[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Pages 33795-33796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16411]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-167 (Sub-No. 1161X)]
Consolidated Rail Corporation--Abandonment Exemption--in
Vermilion and Champaign Counties, IL
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 24.50 miles of its line of railroad known as the Pekin
Secondary Track from approximately milepost 4.00 to approximately
milepost 28.50 in Vermilion and Champaign Counties, IL.2
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\2\ A Conrail line from milepost 28.50 at Urbana, to milepost
78.3 at Bloomington, is the subject of a pending petition for
exemption in Norfolk and Western Railway Company--Purchase and
Operate--Consolidated Rail Corporation--in Urbana to Peoria, IL, STB
Finance Docket No. 32957.
By letter filed June 19, 1996, the Champaign County
Administrative Services (County) filed a comment expressing concern
about the proposed abandonment's effects on planned industrial areas
on the east side of the City of Urbana and the elevator at Fulls
Siding.
While the County appears to oppose abandonment, its position is
not altogether clear. Should it wish to seek specific relief from
the Board, it may file a petition for stay or for other relief on or
before the dates specified in this notice.
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Conrail has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line can be
rerouted; (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 Board or with any U.S. District Court or has been
decided in favor of 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.
This exemption is subject to the condition that consummation of the
abandonment is contingent upon issuance by the Board of an exemption
for the transaction that is the subject of STB Finance Docket No. 32957
and upon the exercise of that exemption by acquisition and operation by
Norfolk and Western Railway Company (NW) of the line that is the
subject of that proceeding.
As a further condition to 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. 10502(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 July 28, 1996, unless stayed pending
reconsideration.3 Petitions to stay that do not involve
environmental issues,4 formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2),5 and trail use/rail banking requests
under 49 CFR 1152.29 6 must be filed by July 8, 1996. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by July 18, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
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\3\ Conrail indicates that its intends to consummate abandonment
on August 5, 1996, or on the date NW acquires the line between
milepost 28.50 and milepost 78.3 and begins operations over it
pursuant to the exemption sought in STB Finance Docket No. 32957,
whichever is later.
\4\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for
a stay should be filed as soon as possible so that the Board may
take appropriate action before the exemption's effective date.
\5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\6\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: John J. Paylor, Associate General Counsel,
Consolidated Rail Corporation, 2001 Market Street--16A, Philadelphia,
PA 19101-1416.
If the verified notice 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 environment and historic
resources. The Section of Environmental Analysis
[[Page 33796]]
(SEA) will issue an environmental assessment (EA) by July 3, 1996.
Interested persons may obtain a copy of the EA by writing to SEA (Room
3219, Surface Transportation Board, 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 becomes 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 21, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-16411 Filed 6-27 -96; 8:45 am]
BILLING CODE 4915-00-P
