[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23503]
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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-57 (Sub-No. 42X)]
Soo Line Railroad Company--Discontinuance of Trackage Rights
Exemption--in Lake, Newton, Benton and Warren Counties, IN and
Vermilion County, IL
Soo Line Railroad Company (Soo) has filed a notice of exemption
under 49 CFR Part 1152 Subpart F--Exempt Abandonments and
Discontinuances to discontinue a portion of its trackage rights over
approximately 104.9 miles of Consolidated Rail Corporation's (Conrail)
2 line of railroad known as the Danville Secondary between Conrail
milepost 4.3+/- at Gibson, IN, and Conrail milepost 109.2+/- at
Danville, IL, in Lake, Newton, Benton and Warren Counties, IN, and
Vermilion County, IL.3
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\1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat.
803, which was enacted on December 29, 1995, and took effect on
January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
\2\ Soo is the successor in interest to the Chicago, Milwaukee,
St. Paul, and Pacific Railroad Company, which acquired the trackage
rights over the Indiana Harbor Belt Railroad Co. and Conrail
pursuant to authority granted in ICC Finance Docket No. 29186 (Sub-
No. 1), Richard B. Ogilvie, Trustee of the Property of Chicago,
Milwaukee, St. Paul, and Pacific Railroad Company--Trackage Rights--
Over Indiana Harbor Belt Railroad Company Between North Harvey IL,
and Gibson, IN and Consolidated Rail Corporation Between Gibbons, IN
and Terre Haute, IN (ICC served Apr. 16, 1980), as supplemented by
decisions served May 8, 1980, and Aug. 6, 1980.
\3\ Under 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. Soo, in its
verified notice tendered for filing on July 31, 1996, indicated a
proposed consummation date of September 21, 1996. However, applicant
failed to publish notice in the newspaper as required, and a new
filing date of August 26, 1996, was entered when proof of
publication was received. Because the verified notice was not
complete until August 26, 1996, and hence was not deemed filed until
then, the earliest possible consummation date is October 15, 1996.
Applicant's representative has confirmed that the correct
consummation date is on or after October 15, 1996.
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Soo has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) all overhead traffic has been been
rerouted over alternative trackage rights; 4 (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 Board or
with any U.S. District Court or has been decided in favor of
complainant within the 2-year period; and (4) the requirements at 49
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice
to governmental agencies) have been met.
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\4\ Soo acquired and activated parallel trackage rights on
CSXT's line from Blue Island Junction/Woodland Junction/Dolton, IL,
to Spring Hill Interlocking/Terre Haute, IN. See Soo Line Railroad
Company--Trackage Rights Exemption--CSX Transportation, Inc., ICC
Finance Docket No. 31383 (ICC served Jan. 10, 1989).
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As a condition to 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. 10502(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 October 15, 1996,5 unless stayed pending
reconsideration. Petitions to stay and formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2),6 must be filed by
September 23, 1996. Petitions to reopen must be filed by October 3,
1996, with: Office of the Secretary, Case Control Branch, Surface
Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC
20423.
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\5\ Because this is a discontinuance proceeding and not an
abandonment, trail use/rail banking and public use conditions are
not appropriate. Likewise, no environmental or historical
documentation is required here under 49 CFR 1105.6(b)(3).
\6\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
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A copy of any petition filed with the Board should be sent to
applicant's representative: Larry D. Starns, Esq., General Attorney, CP
Legal Services, Office of the U.S. Regional Counsel, 100 Soo Line
Building, 105 South 5th Street, Minneapolis, MN 55402.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: August 30, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23503 Filed 9-12-96; 8:45 am]
BILLING CODE 4915-00-P
