95-19227. Western Kentucky Railway, L.L.C.Abandonment Exemptionin Union County, KY  

  • [Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
    [Notices]
    [Pages 39968-39969]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-19227]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Docket No. AB-449 (Sub-No. 1X)]
    
    
    Western Kentucky Railway, L.L.C.--Abandonment Exemption--in Union 
    County, KY
    
        Western Kentucky Railway, L.L.C. (WKR), has filed a notice of 
    exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
    abandon 20 miles of its line between milepost JE48.0 north of Dekoven, 
    and milepost JE28.0 at Waverly, in Union County, KY.
        WKR has certified that: (1) No local traffic has moved over the 
    line for at least 2 years; (2) any overhead traffic that could move 
    over 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 report), 49 CFR 1105.8 (historic report), 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.
        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 2, 1995, unless stayed pending reconsideration. 
    Petitions to stay that do not involve environmental issues,1 
    formal expressions of intent to 
    
    [[Page 39969]]
    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 August 
    14, 1995. Petitions to reopen or requests for public use conditions 
    under 49 CFR 1152.28 must be filed by August 23, 1995, with: Office of 
    the Secretary, Case Control Branch, Interstate Commerce Commission, 
    1201 Constitution Ave., N.W., 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 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 the 
    Commission to review and act on the request before 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: Kelvin J. Dowd, Esq., Slover & Loftus, 1224 
    17th St., N.W., Washington, D.C. 20036.
        If the notice of exemption contains false or misleading 
    information, the exemption is void ab initio.
        WKR has filed an environmental report which addresses the 
    abandonment's effects, if any, on the environment and historic 
    resources. The Section of Environmental Analysis (SEA) will issue an 
    environmental assessment (EA) by August 8, 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: July 28, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-19227 Filed 8-3-95; 8:45 am]
    BILLING CODE FR-7035-01-P
    
    

Document Information

Published:
08/04/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-19227
Pages:
39968-39969 (2 pages)
Docket Numbers:
Docket No. AB-449 (Sub-No. 1X)
PDF File:
95-19227.pdf