[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Notices]
[Pages 58098-58099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28462]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-39 (Sub-No. 19X)]
St. Louis Southwestern Railway Company--Abandonment Exemption--in
Smith County, TX
St. Louis Southwestern Railway Company (Cotton Belt) has filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 3.54-mile line of railroad, known as the Lufkin Branch, from
milepost 549.46 near rail station Lufkin Junction, to the end of the
line at milepost 553.0, in Tyler, Smith County, TX. Cotton Belt
proposes to consummate the abandonment on December 22, 1995.1
\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
December 21, 1995. Because the verified notice was not filed until
November 2, 1995, consummation should not have been proposed to take
place before December 22, 1995. Applicant's representative has
subsequently agreed that the proposed consummation date is December
22, 1995.
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Cotton Belt has certified that: (1) no local traffic has moved over
the line for at least 2 years; (2) overhead traffic is non-existent
since this is a stub-end of a branchline; (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 24, 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 December 4, 1995. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by December 14, 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 before 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: Gary A. Laakso, One Market Plaza, Room 846,
San Francisco, CA 94105.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Cotton Belt has filed an environmental report which addresses the
abandonment's effects, if any, on the environmental and historic
resources. The Section of Environmental Analysis
[[Page 58099]]
(SEA) will issue an environmental assessment (EA) by November 29, 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: November 17, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-28462 Filed 11-22-95; 8:45 am]
BILLING CODE 7035-01-P
