[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4984]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-156 (Sub-No. 19X)]

 

Delaware and Hudson Railway Co., Inc.; Abandonment Exemption; in 
Saratoga and Warren Counties, NY

    Delaware and Hudson Railway Company, Inc. (D&H), has filed a notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 38.00 miles of rail line known as the Adirondack 
Branch, between milepost 55.00, at Corinth, and milepost 94.96, at 
North Creek, in Saratoga and Warren Counties, NY.1
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    \1\ D&H states that it plans to consummate this abandonment on 
or after February 1, 1994. Because the notice must be filed with the 
Commission at least 50 days before the abandonment/discontinuance is 
to be consummated, consummation cannot take place here before April 
3, 1994. See 49 CFR 1152.50(d)(2).
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    D&H has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic on the line has been 
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), 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 expressions of intent to file an offer of 
financial assistance (OFA) have been received, this exemption will be 
effective on April 3, 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 statements under 49 CFR 
1152.294 must be filed by March 14, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by March 24, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \2\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.
    \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 petition filed with the Commission should be sent to 
applicant's representative: Timothy G. Mulcahy, Esq., CP Legal 
Services, P.O. Box 8002, 200 Clifton Corporate Parkway, Clifton Park, 
NY 12065.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    D&H has filed an environmental report which addresses the 
abandonment's effect, if any, on the environment or historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by March 9, 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: February 24, 1994.


    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-4984 Filed 3-3-94; 8:45 am]
BILLING CODE 7035-01-P