[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14130]
[[Page Unknown]]
[Federal Register: June 10, 1994]
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INTERNATIONAL TRADE COMMISSION
[Docket No. AB-167 (Sub-No. 1121X)]
Consolidated Rail Corporation--Abandonment Exemption--In Clark
County, OH
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 8.1 miles of rail line from approximately milepost 124.5+
in Glen Echo to approximately milepost 132.61 in
Springfield, Clark County, OH.
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\1\Grand Trunk Western Railroad (GTW) maintains overhead
trackage rights over a portion of the line from milepost 129.1 to
milepost 132.6. We interpret this to mean that GTW has no local
trackage rights on this portion of the line. In Missouri Pac. R.
Co.--Aban.--Osage & Morris Count., KS, 9 I.C.C.2d 1228 (1993)
(Missouri Pac.), the Commission held that a railroad that certifies
that there has been no local traffic on the line, including that of
the railroad with trackage rights, can use the exemption procedures
to abandon the line without the holder of trackage rights receiving
discontinuance authority subject to certain conditions.
Accordingly, because of GTW's existing trackage rights, Conrail
may only discontinue service at this time. The effectiveness of this
notice as to the abandonment will be contingent upon: (1) GTW
obtaining Commission approval or exemption to discontinue its
trackage rights; and (2) Conrail informing any party requesting
public use or trail use if and when such trackage rights are
discontinued. See Missouri Pac., supra. Requests for public use or
trail use conditions will not be acted upon until GTW has
relinquished its trackage rights.
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Conrail 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 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), 49 CFR 1105.8 (historic
requirement), 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 expressions of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on July 10, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking statements under 49 CFR
1152.294 must be filed by June 21, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 30, 1994, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
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\2\A stay will be routinely issued 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 before the effective
date of this exemption.
\3\See Exempt, of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\The Commission will accept a late-filed trail use request 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 representatives: Robert S. Natalini, Two Commerce Square,
2001 Market Street, 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
effects of the abandonment, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by June 15, 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: June 3, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-14130 Filed 6-9-94; 8:45 am]
BILLING CODE 7035-01-P
