95-18050. Consolidated Rail CorporationAbandonment Exemptionin Indiana and Cambria Counties, PA  

  • [Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
    [Notices]
    [Pages 37672-37673]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18050]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Docket No. AB-167 (Sub-No. 1149X)]
    
    
    Consolidated Rail Corporation--Abandonment Exemption--in Indiana 
    and Cambria Counties, PA
    
        Consolidated Rail Corporation (Conrail) has filed a notice of 
    exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 
    2.6 miles of its line of railroad, known as the Kin 
    Industrial Track, from approximately milepost 35.80  to 
    approximately milepost 38.40, in Indiana and Cambria 
    Counties, PA.
        Conrail has certified that: (1) No local traffic has moved over the 
    line for at least 2 years; (2) no overhead traffic has moved over 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
    
    [[Page 37673]]
    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 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 August 20, 1995, 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 
    1152.29 3 must be filed by July 31, 1995. Petitions to reopen or 
    requests for public use conditions under 49 CFR 1152.28 must be filed 
    by August 10, 1995, 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 the 
    Commission to review and act on the request prior to 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.
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        A copy of any pleading filed with the Commission should be sent to 
    applicant's representative: 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 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 July 26, 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 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: July 14, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-18050 Filed 7-20-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
07/21/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-18050
Pages:
37672-37673 (2 pages)
Docket Numbers:
Docket No. AB-167 (Sub-No. 1149X)
PDF File:
95-18050.pdf