[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28904]
[[Page Unknown]]
[Federal Register: November 23, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-240 (Sub-No. 4X)]
Cambria and Indiana Railroad Company; Abandonment Exemption;
Cambria County, PA
Cambria and Indiana Railroad Company (C&I) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon: (1) A 4.20-mile segment of its Main Line between milepost
2.099 at Clover and milepost 6.299 at Holman in Cambria, Barr, and
Blacklick Townships, Cambria County, PA; and (2) a 13.129-mile segment
of its Cambria Branch between milepost 0.00 at its intersection with
the Main Line at Main Line station 5.453 and milepost 13.129 in Nanty-
Glo and Revloc Boroughs, and Cambria and Blacklick Townships, in
Cambria County, PA.
C&I has certified that: (1) No local traffic has moved over the
line for at least 2 years;1 (2) there is no overhead traffic on
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 (service of environmental report on
agencies), 49 CFR 1105.8 (service of historic report on State Historic
Preservation Officer), 49 CFR 1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication),2 and 49 CFR 1152.50(d)(1)
(service of verified notice on governmental agencies) have been met.
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\1\On November 14, 1994, C&I clarified its certification and
advised the Commission that a one-time shipment of eight cars of
construction materials that moved to C&I's material yard were non-
revenue loads.
\2\C&I originally filed this notice of exemption under Docket
No. AB-240 (Sub-No. 3X). However, by decision served September 27,
1994, the Commission's Section of Environmental Analysis found that
the environmental report was inadequate and did not contain an
historic report. The notice of exemption was rejected. C&I refiled
its notice on November 3, 1994. Notice of publication appeared in
the Johnstown Tribune-Democrat, Johnstown, PA, on August 31, 1994,
under Docket No. AB-240 (Sub-No. 3X).
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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 23, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.295 must be filed by December 5, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by December 13, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\3\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.
\4\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\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: Joseph M. O'Malley, 1170 Eighth Avenue,
Bethlehem, PA 18016.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
C&I 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 28, 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 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: November 15, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28904 Filed 11-22-94; 8:45 am]
BILLING CODE 7035-01-P
