Akron Barberton Cluster Railway CompanyAbandonment Exemption in Summit County, OH

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-494X]

Akron Barberton Cluster Railway Company--Abandonment Exemption--

in Summit County, OH

Akron Barberton Cluster Railway Company (ABCR) has filed a notice

of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to

abandon 4.14 miles of its line of railroad from Valuation Station 440 +

00 at Main Street to Valuation Station 658 + 63 at Seiberling Avenue,

in Summit County, OH. The line traverses United States Postal Service

Zip Codes 44301, 44305, 44300 and 44311.

ABCR 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 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

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 June 20,

1998, 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 must be filed by June 1,

1998. Petitions to reopen or requests for public use conditions under

49 CFR 1152.28 must be filed by June 10, 1998, with: Surface

Transportation Board, Office of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423. A copy of any petition filed with

the Board should be sent to applicant's representative: Christopher E.

V. Quinn, Oppenheimer Wolff & Donnelly, Two Prudential Plaza, 45 Floor,

180 North Stetson Avenue, Chicago, IL 60601.

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\1\ 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.

\2\ 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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If the verified notice contains false or misleading information,

the exemption is void ab initio.

ABCR 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) by May 26, 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), ABCR 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 ABCR's filing of a notice of

consummation by May 21, 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: May 8, 1998.

[[Page 28027]]

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams

Secretary.

[FR Doc. 98-13093 Filed 5-20-98; 8:45 am]

BILLING CODE 4915-00-P