[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4985]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-400 (Sub-No. 2X)]
Seminole Gulf Railway, Inc.--Abandonment Exemption--In Lee
County, FL
Seminole Gulf Railway, Inc. as General Partner of Seminole Gulf
Railway, L.P., d/b/a Seminole Gulf Railway, L.P. (Seminole Gulf) has
filed a notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments to abandon service on 3.55 miles of its Baker Spur Line
located in Lee County, FL. The portion of line being abandoned extends
eastward from the new proposed end of track at Engineering station
79+95 to the existing end of track Engineering station 267+62, a
distance of 18,767 feet.
Seminole Gulf has certified that: (1) No local traffic has moved
over the line for at least 2 years; (2) there is no overhead traffic on
the line; (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 (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 April 3, 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 March 14, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by March 24, 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 grounds is encouraged to file
its request as soon as possible in order to permit this 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 late-filed trail use statements as
long as it retains jurisdiction to do so.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Gordon H. Fay, 4110 Centerpointe Dr., Fort
Myers, FL 33916.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Seminole Gulf has filed an environmental report which addresses the
abandonment's effects, if any, on the environmental and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 9, 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: February 22, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-4985 Filed 3-3-94; 8:45 am]
BILLING CODE 7035-01-P
