[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-285]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-167 (Sub-No. 1134X)]

 

Consolidated Rail Corporation--Abandonment Exemption--In Crawford 
County, PA; Notice of Exemption

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon its approximately 1.1-mile line of railroad known as the 
Vallonia Branch from milepost 0.0 to milepost 1.1 in Meadville, 
Crawford County, 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 for at least 2 years; (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 complainant's favor within the 2-year 
period; and (4) it has met the notice requirements at 49 CFR 1105.7(b) 
(service of environmental report on agencies), 49 CFR 1105.8(c) 
(service of historic report on State Historic Preservation Officer), 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to government agencies).
    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.
    This exemption will be effective on February 6, 1994, unless stayed 
or a formal expression of intent to file an offer of financial 
assistance (OFA) is filed. 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 must be filed by January 18, 1994.3 Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by January 27, 1994, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 20423.
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    \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 Energy 
and Environment in its independent investigation) cannot be made 
before the effective date of the 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 the exemption.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\The Commission will accept late-filed trail use requests 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 
Conrail's representative: Robert S. Natalini, Consolidated Rail 
Corporation, 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 has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Energy and Environment (SEE) will issue an 
environmental assessment (EA) by January 12, 1994. Interested persons 
may obtain a copy of the EA by writing to SEE (room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
Chief of SEE, 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: December 29, 1993.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-285 Filed 1-6-94; 8:45 am]
BILLING CODE 7035-01-P