[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Notices]
[Pages 14778-14779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6887]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-435 (Sub-No. 1X)]
Willamette Valley Railway Company--Discontinuance of Service
Exemption--in Marion County, OR
Willamette Valley Railway Company (WVR) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service and Trackage Rights to discontinue service
over approximately 4.71 miles of rail line owned by Southern Pacific
Transportation Company (SP) extending between milepost 721.10 at or
near Geer rail station and milepost 725.81 at or near Salem rail
station, in Marion County, OR.1
\1\ WVR was authorized to lease from SP and operate approximate
72.37 miles of rail line, including this line segment, in Willamette
Valley Railway Company--Acquisition, Lease and Operation Exemption--
Southern Pacific Transportation Company, Finance Docket No. 32249
(ICC served Mar. 5, 1993). The lease transaction was consummated on
February 22, 1993, as noted in SP's simultaneously filed notice of
exemption to abandon this same line segment. See Southern Pacific
Transportation Company--Abandonment Exemption--In Marion County, OR,
Docket No. AB-12 (Sub-No. 183X).
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WVR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) all overhead traffic has been rerouted;
(3) no formal complaint filed by a user of rail service on the line (or
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 1105.12 (newspaper publication), and 49 CFR
1152.50(d)(1) (service of verified notice on governmental agencies)
have been met.
As a condition to use of this exemption, any employee affected by
the discontinuance of service 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 has been received, this exemption will be
effective on April 19, 1995 (unless stayed pending reconsideration).
Petitions to stay that do not involve environmental issues,2 and
formal expressions of intent to file offers of financial assistance
under 49 CFR 1152.27(c)(2),3 must be filed by March 30, 1995.
Petitions to reopen must be filed by April 10, 1995, with: Office of
the Secretary, Case Control Branch, Interstate Commerce Commission,
Washington, DC 20423.4
\2\ A stay will be issued routinely 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
grounds is encouraged to file promptly so that the Commission may
act on the request before the effective date.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ Requests for trail use/rail banking or public use conditions
will be considered in SP's related abandonment notice of exemption
in Docket No. AB-12 (Sub-No. 183X).
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Fritz R. Kahn, Suite 750 West, 1100 New
York Avenue, NW., Washington, DC 20005-3934.
If the notice of exemption contains false or misleading
information, use of the exemption is void ab initio.
SP has filed an environmental report in Docket No. AB-12 (Sub-No.
183X) which addresses the abandonment's effects, if any, on the
environment or historic resources. WVR has adopted SP's environmental
report here. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 24, 1995.
[[Page 14779]] Interested persons may obtain a copy of the EA from SEA
by writing to it at (Room 3219, Interstate Commerce Commission,
Washington, DC 20423) or by calling Elaine Kaiser, Chief, 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 and historic preservation, public use, or trail use/
rail banking conditions will be imposed, where appropriate, in a
subsequent decision in Docket No. AB-12 (Sub-No. 183X).
Decided: March 14, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-6887 Filed 3-17-95; 8:45 am]
BILLING CODE 7035-01-P
