[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20056]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-333X]
Unity Railways Company--Abandonment Exemption--In Allegheny
County, PA
Unity Railways Company (Unity) has filed a notice of exemption,
under 49 CFR 1152 Subpart F--Exempt Abandonments, to abandon its entire
line between survey station 3+50 at Unity Junction and the end of its
line at survey station 205+82 at Renton Road, a distance of
approximately 3.9 miles, located in Plum Borough, Allegheny County,
PA.1
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\1\Unity states that it intends to consummate this abandonment
on or after August 30, 1994. Because the notice must be filed with
the Commission at least 50 days before the abandonment is to be
consummated, consummation could not in any event take place before
September 13, 1994. See 49 CFR 1152.50(d)(2). As noted subsequently
in this notice, however, the exemption will not be effective until
September 15, 1994.
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Unity 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 a 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 government
agencies) have been met.
Where as here, the carrier is abandoning its entire line, the
Commission does not normally impose labor protection under 49 U.S.C.
10505(g) unless the evidence indicates the existence of a corporate
affiliate that will: (1) continue rail operations; or (2) realize
significant benefits in addition to being relieved of the burden of
deficit operations by its affiliated railroad. See T and P Rwy.--
Aband.--in Shawnee, Jefferson, and Atchison Counties, KS, Docket No.
AB-381, et al. (ICC served Apr. 27, 1993). Because these conditions do
not appear to exist here, employee protective conditions will not be
imposed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 15, 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 requests under 49 CFR
1152.294 must be filed by August 26, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by September 6, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\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 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 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 pleading filed with the Commission should be sent to
applicant's representative: Richard R. Wilson, Vuono, Lavelle & Gray,
2310 Grant Building, Pittsburgh, PA 15219.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Unity has filed an environmental report that addresses the
abandonment's effect, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by August 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 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: August 11, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20056 Filed 8-15-94; 8:45 am]
BILLING CODE 7035-01-P
