[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: 94-4985]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-400 (Sub-No. 2X)]

 

Seminole Gulf Railway, Inc.--Abandonment Exemption--In Lee 
County, FL

    Seminole Gulf Railway, Inc. as General Partner of Seminole Gulf 
Railway, L.P., d/b/a Seminole Gulf Railway, L.P. (Seminole Gulf) has 
filed a notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon service on 3.55 miles of its Baker Spur Line 
located in Lee County, FL. The portion of line being abandoned extends 
eastward from the new proposed end of track at Engineering station 
79+95 to the existing end of track Engineering station 267+62, a 
distance of 18,767 feet.
    Seminole Gulf has certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there is no overhead traffic on 
the line; (3) no formal complaint filed by a user of rail service on 
the line (or 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 April 3, 1994, unless stayed pending reconsideration. 
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 
1152.293 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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    \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 grounds is encouraged to file 
its request as soon as possible in order to permit this 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 late-filed trail use statements 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: Gordon H. Fay, 4110 Centerpointe Dr., Fort 
Myers, FL 33916.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Seminole Gulf has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and 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 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 22, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-4985 Filed 3-3-94; 8:45 am]
BILLING CODE 7035-01-P