[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21098]
[[Page Unknown]]
[Federal Register: August 26, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-362 (Sub-No. 3X)]
Texas and Oklahoma R.R. Co.--Abandonment Exemption--In Foard and
Wilbarger Counties, TX
Texas and Oklahoma R.R. Co. (T&O) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 16.81
mile portion of its rail line between milepost 480.19 near the Texas-
Oklahoma State Line in Wilbarger County, TX, and milepost 497.0 near
Chillicothe, TX, in Foard County, TX.\1\
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\1\The line segment sought to be abandoned here is included in
the 156.49-mile rail line which was proposed for abandonment in
Texas and Oklahoma R.R. Company--Abandonment Exemption--Between The
Oklahoma-Texas State Line And Orient Junction (Sweetwater), Texas,
Docket No. AB-362 (Sub-No. 2X), (ICC served Mar. 25, 1994). That
request was denied because the Commission was unable to reach a
majority. T&O's petition for reconsideration in that proceeding is
pending before the Commission.
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T&O has certified that: (1) no local or overhead traffic has moved
over the line for at least 2 years; (2) 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 (3) the requirements at 49 CFR 1105.7
(environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11
(transmittal letter),\2\ 49 CFR 1105.12 (newspaper publication) and 49
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
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\2\The Commission's Section of Environmental Analysis has
allowed T&O to meet the foregoing requirements based on the
environmental and historic report submitted in the Docket No. AB-362
(Sub-No. 2X) because the conditions relating to the line segment
involved here have not changed since the previous report was
submitted.
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As a condition to use of 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. 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 September 25, 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 1152.29\5\ must be filed
by September 6, 1994. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 15, 1994,
with: Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423.
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\3\A stay will be routinely issued 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 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 pleading filed with the Commission should be sent to
applicant's representatives: Richard H. Streeter, Barnes & Thornburg,
1815 H Street, Suite 800, Washington, DC 20006.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
T&O has filed an environmental report in Docket No. AB-362 (Sub-No.
2X) which addresses the effects of the abandonment, if any, on the
environment or historic resources. The Section of Environmental
Analysis (SEA) will issue a revised environmental assessment (EA) by
August 31, 1994. Interested persons may obtain a copy of the EA from
SEA 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: August 22, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. 94-21098 Filed 8-25-94; 8:45 am]
BILLING CODE 7035-01-P
