[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-285]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-167 (Sub-No. 1134X)]
Consolidated Rail Corporation--Abandonment Exemption--In Crawford
County, PA; Notice of Exemption
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon its approximately 1.1-mile line of railroad known as the
Vallonia Branch from milepost 0.0 to milepost 1.1 in Meadville,
Crawford County, PA.
Conrail has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has moved over the
line for at least 2 years; (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 complainant's favor within the 2-year
period; and (4) it has met the notice requirements at 49 CFR 1105.7(b)
(service of environmental report on agencies), 49 CFR 1105.8(c)
(service of historic report on State Historic Preservation Officer), 49
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice
to government agencies).
As a condition to use of 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.
This exemption will be effective on February 6, 1994, unless stayed
or a formal expression of intent to file an offer of financial
assistance (OFA) is filed. 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 January 18, 1994.3 Petitions
to reopen or requests for public use conditions under 49 CFR 1152.28
must be filed by January 27, 1994, with: Office of the Secretary, Case
Control Branch, Interstate Commerce Commission, Washington, DC 20423.
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\1\A stay will be issued routinely by the Commission in those
proceedings where an informed decision on environmental issues
(whether raised by a party or by the Commission's Section of Energy
and Environment in its independent investigation) cannot be made
before the effective date of the exemption. See Exemption of Out-of-
Service Rail Lines, 5 I.C.C.2d 377 (1989). Any entity seeking a stay
on environmental concerns is encouraged to file its request as soon
as possible in order to permit the Commission to review and act on
the request before the effective date of the exemption.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept late-filed trail use requests as
long as it retains jurisdiction to do so.
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A copy of any pleading filed with the Commission should be sent to
Conrail's representative: Robert S. Natalini, Consolidated Rail
Corporation, Two Commerce Square, 2001 Market Street, P.O. Box 41416,
Philadelphia, PA 19101-1416.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Conrail has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Energy and Environment (SEE) will issue an
environmental assessment (EA) by January 12, 1994. Interested persons
may obtain a copy of the EA by writing to SEE (room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser,
Chief of SEE, at (202) 927-6248. 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.
Decided: December 29, 1993.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-285 Filed 1-6-94; 8:45 am]
BILLING CODE 7035-01-P
