[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17140]
[[Page Unknown]]
[Federal Register: July 14, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-317 (Sub. 3X)]
Indiana Harbor Belt Railroad Co.--Discontinuance of Trackage
Rights Exemption--In Gary, IN
Indiana Harbor Belt Railroad Company (IHB) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Trackage Rights to discontinue its trackage
rights1 on approximately 3 miles of rail line owned by
Consolidated Rail Corporation (Conrail), between Conrail mileposts 4.63
and 7.75, in Gary, IN, known as the Dune Park Line.2
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\1\ The trackage rights were granted in an agreement between IHB
and Conrail dated April 9, 1906.
\2\ The status of the line vis-a-vis Conrail is unclear. At one
point IHB indicates that Conrail has filed, or intends to file, a
notice of exemption to abandon this trackage. Elsewhere, however,
IHB states that Conrail has previously received authority to abandon
the line, subject to IHB's trackage rights.
IHB states that it intends to discontinue trackage rights
approximately August 1, 1994. However, 49 CFR 1152.50(d)(2) requires
the filing of a notice of discontinuance at least 50 days before the
abandonment or discontinuance is to be consummated. Because this
notice was filed on June 20, 1994, applicant may not consummate the
discontinuance prior to August 9, 1994. IHB's representative has
confirmed that the correct consummation date is on or after August
9, 1994.
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IHB 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 over other lines; (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 1105.12 (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 affected by
the discontinuance of service 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 August 13, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking statements under 49 CFR
1152.295 must be filed by July 25, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by August 3, 1994, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
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\3\ 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 Energy
and Environment in its independent investigation) cannot be made
before 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.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ 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 representative: Roger A. Serpe, 175 West Jackson Boulevard,
Suite 1460, Chicago, IL 60604.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
IHB has filed an environmental report which addresses the effects
of the discontinuance, if any, on the environment or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by July 19, 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: July 7, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-17140 Filed 7-13-94; 8:45 am]
BILLING CODE 7035-01-P
