., Slover & Loftus, 1224 
Seventeenth Street, N.W., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WTRC and EDRC-II have filed an environmental report which addresses 
the effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by August 
22, 1997. 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), EDRC-II 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 EDRC-II's filing of a notice of 
consummation by August 19, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: August 13, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-21957 Filed 8-18-97; 8:45 am]
BILLING CODE 4915-00-P