[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14130]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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INTERNATIONAL TRADE COMMISSION
[Docket No. AB-167 (Sub-No. 1121X)]

 

Consolidated Rail Corporation--Abandonment Exemption--In Clark 
County, OH

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 8.1 miles of rail line from approximately milepost 124.5+ 
in Glen Echo to approximately milepost 132.61 in 
Springfield, Clark County, OH.
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    \1\Grand Trunk Western Railroad (GTW) maintains overhead 
trackage rights over a portion of the line from milepost 129.1 to 
milepost 132.6. We interpret this to mean that GTW has no local 
trackage rights on this portion of the line. In Missouri Pac. R. 
Co.--Aban.--Osage & Morris Count., KS, 9 I.C.C.2d 1228 (1993) 
(Missouri Pac.), the Commission held that a railroad that certifies 
that there has been no local traffic on the line, including that of 
the railroad with trackage rights, can use the exemption procedures 
to abandon the line without the holder of trackage rights receiving 
discontinuance authority subject to certain conditions.
    Accordingly, because of GTW's existing trackage rights, Conrail 
may only discontinue service at this time. The effectiveness of this 
notice as to the abandonment will be contingent upon: (1) GTW 
obtaining Commission approval or exemption to discontinue its 
trackage rights; and (2) Conrail informing any party requesting 
public use or trail use if and when such trackage rights are 
discontinued. See Missouri Pac., supra. Requests for public use or 
trail use conditions will not be acted upon until GTW has 
relinquished its trackage rights.
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    Conrail 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 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 
requirement), 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) has been received, this exemption will be 
effective on July 10, 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 June 21, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 30, 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 representatives: Robert S. Natalini, 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 
effects of the abandonment, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by June 15, 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: June 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-14130 Filed 6-9-94; 8:45 am]
BILLING CODE 7035-01-P