[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63544-63545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30059]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-448 (Sub-No. 1X)]
SF & L Railway Inc.--Abandonment Exemption--in Ellis and Hill
Counties, TX
SF & L Railway, Inc. (SF&L), has filed a notice of exemption under
49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately
18.23 miles of railroad between milepost 813.1, near Italy, and
milepost 831.33, near Hillsboro, in Ellis and Hill Counties, TX.
SF&L has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic that must
be rerouted; (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
[[Page 63545]]
Commission or with any U.S. District Court or has been decided in favor
of a complainant within the 2-year period; and (4) the requirements at
49 CFR 1105.12 (newspaper publication), 49 CFR 1105.7 (environmental
reports), 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 January 10, 1996, 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
1152.29 3 must be filed by December 21, 1995. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by January 2, 1996, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission,4 1201 Constitution Avenue,
N.W., Washington, DC 20423.
\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 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 involving 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.
\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.
\4\ Legislation that will terminate the Commission on December
31, 1995, is now pending enactment. Parties submitting pleadings
should continue to use the Commission's current name and address
until further notice.
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A copy of any pleading filed with the Commission should be sent to
applicant's representative: Jo A. DeRoche, 1350 New York Ave., N.W.,
Suite 800, Washington, DC 20005-4797.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
SF&L has 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 December 15, 1995. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate
Commerce Commission, 1201 Constitution Avenue, N.W., 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: December 4, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-30059 Filed 12-8-95; 8:45 am]
BILLING CODE 7035-01-P
