[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8352]
[[Page Unknown]]
[Federal Register: April 7, 1994]
-----------------------------------------------------------------------
INTERSTATE COMMERCE COMMISSION
[Docket No. AB-167 (Sub-No. 1138X)]
Consolidated Rail Corp.--Abandonment Exemption--in Lake County,
IN
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon approximately a 0.71-mile line of railroad known as the Whiting
Industrial Track, from approximately milepost 448.89 to
approximately milepost 449.60, in East Chicago, Lake
County, IN.
Conrail has certified that: (1) No local or overhead traffic has
moved over the line for at least 2 years; (2) 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 (3) 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 7, 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 18, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 27, 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: Robert S. Natalini, Two Commerce Square,
2001 Market St., P.O. Box 41416, Philadelphia, PA 19101-1416.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Conrail 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 12, 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: March 31, 1994.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-8352 Filed 4-6-94; 8:45 am]
BILLING CODE 7035-01-P
