[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Notices]
[Pages 5208-5209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1961]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-434 (Sub. No. 1X)]
Winchester & Western Railroad Company--Abandonment Exemption--in
Cumberland County, NJ
Winchester & Western Railroad Company (WWNJ), a class III railroad,
has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt
Abandonments to abandon approximately 7000 feet of rail line, between
milepost 47.5 and milepost 49.5, in Cumberland County, NJ.
WWNJ has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic that will
need to 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 Commission or with any U.S. District Court
or has been decided in favor of the complainant within the 2-year
period; and (4) the requirements at 49 CFR 1105.7 (environmental
report), 49 CFR 1105.08 (historic report), 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. 10505(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) is filed, this exemption will be effective
on February 25, 1995, 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 February 6,
1995.\3\ Petitions to reopen and requests [[Page 5209]] for public use
conditions under 49 CFR 1152.28 must be filed by February 15, 1995,
with: Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423.
\1\The Commission will grant a stay if an informed decision on
environmental issues, (whether raised by a party or by the
Commission in its independent investigation), cannot be made prior
to the effective date of the notice of exemption. 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 Commission may
review and act on the request before the exemption's effective date.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept a late-filed trail use request as
long as it retains jurisdiction to do so.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Jo A. DeRoche, Weiner, Brodsky, Sidman &
Kider, P.C., 1350 New York Ave., N.W., Suite 800, Washington, DC 20005.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
WWNJ 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 January 31, 1995. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser,
Chief of SEA, at (202) 927-6248. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA is
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: January 20, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-1961 Filed 1-25-95; 8:45 am]
BILLING CODE 7035-01-P
