Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices 15561

1 Due to the Board’s relocation on March 16,

1997, any filings made after that date must be filed

with the Surface Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K Street, N.W.,

Washington, DC 20423.

1 W&LE’s lease and operation of CSXT’s line

between Aultman and Canton, OH, including the

line segment involved herein, was exempted by the

Interstate Commerce Commission in Wheeling &

Lake Erie Railway Company—Lease, Purchase, and

Operation Exemption—CSX Transportation, Inc.,

Finance Docket No. 32083 (ICC served Oct. 15,

1992). At the same time, W&LE purchased an

adjoining CSXT line extending south from Canton

to Sandyville, OH. Service on the CantonSandyville line is not affected by this transaction.

penalties imposed on small entities in

OST enforcement cases:

1. In determining penalty

assessments, the ability of the small

entity to pay shall be considered.

2. The amount of each civil penalty

assessed against a small entity shall be

reduced, and under appropriate

circumstances shall be waived,

provided that the following conditions

are met:

a. The small entity corrects the

violation within a reasonable period of

time;

b. The violation was discovered

through participation by the small entity

in a compliance assistance or audit

program operated or supported by the

Office of the Secretary (OST) or a State;

c. The small entity has not been

subject to multiple enforcement actions

by OST;

d. The violation did not involve

willful or criminal conduct;

e. The violation posed no serious

health, safety or environmental threats;

and

f. The small entity shows a continuing

good faith effort to comply with the law.

3. The Assistant General Counsel for

Aviation Enforcement and Proceedings

shall keep records of the number of

enforcement actions against small

entities that qualified or failed to qualify

for civil penalty reductions or waivers

under this policy and the total amount

of penalty reductions and waivers. To

the extent that civil penalty reductions

or waivers are effectuated by an

Administrative Law Judge within the

Office of Hearings or by the Office of an

Assistant Secretary, that office shall

report the relevant information to the

Assistant General Counsel for Aviation

Enforcement and Proceedings promptly

after the action is taken.

4. The term ‘‘small entity’’ is defined

in 5 U.S.C. 601.

5. Any questions regarding this policy

shall be addressed to the Assistant

General Counsel for Regulations and

Enforcement.

Issued in Washington, DC, on March 25,

1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–8172 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–62–P

Surface Transportation Board

Release of Waybill Data

The Surface Transportation Board has

received a request from Oppenheimer

Wolff & Donnelly on behalf of Gateway

Western Railway Company (WB520–3/

14/97), for permission to use certain

data from the Board’s Carload Waybill

Samples. A copy of the request may be

obtained from the Office of Economics,

Environmental Analysis, and

Administration.

The waybill sample contains

confidential railroad and shipper data;

therefore, if any parties object to these

requests, they should file their

objections with the Director of the

Board’s Office of Economics,

Environmental Analysis, and

Administration within 14 calendar days

of the date of this notice. The rules for

release of waybill data are codified at 49

CFR 1244.8.

Contact: James A. Nash, (202) 565–

1542.

Vernon A. Williams,

Secretary.

[FR Doc. 97–8241 Filed 3–31–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33371]

Oil Creek and Titusville Lines—

Meadville Division—Operation

Exemption

Oil Creek and Titusville Lines—

Meadville Division (applicant), a Class

III rail carrier, has filed a notice of

exemption under 49 CFR 1150.31 to

operate a 41.8-mile line of railroad

extending between milepost 102.3 at

Meadville and milepost 60.5 at Corry, in

Erie and Crawford Counties, PA. The

rail line had been abandoned by

Consolidated Rail Corporation and will

be acquired by the Northwest

Pennsylvania Rail Authority (Authority)

through condemnation proceedings

under state law. Applicant will operate

the line under an operating agreement

with the Authority. See Consolidated

Rail Corporation—Abandonment—

Between Corry and Meadville in Erie

and Crawford Counties, PA, Docket No.

AB–167 (Sub-No. 1139) (STB served

Feb. 10, 1997). The exemption became

effective on March 11, 1997.

Any comments must be filed with the

Board 1 and served on applicant’s

representatives: Richard R. Wilson, Esq.,

1126 Eighth Avenue, Suite 403,

Altoona, PA 16602 and Dearald W.

Shuffstall, II, Esq., 201 Arch Street,

Suite 200, Meadville, PA 16335–3432.

This notice is filed under 49 CFR

1150.31. If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

Decided: March 19, 1997.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–8240 Filed 3–31–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–55 (Sub–No. 535X) and

STB Docket No. AB–227 (Sub-No. 6X)]

CSX Transportation, Inc.—

Abandonment Exemption—in Stark

County, OH and Wheeling & Lake Erie

Railway Company—Discontinuance of

Service Exemption—in Stark County,

OH

CSX Transportation, Inc. (CSXT) and

Wheeling & Lake Erie Railway Company

(W&LE) have filed a notice of exemption

under 49 CFR 1152 Subpart F—Exempt

Abandonments and Discontinuances for

CSXT to abandon and W&LE to

discontinue service over approximately

0.7 miles of railroad owned by CSXT

and leased to and operated by W&LE

between milepost 16.0 and milepost

15.3 in Canton, Stark County, OH. 1

CSXT and W&LE has certified that: (1)

no local traffic has moved over the line

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 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
15562 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices

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 Outof-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.

1The 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 Outof-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.

2 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).

3 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.

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 May 1, 1997, 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 4 must be filed by April 11,

1997. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by April 21, 1997,

with: Office of the Secretary, Case

Control Unit, Surface Transportation

Board, 1925 K Street, N.W., Washington,

DC 20423.

A copy of any petition filed with the

Board should be sent to applicant

representatives: Charles M. Rosenberger,

Senior Counsel, CSX Transportation,

Inc., 500 Water Street J150, Jacksonville,

FL 32202 and William C. Sippel,

Oppenheimer Wolff & Donnelly, Two

Prudential Plaza, 45th Floor, 180 North

Stetson Avenue, Chicago, IL 60602.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

CSXT and W&LE 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 April 4, 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), CSXT and W&LE shall file

a notice of consummation with the

Board to signify that they have exercised

the authority granted and discontinued

service and fully abandoned the line. If

consummation has not been effected by

CSXT’s and W&LE’s filing of a notice of

consummation by April 1, 1998, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon and discontinue will

automatically expire.

Decided: March 25 , 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–8238 Filed 3–31–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–303 (Sub–No. 16X)]

Wisconsin Central LTD.—

Abandonment Exemption—in Clark

County, WI

Wisconsin Central LTD. (WCL) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately .64 miles of its line of

railroad, known as the Abbotsford line,

between milepost 303.37 and milepost

304.01, in Abbotsford, Clark County,

WI.

WCL has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic on

the line can be rerouted; (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 May 1,

1997, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues, 1

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2), 2 and

trail use/rail banking requests under 49

CFR 1152.29 3 must be filed by April 11,

1997. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by April 21, 1997,

with: Office of the Secretary, Case

Control Unit, Surface Transportation

Board, 1925 K Street, N.W., Washington,

DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Thomas J. Litwiler,

Oppenheimer Wolff & Donnelly, Two

Prudential Plaza, 45th Floor, 180 North

Stetson Avenue, Chicago, IL 60601.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

WCL has 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) byApril 4, 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), WCL 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

WCL’s filing of a notice of