# Trustees of the Cincinnati Southern RailwayAbandonment Exemptionin Hamilton County, OH; The Cincinnati, New Orleans & Texas Pacific Railway CompanyDiscontinuance of Service Exemptionin Hamilton County, OH > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-33733 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** December 22, 1998 - **Citation:** 63 FR 70841 ## Text DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-557X; STB Docket No. AB-290 (Sub-No. 187X)] Trustees of the Cincinnati Southern Railway--Abandonment Exemption--in Hamilton County, OH; The Cincinnati, New Orleans & Texas Pacific Railway Company--Discontinuance of Service Exemption--in Hamilton County, OH Trustees of the Cincinnati Southern Railway (CSR) and The Cincinnati, New Orleans & Texas Pacific Railway Company (CNO&TP) have filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances for CSR to abandon and CNO&TP to discontinue service over a 1.2-mile line of railroad between Stations 722+19 and Stations 71+11 in Cincinnati, Hamilton County, OH.1 The line traverses United States Postal Service Zip Code 45202. --------------------------------------------------------------------------- \1\ CNO&TP's lease and operation of CRS's line was approved by the Interstate Commerce Commission in The Cincinnati, New Orleans and Texas Pacific Railway Company--Ex-Mod. Of Lease--Cincinnati Southern Railway, Finance Docket No. 21666 (Sub-No. 1) (ICC served Nov. 13, 1987). --------------------------------------------------------------------------- CSR and CNO&TP 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 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 [[Page 70842]] (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 January 21, 1999, 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 must be filed by January 4, 1999. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 11, 1999, with: Surface Transportation Board, Office of the Secretary, Case Control Unit, 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 $1000. See 49 CFR 1002.2(f)(25). --------------------------------------------------------------------------- A copy of any petition filed with the Board should be sent to applicants representative: James R. Paschall, General Attorney, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510-2191. If the verified notice contains false or misleading information, the exemption is void ab initio. CSR and CNO&TP have 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 December 24, 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), CSR 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 CSR's filing of a notice of consummation by December 22, 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: December 15, 1998. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 98-33733 Filed 12-21-98; 8:45 am] BILLING CODE 4915-00-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-33733. Public record. Not legal advice.