[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Notices]
[Pages 15561-15562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8238]


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DEPARTMENT OF TRANSPORTATION
[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. <SUP>1
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    \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 
Canton-Sandyville line is not affected by this transaction.
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    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

[[Page 15562]]

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, <SUP>2 formal expressions of intent 
to file an OFA under 49 CFR 1152.27(c)(2), <SUP>3 and trail use/rail 
banking requests under 49 CFR 1152.29 <SUP>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.
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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 $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.
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    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