[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20056]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-333X]

 

Unity Railways Company--Abandonment Exemption--In Allegheny 
County, PA

    Unity Railways Company (Unity) has filed a notice of exemption, 
under 49 CFR 1152 Subpart F--Exempt Abandonments, to abandon its entire 
line between survey station 3+50 at Unity Junction and the end of its 
line at survey station 205+82 at Renton Road, a distance of 
approximately 3.9 miles, located in Plum Borough, Allegheny County, 
PA.1
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    \1\Unity states that it intends to consummate this abandonment 
on or after August 30, 1994. Because the notice must be filed with 
the Commission at least 50 days before the abandonment is to be 
consummated, consummation could not in any event take place before 
September 13, 1994. See 49 CFR 1152.50(d)(2). As noted subsequently 
in this notice, however, the exemption will not be effective until 
September 15, 1994.
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    Unity 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 a complainant within the 2-year period; and (4) the 
requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 
(historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to government 
agencies) have been met.
    Where as here, the carrier is abandoning its entire line, the 
Commission does not normally impose labor protection under 49 U.S.C. 
10505(g) unless the evidence indicates the existence of a corporate 
affiliate that will: (1) continue rail operations; or (2) realize 
significant benefits in addition to being relieved of the burden of 
deficit operations by its affiliated railroad. See T and P Rwy.--
Aband.--in Shawnee, Jefferson, and Atchison Counties, KS, Docket No. 
AB-381, et al. (ICC served Apr. 27, 1993). Because these conditions do 
not appear to exist here, employee protective conditions will not be 
imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 15, 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 
1152.294 must be filed by August 26, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 6, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate 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 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 on 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 pleading filed with the Commission should be sent to 
applicant's representative: Richard R. Wilson, Vuono, Lavelle & Gray, 
2310 Grant Building, Pittsburgh, PA 15219.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio. 
    Unity has filed an environmental report that addresses the 
abandonment's effect, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by August 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 becomes 
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: August 11, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20056 Filed 8-15-94; 8:45 am]
BILLING CODE 7035-01-P