[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Pages 30582-30583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14200]
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[[Page 30583]]
INTERSTATE COMMERCE COMMISSION
[Docket No. AB-418 (Sub-No. 1X)]
Cooperstown and Charlotte Valley Railway Corporation--Abandonment
Exemption--in Otsego County, NY
Cooperstown and Charlotte Valley Railway Corporation (CCV), a
subsidiary of Delaware Otsego Corporation, has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
its entire 15.49-mile line of railroad, between milepost 16.0, at
Cooperstown Junction, and milepost 0.51, at Cooperstown, in Otsego
County, NY.
CCV 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 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.
In its verified notice, applicant said that it ``recognizes that
this abandonment will be made subject to the customary employee
protective conditions imposed by the Commission.'' Where, as here,
however, a railroad proposes to abandon its entire line of railroad,
employee protective conditions are normally not imposed. Thus,
consistent with Commission precedent, employee protective conditions
will not be imposed here.1
\1\ The Commission will only consider imposing employee
protective conditions in the context of an entire line abandonment
when the evidence of record demonstrates the existence of: (1) a
corporate affiliate that will continue substantially similar rail
operations; or (2) a corporate parent that will realize substantial
financial benefits over and above relief from the burden of deficit
operations by its subsidiary railroad. See Northhampton and Bath R.
Co.--Abandonment, 354 I.C.C. 784 (1978).
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Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on July 9, 1995, 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 requests under 49 CFR
1152.29 4 must be filed by June 19, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 29, 1995, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
\2\ 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 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 prior to 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 pleading filed with the Commission should be sent to
applicant's representative: Nathan R. Fenno, Cooperstown and Charlotte
Valley Railway Corporation, 1 Railroad Ave., Cooperstown, NY 13326.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CCV has filed an environmental report which addresses the effects
of the abandonment, if any, on the environment and historic resources.
The Commission's Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by June 14, 1995. 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 2, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-14200 Filed 6-8-95; 8:45 am]
BILLING CODE 7035-01-P
