[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9385]
[[Page Unknown]]
[Federal Register: April 19, 1994]
-----------------------------------------------------------------------
INTERSTATE COMMERCE COMMISSION
[Docket No. AB-227 (Sub-No. 4X)]
Wheeling & Lake Erie Railway Company--Abandonment Exemption--In
Stark and Wayne Counties, OH
Wheeling & Lake Erie Railway Company (W&LE) has filed a notice of
exemption under 49 CFR Part 1152 subpart F--Exempt Abandonments to
abandon its line of railroad, known as the Dalton Branch, extending
from milepost 16.4 in Massillon, Stark County, OH to the end of track
at milepost 7.0 in Dalton, Wayne County, OH, a distance of 9.4 miles.
W&LE has certified that:
(1) No local traffic has moved over the line for at least 2 years;
(2) No overhead traffic has moved or could move over the line (the
stub-ended Dalton Branch is not a through route and thus cannot be
utilized for overhead traffic);
(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 May 19, 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 April 29, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by May 9, 1994, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, 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 on environmental concerns 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 a late-filed trail use request as
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------
A copy of any pleading filed with the Commission should be sent to
applicant's representative: Thomas J. Litwiler, Two Prudential Plaza,
45th Floor, 180 North Stetson Ave., Chicago, IL 60601.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
W&LE 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 April 22, 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: April 8, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-9385 Filed 4-18-94; 8:45 am]
BILLING CODE 7035-01-P
