[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Page 55600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27135]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-310 (Sub-No. 1X)]
Utah Railway Company--Abandonment Exemption--in Carbon County, UT
Utah Railway Company (Utah) has filed a notice of exemption under
49 CFR 1152 Subpart F--Exempt Abandonments to abandon its Wattis Branch
Line from milepost 0.0 to milepost 2.4, in Carbon County, UT, a
distance of 2.4 miles.\1\
\1\Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Commission at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant,
in its verified notice, indicated a proposed consummation date of
November 30, 1995. Because the verified notice was not filed until
October 12, 1995, consummation should not have been proposed to take
place before December 1, 1995. Applicant's representative has
corrected the notice on October 20, 1995, and stated that the
proposed consummation date is December 1, 1995.
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Utah has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic; (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 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 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.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on December 1, 1995, 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\4\ must be filed
by November 13, 1995. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by November 21, 1995,
with: Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423.
\2\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
Environmental Analysis 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
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 prior to the effective
date of this exemption.
\3\See Exempt. of Rail Abandonment Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\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 pleading filed with the Commission should be sent to
applicant's representative: J. E. West, III, 340 Hardscrabble Road,
P.O. Box 261, Helper, UT 84526.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Utah filed an environmental report which addresses the effects of
the abandonment, if any, on the environment and historic resources. The
Commission's Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by November 6, 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 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: October 26, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-27135 Filed 10-31-95; 8:45 am]
BILLING CODE 7035-01-P
