[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17140]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-317 (Sub. 3X)]

 

Indiana Harbor Belt Railroad Co.--Discontinuance of Trackage 
Rights Exemption--In Gary, IN

    Indiana Harbor Belt Railroad Company (IHB) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Trackage Rights to discontinue its trackage 
rights1 on approximately 3 miles of rail line owned by 
Consolidated Rail Corporation (Conrail), between Conrail mileposts 4.63 
and 7.75, in Gary, IN, known as the Dune Park Line.2
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    \1\ The trackage rights were granted in an agreement between IHB 
and Conrail dated April 9, 1906.
    \2\ The status of the line vis-a-vis Conrail is unclear. At one 
point IHB indicates that Conrail has filed, or intends to file, a 
notice of exemption to abandon this trackage. Elsewhere, however, 
IHB states that Conrail has previously received authority to abandon 
the line, subject to IHB's trackage rights.
    IHB states that it intends to discontinue trackage rights 
approximately August 1, 1994. However, 49 CFR 1152.50(d)(2) requires 
the filing of a notice of discontinuance at least 50 days before the 
abandonment or discontinuance is to be consummated. Because this 
notice was filed on June 20, 1994, applicant may not consummate the 
discontinuance prior to August 9, 1994. IHB's representative has 
confirmed that the correct consummation date is on or after August 
9, 1994.
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    IHB has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
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 requirement), 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 of service 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 August 13, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking statements under 49 CFR 
1152.295 must be filed by July 25, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 3, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \3\ 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 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ 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: Roger A. Serpe, 175 West Jackson Boulevard, 
Suite 1460, Chicago, IL 60604.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    IHB has filed an environmental report which addresses the effects 
of the discontinuance, if any, on the environment or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by July 19, 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: July 7, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-17140 Filed 7-13-94; 8:45 am]
BILLING CODE 7035-01-P