94-28698. Warren and Saline River Railroad CompanyAbandonment Exemption in Bradley County, AR  

  • [Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-28698]
    
    
    [[Page Unknown]]
    
    [Federal Register: November 21, 1994]
    
    
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    INTERSTATE COMMERCE COMMISSION
    
    [Docket No. AB-430 (Sub-No. 1X)]
    
     
    
    Warren and Saline River Railroad Company--Abandonment Exemption--
    in Bradley County, AR
    
        Warren and Saline River Railroad Company (WSR) has filed a notice 
    of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
    abandon approximately 11 miles of line between milepost 3.0 near Warren 
    and the end of the line at milepost 14.0 at Rock Island Jct., in 
    Bradley County, AR.
        WSR 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; (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 1105.8 
    (historic report), 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 21, 1994, 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 
    1152.293 must be filed by December 1, 1994. Petitions to reopen or 
    requests for public use conditions under 49 CFR 1152.28 must be filed 
    by December 12, 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 
    Environmental Analysis in its independent investigation) cannot be 
    made before 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 before the effective 
    date of this exemption.
        \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 pleading filed with the Commission should be sent to 
    applicant's representative: Fritz R. Kahn, P.C., Suite 750 West, 1100 
    New York Ave., N.W., Washington, DC 20005-3934.
        If the notice of exemption contains false or misleading 
    information, the exemption is void ab initio.
        WSR 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 November 25, 1994. 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: November 14, 1994.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 94-28698 Filed 11-18-94; 8:45 am]
    BILLING CODE 7035-01-P
    
    
    

Document Information

Published:
11/21/1994
Department:
Interstate Commerce Commission
Entry Type:
Uncategorized Document
Document Number:
94-28698
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: November 21, 1994, Docket No. AB-430 (Sub-No. 1X)