[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7378]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-97X]

 

Texas Mexican Railway Company, Naval Base Short Line 
Discontinuance Exemption--in Nueces County, TX

    The Texas Mexican Railway Company (Tex-Mex) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances to discontinue service over a 13.26-mile rail line 
beginning at milepost 3.07 (Station 165) and continuing to the Corpus 
Christi Naval Air Station in Nueces County, TX.1
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    \1\In a decision served November 19, 1993, the Commission 
rejected Tex-Mex's original notice of exemption because no 
environmental information was submitted. Subsequently, the City of 
Corpus Christi filed supplemental environmental documents on behalf 
of Tex-Mex that cured the defect in the notice.
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    Tex-Mex 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; and (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. On behalf 
of Tex-Mex, the City of Corpus Christi has filed and certified that 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 affected by 
the discontinuance 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 28, 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 requests under 49 CFR 
1152.29 must be filed by April 8, 1994. Petitions to reopen or requests 
for public use conditions under 49 CFR 1152.28 must be filed by April 
18, 1994, with: Office of the Secretary, Case Control Branch, Intestate 
Commerce Commission, Washington, DC 20423.
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    \2\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 this 
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).
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    A copy of any pleading filed with the Commission should be sent to: 
(1) petitioner's representatives, Charles H. White, Jr. or Cynthia C. 
Crawford, Galland, Kharasch, Morse & Garfinkle, P.C., 1054 31st Street 
NW., Washington, DC 20007; and (2) City of Corpus Christi, Juan Garza, 
City Manager, P.O. Box 9277, Corpus Christi, Texas 78469-9277.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    On behalf of Tex-Mex, the City of Corpus Christi has filed an 
environmental report which addresses the discontinuance's effects, if 
any, on the environmental and historic resources. The Section of 
Environmental Analysis (SEA) will issue an environmental assessment 
(EA) by April 8, 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: March 24, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7378 Filed 3-28-94; 8:45 am]
BILLING CODE 7035-01-P